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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 to public school students enrolled below the high |
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school level. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 28.021(c), Education Code, is amended to |
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read as follows: |
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(c) In determining promotion under Subsection (a), a school |
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district shall consider: |
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(1) the recommendation of the student's teacher; |
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(2) the student's grade in each subject or course; |
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(3) the student's score on an assessment instrument |
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administered under Section 39.023(a), (b), or (l), to the extent |
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applicable; and |
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(4) any other necessary academic information, as |
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determined by the district. |
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SECTION 2. Section 28.0211, Education Code, is amended by |
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adding Subsections (o) and (p) to read as follows: |
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(o) This section does not require the administration of a |
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fifth or eighth grade assessment instrument in a subject under |
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Section 39.023(a) to a student enrolled in the fifth or eighth |
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grade, as applicable, if the student: |
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(1) is enrolled in a course in the subject for which |
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the student will receive high school academic credit; and |
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(2) will be administered an end-of-course assessment |
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instrument adopted under Section 39.023(c) for the course. |
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(p) Notwithstanding any other provision of this section, a |
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student described by Subsection (o) may not be denied promotion on |
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the basis of failure to perform satisfactorily on an assessment |
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instrument not required to be administered to the student in |
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accordance with that subsection. |
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SECTION 3. Section 39.023, Education Code, is amended by |
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amending Subsection (a) and adding Subsection (a-2) to read as |
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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. Except as provided by Subsection |
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(a-2), all [All] students, other than [except] students assessed |
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under Subsection (b) or (l) or exempted under Section 39.027, shall |
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be assessed in: |
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(1) mathematics, annually in grades three through |
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seven without the aid of technology and in grade eight with the aid |
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of technology on any assessment instrument that includes algebra; |
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(2) reading, annually in grades three through eight; |
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(3) writing, including spelling and grammar, in grades |
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four and seven; |
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(4) social studies, in grade eight; |
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(5) science, in grades five and eight; and |
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(6) any other subject and grade required by federal |
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law. |
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(a-2) A student is not required to be assessed in a subject |
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otherwise assessed at the student's grade level under Subsection |
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(a) if the student: |
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(1) is enrolled in a course in the subject for which |
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the student will receive high school academic credit; and |
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(2) will be administered an end-of-course assessment |
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instrument adopted under Subsection (c) for the course. |
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SECTION 4. Section 39.025, Education Code, is amended by |
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adding Subsection (e-1) to read as follows: |
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(e-1) Nothing in this section has the effect of prohibiting |
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the administration of an end-of-course assessment instrument |
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listed in Section 39.023(c) to a student enrolled below the high |
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school level who is enrolled in the course for which the assessment |
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instrument is adopted. The commissioner shall adopt rules |
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necessary to ensure that the student's performance on the |
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assessment instrument is considered in the same manner for purposes |
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of this section as the performance of a student enrolled at the high |
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school level. |
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SECTION 5. Section 39.053, Education Code, is amended by |
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adding Subsection (d-1) to read as follows: |
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(d-1) In aggregating results of assessment instruments |
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across grade levels by subject in accordance with Subsection |
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(c)(1), the performance of a student enrolled below the high school |
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level on an assessment instrument required under Section 39.023(c) |
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is included with results relating to other students enrolled at the |
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same grade level. |
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SECTION 6. Section 39.203, Education Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) In addition to the distinction designations otherwise |
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described by this section, the commissioner may award a distinction |
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designation to a campus with a significant number of students below |
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grade nine who perform satisfactorily on an end-of-course |
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assessment instrument administered under Section 39.023(c). |
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SECTION 7. This Act applies beginning with the 2011-2012 |
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school year. |
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SECTION 8. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |