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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of end-of-course assessment |
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instruments in public schools at certain grade levels. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 18.006(b), Education Code, is amended to |
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read as follows: |
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(b) In addition to other factors determined to be |
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appropriate by the commissioner, the accountability system must |
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include consideration of: |
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(1) student performance on the end-of-course |
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[secondary exit-level] assessment instruments required by Section |
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39.023(c); and |
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(2) dropout rates, including dropout rates and diploma |
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program completion rates for the grade levels served by the diploma |
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program. |
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SECTION 2. Section 25.005(b), Education Code, is amended to |
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read as follows: |
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(b) A reciprocity agreement must: |
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(1) address procedures for: |
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(A) transferring student records; |
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(B) awarding credit for completed course work; |
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and |
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(C) permitting a student to satisfy the |
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requirements of Section 39.025 through successful performance on |
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comparable end-of-course or other exit-level assessment |
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instruments administered in another state; and |
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(2) include appropriate criteria developed by the |
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agency. |
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SECTION 3. Section 29.081(b), Education Code, is amended to |
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read as follows: |
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(b) Each district shall provide accelerated instruction to |
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a student enrolled in the district who has taken an end-of-course |
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[the secondary exit-level] assessment instrument administered |
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under Section 39.023(c) and has not performed satisfactorily on the |
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assessment instrument [each section] or who is at risk of dropping |
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out of school. |
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SECTION 4. Section 29.087(f), Education Code, as amended by |
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Chapters 283 and 373, Acts of the 78th Legislature, Regular |
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Session, 2003, is reenacted and amended to read as follows: |
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(f) A student participating in a program authorized by this |
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section, other than a student ordered to participate under |
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Subsection (d)(1), must have taken the appropriate end-of-course |
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assessment instruments under [specified by] Section 39.023(c) for |
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courses in which the student has enrolled [39.023(a) for grade 9] |
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before entering the program and must take each appropriate |
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end-of-course [grade level] assessment instrument administered for |
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courses in which the student is enrolled during the period in which |
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the student is enrolled in the program. Except for a student ordered |
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to participate under Subsection (d)(1), a student participating in |
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the program may not take the high school equivalency examination |
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unless the student has taken the assessment instruments required by |
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this subsection. |
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SECTION 5. Section 30.021(e), Education Code, is amended to |
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read as follows: |
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(e) The school shall cooperate with public and private |
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agencies and organizations serving students and other persons with |
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visual impairments in the planning, development, and |
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implementation of effective educational and rehabilitative service |
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delivery systems associated with educating students with visual |
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impairments. To maximize and make efficient use of state |
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facilities, funding, and resources, the services provided in this |
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area may include conducting a cooperative program with other |
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agencies to serve students who have graduated from high school by |
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completing all academic requirements applicable to students in |
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regular education, excluding satisfactory performance under |
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Section 39.025 [on the exit-level assessment instrument], who are |
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younger than 22 years of age on September 1 of the school year and |
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who have identified needs related to vocational training, |
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independent living skills, orientation and mobility, social and |
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leisure skills, compensatory skills, or remedial academic skills. |
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SECTION 6. Section 39.023, Education Code, is amended by |
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amending Subsections (a) and (c) and adding Subsection (c-1) to |
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read as follows: |
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(a) The agency shall adopt or develop appropriate |
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criterion-referenced assessment instruments designed to assess |
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essential knowledge and skills in reading, writing, mathematics, |
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social studies, and science. All students, except students |
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assessed under Subsection (b) or (l) or exempted under Section |
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39.027, shall be assessed in: |
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(1) mathematics, annually in grades three through |
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eight [seven] without the aid of technology [and in grades eight
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through 11 with the aid of technology on any assessment instruments
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that include algebra]; |
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(2) reading, annually in grades three through eight |
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[nine]; |
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(3) writing, including spelling and grammar, in grades |
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four and seven; |
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(4) [English language arts, in grade 10;
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[(5)] social studies, in grade [grades] eight [and
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10]; |
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(5) [(6)] science, in grades five and [,] eight[, and
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10]; and |
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(6) [(7)] any other subject and grade required by |
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federal law. |
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(c) The agency shall also adopt end-of-course [secondary
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exit-level] assessment instruments for each course offered at or |
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above the grade nine level that is a part of the foundation |
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curriculum under Section 28.002(a)(1). A school district shall |
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comply with State Board of Education rules regarding administration |
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of the assessment instruments to students enrolled in the courses |
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for which the assessment instruments were adopted and shall adopt a |
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policy that requires a student's performance on an assessment |
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instrument for a course to account for at least 20 percent and not |
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more than 40 percent of the student's final grade for the course |
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[designed to be administered to students in grade 11 to assess
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essential knowledge and skills in mathematics, English language
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arts, social studies, and science. The mathematics section must
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include at least Algebra I and geometry with the aid of technology.
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The English language arts section must include at least English III
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and must include the assessment of essential knowledge and skills
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in writing. The social studies section must include early American
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and United States history. The science section must include at
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least biology and integrated chemistry and physics. The assessment
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instruments must be designed to assess a student's mastery of
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minimum skills necessary for high school graduation and readiness
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to enroll in an institution of higher education]. If a student is |
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in a special education program under Subchapter A, Chapter 29, the |
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student's admission, review, and dismissal committee shall |
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determine whether any allowable modification is necessary in |
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administering to the student an assessment instrument required |
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under this subsection or whether the student should be exempted |
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under Section 39.027(a)(2). The State Board of Education shall |
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administer the assessment instruments. The State Board of |
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Education shall adopt a schedule for the administration of |
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end-of-course [secondary exit-level] assessment instruments. Each |
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student who did not perform satisfactorily on any end-of-course |
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[secondary exit-level] assessment instrument when initially tested |
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shall be given multiple opportunities to retake that assessment |
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instrument. [A student who performs at or above a level established
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by the Texas Higher Education Coordinating Board on the secondary
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exit-level assessment instruments is exempt from the requirements
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of Section 51.306.] |
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(c-1) Notwithstanding Subsection (a), a student in grade |
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eight who is enrolled in a secondary-level course for which an |
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end-of-course assessment instrument has been adopted under |
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Subsection (c) shall be administered the end-of-course assessment |
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instrument for that course instead of the assessment instrument for |
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the related subject area under Subsection (a). |
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SECTION 7. Section 39.025, Education Code, is amended to |
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read as follows: |
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Sec. 39.025. SECONDARY-LEVEL [EXIT-LEVEL] PERFORMANCE |
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REQUIRED. (a) The commissioner shall adopt rules requiring a |
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student to receive, in each subject in the foundation curriculum |
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under Section 28.002(a)(1), an average score of at least 70 on a |
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scale of 100 on the end-of-course assessment instruments |
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administered to the student under Section 39.023(c) in grades 9, |
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10, and 11. For purposes of this subsection, a student's average |
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score for each subject in the foundation curriculum is determined |
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by averaging the student's highest score on each end-of-course |
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assessment instrument administered to the student for a course |
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considered a part of that subject, as determined by commissioner |
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rule. A student may not receive a high school diploma until the |
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student has performed satisfactorily on the end-of-course |
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[secondary exit-level] assessment instruments in the manner |
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provided under this subsection [for English language arts,
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mathematics, social studies, and science administered under
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Section 39.023(c)]. This subsection does not require a student to |
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demonstrate readiness to enroll in an institution of higher |
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education. |
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(b) Each time an end-of-course [a secondary exit-level] |
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assessment instrument is administered, a student who has not been |
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given a high school diploma because of a failure to perform |
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satisfactorily on the assessment instrument [for that subject area] |
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may retake the assessment instrument. |
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(c) A student who has been denied a high school diploma |
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under this section [Subsections (a) and (b)] and who subsequently |
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performs at the level necessary to comply with the requirements of |
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this section [satisfactorily on each secondary exit-level
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assessment instrument] shall be issued a high school diploma. |
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(d) Notwithstanding Subsection (a), the commissioner by |
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rule shall adopt one or more alternative nationally recognized norm |
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referenced assessment instruments under this section to administer |
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to a student to qualify for a high school diploma if the student |
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enrolls after January 1 of the school year in which the student is |
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otherwise eligible to graduate: |
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(1) for the first time in a public school in this |
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state; or |
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(2) after an absence of at least four years from any |
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public school in this state. |
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(e) The commissioner shall establish a required performance |
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level for an assessment instrument adopted under Subsection (d) |
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that is at least as rigorous as the performance level required to be |
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met under Subsection (a) [for the secondary exit-level assessment
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instrument for the same subject]. |
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(f) The commissioner shall by rule adopt a transition plan |
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to implement the amendments made by __.B. No. __, Acts of the 80th |
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Legislature, Regular Session, 2007, to this section and Sections |
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39.023 and 39.051. The rules must provide for the end-of-course |
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assessment instruments adopted under Section 39.023(c) to be |
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administered beginning with students entering the ninth grade |
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during the 2008-2009 school year. During the period under which the |
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transition to end-of-course assessment instruments is made: |
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(1) for students entering a grade above the ninth |
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grade during the 2008-2009 school year, the commissioner shall |
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retain, administer, and use for campus and district ratings under |
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Subchapter D the assessment instruments required by Section |
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39.023(a) or (c), as that section existed before amendment by __.B. |
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No. __, Acts of the 80th Legislature, Regular Session, 2007; |
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(2) as required by Section 39.023(c-1), a student |
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enrolled at grade level eight during the 2008-2009 school year who |
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enrolls in a secondary-level course for which an end-of-course |
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assessment instrument has been adopted under Section 39.023(c) must |
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be administered the end-of-course assessment instrument for that |
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course instead of the assessment instrument for the related subject |
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area under Section 39.023(a); and |
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(3) the agency may defer releasing assessment |
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instrument questions and answer keys as required by Section |
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39.023(e) to the extent necessary to develop additional assessment |
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instruments. |
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(g) Rules adopted under Subsection (f) must require that |
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each student who will be subject to the requirements of Subsection |
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(a) is entitled to notice of the specific requirements applicable |
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to the student. Notice under this subsection must be provided not |
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later than the date the student enters: |
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(1) the ninth grade; or |
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(2) in the case of an eighth grade student required to |
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be administered an end-of-course assessment instrument under |
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Section 39.023(c-1), the eighth grade. |
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(h) Subsections (f), (g), and this subsection expire |
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September 1, 2012. |
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SECTION 8. Section 39.034(d), Education Code, is amended to |
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read as follows: |
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(d) The agency shall determine the necessary annual |
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improvement required each year for a student to be prepared to |
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perform satisfactorily on [pass] the end-of-course assessment |
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instruments [exit-level assessment instrument] required under this |
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subchapter for graduation. The agency shall report the necessary |
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annual improvement required to the district. Each year, the report |
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must state whether the student fell below, met, or exceeded the |
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necessary target for improvement. |
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SECTION 9. Section 39.051(b), Education Code, is amended to |
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read as follows: |
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(b) Performance on the indicators adopted under this |
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section shall be compared to state-established standards. The |
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degree of change from one school year to the next in performance on |
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each indicator adopted under this section shall also be considered. |
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The indicators must be based on information that is disaggregated |
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by race, ethnicity, gender, and socioeconomic status and must |
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include: |
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(1) the results of assessment instruments required |
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under Sections 39.023(a), (c), (c-1), and (l), aggregated by grade |
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level and subject area; |
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(2) dropout rates, including dropout rates and |
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district completion rates for grade levels 9 through 12, computed |
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in accordance with standards and definitions adopted by the |
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National Center for Education Statistics of the United States |
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Department of Education; |
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(3) high school graduation rates, computed in |
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accordance with standards and definitions adopted in compliance |
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with the No Child Left Behind Act of 2001 (Pub. L. No. 107-110); |
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(4) student attendance rates; |
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(5) the percentage of graduating students who attain |
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scores on the end-of-course [secondary exit-level] assessment |
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instruments required under Subchapter B that are equivalent to a |
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passing score on the assessment instrument required under Section |
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51.3062; |
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(6) the percentage of graduating students who meet the |
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course requirements established for the recommended high school |
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program by State Board of Education rule; |
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(7) the results of the Scholastic Assessment Test |
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(SAT), the American College Test (ACT), articulated postsecondary |
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degree programs described by Section 61.852, and certified |
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workforce training programs described by Chapter 311, Labor Code; |
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(8) the percentage of students, aggregated by grade |
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level, provided accelerated instruction under Section 28.0211(c), |
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the results of assessments administered under that section, the |
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percentage of students promoted through the grade placement |
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committee process under Section 28.0211, the subject of the |
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assessment instrument on which each student failed to perform |
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satisfactorily, and the performance of those students in the school |
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year following that promotion on the assessment instruments |
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required under Section 39.023; |
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(9) for students who have failed to perform |
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satisfactorily on an assessment instrument required under Section |
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39.023(a) or (c), the numerical progress of those students grouped |
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by percentage on subsequent assessment instruments required under |
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those sections, aggregated by grade level and subject area; |
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(10) the percentage of students exempted, by exemption |
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category, from the assessment program generally applicable under |
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this chapter; |
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(11) the percentage of students of limited English |
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proficiency exempted from the administration of an assessment |
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instrument under Sections 39.027(a)(3) and (4); |
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(12) the percentage of students in a special education |
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program under Subchapter A, Chapter 29, assessed through assessment |
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instruments developed or adopted under Section 39.023(b); |
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(13) the measure of progress toward preparation for |
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postsecondary success; and |
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(14) the measure of progress toward dual language |
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proficiency under Section 39.034(b), for students of limited |
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English proficiency, as defined by Section 29.052. |
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SECTION 10. Section 51.3062(q), Education Code, is amended |
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to read as follows: |
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(q) A student who has achieved scores [a score] set by the |
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board on end-of-course assessment instruments [an exit-level
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assessment instrument] required under Section 39.023 is exempt from |
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the requirements of this section. The exemption is effective for |
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the three-year period following the date a student takes the last |
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assessment instrument required for purposes of this section and |
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achieves the standard set by the board. This subsection does not |
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apply during any period for which the board designates the |
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end-of-course assessment instruments [exit-level assessment
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instrument] required under Section 39.023 as the primary assessment |
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instrument under this section, except that the three-year period |
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described by this subsection remains in effect for students who |
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qualify for an exemption under this subsection [section] before |
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that period. |
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SECTION 11. Section 39.023(j), Education Code, is repealed. |
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SECTION 12. A reference in the Education Code to an |
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end-of-course assessment instrument administered under Section |
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39.023(c), Education Code, includes an exit-level assessment |
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instrument administered under that section as provided by Section |
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39.025(f), Education Code, as added by this Act. |
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SECTION 13. This Act takes effect September 1, 2007. |