H.R. No. 2868
 
 
 
R E S O L U T I O N
         BE IT RESOLVED by the House of Representatives of the State of
  Texas, 80th Legislature, Regular Session, 2007, That House Rule 13,
  Section 9(a), be suspended in part as provided by House Rule 13,
  Section 9(f), to enable the conference committee appointed to
  resolve the differences on Senate Bill 1031 (public school
  accountability and the administration of certain assessment
  instruments in public schools; providing a criminal penalty) to
  consider and take action on the following matters:
         (1)  House Rule 13, Section 9(a)(3), is suspended to permit
  the committee to change the text of amended Section 39.023(c),
  Education Code, to add the following language:
         If a student retakes an end-of-course assessment instrument
  for a course listed in this subsection, as provided by Section
  39.025, a school district is not required to use the student's
  performance on the subsequent administration or administrations of
  the assessment instrument to determine the student's final grade
  for the course.
         Explanation: The change is necessary to clarify that a
  school district is not required to use a student's performance on
  the subsequent administration or administrations of end-of-course
  assessment instruments to determine a student's final grade for a
  course.
         (2)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee to add new Subsections (b-1) and (b-2) to amended
  Section 39.025, Education Code, to read as follows:
         (b-1)  A school district shall provide each student who fails
  to achieve a score of at least 70 on an end-of-course assessment
  instrument with accelerated instruction in the subject assessed by
  the assessment instrument.
         (b-2)  If a school district determines that a student, on
  completion of grade 11, is unlikely to achieve the cumulative score
  requirements for one or more subjects prescribed by Subsection (a)
  for receiving a high school diploma, the district shall require the
  student to enroll in a corresponding content-area college
  preparatory course for which an end-of-course assessment
  instrument has been adopted, if available. A student who enrolls in
  a college preparatory course described by this subsection shall be
  administered an end-of-course assessment instrument for the
  course, with the end-of-course assessment instrument scored on a
  scale of 40. A student may use the student's score on the
  end-of-course assessment instrument for the college preparatory
  course towards satisfying the cumulative score requirements
  prescribed by Subsection (a).
         Explanation: The change is necessary to require a school
  district to provide accelerated instruction to a student who fails
  to score at least 70 on an end-of-course assessment instrument and
  to require certain students who appear unlikely to achieve the
  cumulative score required for graduation to enroll in an
  appropriate college preparatory course.
         (3)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee to add the following language in the SECTION of the
  bill that is renumbered in the conference committee report as
  SECTION 11 to read as follows:
         Sec. 39.0262.  ADMINISTRATION OF LOCAL ASSESSMENT
  INSTRUMENTS IN CERTAIN SUBJECT AREAS. (a) In a subject area for
  which assessment instruments are administered under Section
  39.023, a school district may not administer local assessment
  instruments to any student on more than 10 percent of the
  instructional days in any school year.
         (b)  The prohibition prescribed by this section does not
  apply to the administration of a college preparation assessment
  instrument, an advanced placement test, an international
  baccalaureate examination, or an assessment instrument
  administered under Section 39.023.
         Explanation: The change is necessary to prohibit a school
  district from administering certain assessment instruments to a
  student on more than 10 percent of the instructional days in a
  school year.
 
  Eissler
 
  ______________________________
  Speaker of the House     
 
         I certify that H.R. No. 2868 was adopted by the House on May
  26, 2007, by a non-record vote.
 
  ______________________________
  Chief Clerk of the House