By: Hochberg H.B. No. 2494

A BILL TO BE ENTITLED

AN ACT

relating to curriculum requirements and assessment instruments in public schools.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 28.002(c), Education Code, is amended to read as follows:

(c) The State Board of Education, with the direct participation of educators, parents, business and industry representatives, and employers shall by rule identify:

(1) the essential knowledge and skills of each subject of the required curriculum that all students should be able to demonstrate; and

(2) the enriched knowledge and skills of each subject in the foundation curriculum that a student should know in order to have a full understanding of the subject appropriate for the student's grade level. [that] The knowledge and skills identified will be used in evaluating textbooks under Chapter 31 and addressed on the assessment instruments required under Subchapter B, Chapter 39. As a condition of accreditation, the board shall require each district to provide instruction in the essential knowledge and skills at appropriate grade levels.

SECTION 2. Sections 28.0211(a), Education Code, is amended to read as follows:

(a) Except as provided by Subsection (b) or (e), a student may not be promoted to:

(1) [the fourth grade program to which the student would otherwise be assigned if the student does not perform satisfactorily on the third grade reading assessment instrument under Section 39.023;

(2)] the sixth grade program to which the student would otherwise be assigned if the student does not perform satisfactorily on the fifth grade mathematics and reading assessment instruments under Section 39.023; or

(2)[(3)] the ninth grade program to which the student would otherwise be assigned if the student does not perform satisfactorily on the eighth grade mathematics and reading assessment instruments under Section 39.023.

SECTION 3. Sections 39.023, Education Code, is amended by amending Subsections (a), (b), (c), (e), (i), and (n) and by adding Subsection (o) to read as follows:

(a) The agency shall adopt or develop appropriate [criterion-referenced] assessment instruments designed to assess essential knowledge and skills and enriched knowledge and skills in reading, writing, mathematics, social studies, and science. All students, except students assessed under Subsection (b) or (l) or exempted under Section 39.027, shall be assessed in:

(1) mathematics, annually in grades three through seven without the aid of technology and in grades eight through 11 with the aid of technology on any assessment instruments that include algebra;

(2) reading, annually in grades three through nine;

(3) writing, including spelling and grammar, in grades four and seven;

(4) English language arts, in grade 10;

(5) social studies, in grades eight and 10;

(6) science, in grades five, eight, and 10; and

(7) any other subject and grade required by federal law.

(b) The agency shall develop or adopt appropriate [criterion-referenced] assessment instruments to be administered to each student in a special education program under Subchapter A, Chapter 29, who receives modified instruction in the essential knowledge and skills and enriched knowledge and skills identified under Section 28.002 for the assessed subject but for whom an assessment instrument adopted under Subsection (a), even with allowable modifications, would not provide an appropriate measure of student achievement, as determined by the student's admission, review, and dismissal committee. The assessment instruments required under this subsection must assess essential knowledge and skills and growth in the subjects of reading, mathematics, and writing. A student's admission, review, and dismissal committee shall determine whether any allowable modification is necessary in administering to the student an assessment instrument required under this subsection. The assessment instruments required under this subsection shall be administered on the same schedule as the assessment instruments administered under Subsection (a).

(c) The agency shall also adopt secondary exit-level assessment instruments designed to be administered to students in grade 11 to assess essential knowledge and skills and enriched knowledge and skills in mathematics, English language arts, social studies, and science. The mathematics section must include at least Algebra I and geometry with the aid of technology. The English language arts section must include at least English III and must include the assessment of essential knowledge and skills and enriched knowledge and skills in writing. The social studies section must include early American and United States history. The science section must include at least biology and integrated chemistry and physics. The assessment instruments must be designed to assess a student's mastery of minimum skills necessary for high school graduation and readiness to enroll in an institution of higher education. If a student is in a special education program under Subchapter A, Chapter 29, the student's admission, review, and dismissal committee shall determine whether any allowable modification is necessary in administering to the student an assessment instrument required under this subsection or whether the student should be exempted under Section 39.027(a)(2). The State Board of Education shall administer the assessment instruments. The State Board of Education shall adopt a schedule for the administration of secondary exit-level assessment instruments. Each student who did not perform satisfactorily on any secondary exit-level assessment instrument when initially tested shall be given multiple opportunities to retake that assessment instrument. A student who performs at or above a level established by the Texas Higher Education Coordinating Board on the secondary exit-level assessment instruments is exempt from the requirements of Section 51.306.

(e) Under rules adopted by the State Board of Education, every [other] year, the agency shall release the questions and answer keys to each assessment instrument administered under Subsection (a), (b), (c), (d), or (l) after the last time the instrument is administered for that school year. To ensure a valid bank of questions for use each year, the agency is not required to release a question that is being field-tested and was not used to compute the student's score on the instrument. The agency shall also release, under board rule, each question that is no longer being field-tested and that was not used to compute a student's score. The agency shall limit field testing to the minimum necessary to ensure validity of test items. The schedule for administering field tests, other than field-test items that are embedded in required assessments, should minimize the frequency with which any particular campus is required to administer such tests. Any separate field tests should be administered later in the school year than the spring administration of required assessments.

(i) [The provisions of this section, except Subsection (d), are subject to modification by rules adopted under Section 39.022.] Each assessment instrument adopted under Section 39.022 [those rules] and each assessment instrument required under Subsection (d) must be reliable and valid and must meet any applicable federal requirements for measurement of student progress.

(n) This subsection applies only to a student who is determined to have dyslexia or a related disorder and who is an individual with a disability under 29 U.S.C. Section 705(20) and its subsequent amendments. The agency shall adopt or develop appropriate [criterion-referenced] assessment instruments designed to assess the ability of and to be administered to each student to whom this subsection applies for whom the assessment instruments adopted under Subsection (a), even with allowable modifications, would not provide an appropriate measure of student achievement, as determined by the committee established by the board of trustees of the district to determine the placement of students with dyslexia or related disorders. The committee shall determine whether any allowable modification is necessary in administering to a student an assessment instrument required under this subsection. The assessment instruments required under this subsection shall be administered on the same schedule as the assessment instruments administered under Subsection (a).

(o) In the design of the assessment instruments under this section, the agency shall attempt to minimize the benefits of teaching test-taking skills and gimmicks as a means to increase scores. The agency shall report the steps it takes to achieve this goal to the appropriate committees of the Legislature as the tests are being designed.

SECTION 4. Section 39.024(a), Education Code, is amended to read as follows:

(a) Except as otherwise provided by this subsection, the State Board of Education shall determine the level of performance considered to be satisfactory on the portions of the assessment instruments measuring mastery of the essential knowledge and skills. The admission, review, and dismissal committee of a student being assessed under Section 39.023(b) shall determine the level of performance considered to be satisfactory on the assessment instruments administered to that student in accordance with criteria established by agency rule.

SECTION 5. Section 39.028, Education Code, is amended to read as follows:

(a) The [state assessment program] Commissioner shall obtain nationally comparative results for the subject areas and grade levels for which [criterion-referenced] assessment instruments are adopted under Section 39.023. The Commissioner shall also obtain objective measures of workplace readiness and college readiness of Texas high school graduates. The Commissioner shall annually report the results of these comparisons and highlight any subjects, curriculum objectives, or grade levels where the Texas assessment program shows greater progress than is substantiated through the comparisons.

SECTION 6. Except for Section 2 of this Act, this Act shall be phased in by subject and grade level according to the schedule adopted by the State Board of Education for review and revision of the essential knowledge and skills, beginning with the first subjects and grade levels scheduled to be reviewed after the effective date of this Act. Section 2 of this Act takes effect for the 2007-2008 school year.

SECTION 7. This Act takes effect on September 1, 2007.