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A BILL TO BE ENTITLED
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AN ACT
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relating to state administration of assessment instruments to |
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public school students. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 28.025(c) and (e), Education Code, are |
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amended to read as follows: |
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(c) A person may receive a diploma if the person is eligible |
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for a diploma under Section 28.0251. In other cases, a student may |
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graduate and receive a diploma only if: |
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(1) the student successfully completes the curriculum |
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requirements identified by the State Board of Education under |
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Subsection (a) [and complies with Section 39.025]; or |
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(2) the student successfully completes an |
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individualized education program developed under Section 29.005. |
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(e) Each school district shall report the academic |
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achievement record of students who have completed a minimum, |
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recommended, or advanced high school program on transcript forms |
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adopted by the State Board of Education. The transcript forms |
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adopted by the board must be designed to clearly differentiate |
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between each of the high school programs [and identify whether a
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student received a diploma or a certificate of coursework
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completion]. |
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SECTION 2. Section 39.022, Education Code, is amended to |
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read as follows: |
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Sec. 39.022. ASSESSMENT PROGRAM. The State Board of |
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Education [by rule] shall administer [create and implement] a |
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statewide assessment program that is knowledge- and skills-based to |
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ensure school accountability for student achievement that achieves |
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the goals provided under Section 4.002. The board may adopt rules to |
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the extent necessary for the administration of the assessment |
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program in accordance with this subchapter. [After adopting rules
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under this section, the State Board of Education shall consider the
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importance of maintaining stability in the statewide assessment
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program when adopting any subsequent modification of the rules.] |
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SECTION 3. The heading to Section 39.023, Education Code, |
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is amended to read as follows: |
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Sec. 39.023. [ADOPTION AND] ADMINISTRATION OF INSTRUMENTS. |
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SECTION 4. Sections 39.023(a), (h), and (i), Education |
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Code, are amended to 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 in accordance |
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with commissioner rule [under Section 39.027], shall be assessed, |
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using an appropriate, nationally recognized, norm-referenced |
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assessment instrument, 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) college readiness, in grade 11, using a college |
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admissions examination; and |
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(7) any other subject and grade required by federal |
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law. |
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(h) The agency shall notify students or parents and |
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guardians, as appropriate, school districts, and campuses of the |
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results of assessment instruments administered under this section |
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at the earliest possible date determined by the State Board of |
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Education but not later than the beginning of the subsequent school |
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year. |
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(i) [The provisions of this section, except Subsection (d),
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are subject to modification by rules adopted under Section 39.022.] |
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Each assessment instrument administered under this section |
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[adopted under those rules and each assessment instrument required
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under Subsection (d)] must be reliable and valid and must meet any |
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applicable federal requirements for measurement of student |
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progress. |
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SECTION 5. Section 39.031, Education Code, is amended to |
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read as follows: |
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Sec. 39.031. COST. The cost of [preparing,] |
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administering[, or grading] the assessment instruments under |
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Section 39.023(a) [and releasing the question and answer keys under
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Section 39.023(e)] shall be paid from amounts appropriated to the |
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agency. |
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SECTION 6. The following provisions of the Education Code |
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are repealed: |
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(1) Section 28.0211; |
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(2) Section 28.025(d); |
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(3) Sections 39.023(a-1), (b), (c), (c-1), (c-2), |
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(c-3), (c-4), (c-5), (c-6), (d), (e), (f), (g), (l), (m), (n), (o), |
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and (p); |
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(4) Section 39.0231; |
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(5) Section 39.0232; |
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(6) Section 39.0233; |
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(7) Section 39.0234; |
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(8) Section 39.024; |
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(9) Sections 39.0241(a-1), (a-2), and (c); |
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(10) Section 39.0242; |
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(11) Section 39.025; |
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(12) Section 39.026; |
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(13) Section 39.0261; |
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(14) Section 39.027; |
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(15) Section 39.028; |
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(16) Section 39.030(a); |
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(17) Section 39.033; |
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(18) Section 39.034; |
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(19) Section 39.035; |
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(20) Section 39.036; and |
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(21) Section 39.037. |
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SECTION 7. As of the effective date of this Act, the Texas |
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Education Agency may not perform research or development concerning |
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assessment instruments under Subchapter B, Chapter 39, Education |
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Code, as that subchapter existed before amendment by this Act. |
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SECTION 8. Not later than October 1, 2012, the Texas |
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Education Agency shall apply to the United States Department of |
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Education for any waiver necessary to implement, in compliance with |
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federal law and regulations, Subchapter B, Chapter 39, Education |
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Code, as amended by this Act. |
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SECTION 9. This Act applies beginning with the 2011-2012 |
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school year. |
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SECTION 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2011. |