82R10371 EAH-D

By: West S.B. No. 1486

A BILL TO BE ENTITLED

AN ACT

relating to requirements regarding public school accountability.

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

SECTION 1. Chapter 39, Education Code, is amended by adding Subchapter A to read as follows:

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 39.001. NOTICE AND REPORTS TO PARENTS PROVIDED ELECTRONICALLY. (a) A school district or open-enrollment charter school may provide any notice or report to a parent of a student required under this chapter by e-mail if the parent provides an e-mail address and requests information to be delivered electronically.

(b) The district or charter school may provide a form to a parent when the student is registered that allows the parent to provide an e-mail address and signify that the parent chooses to receive notices electronically.

SECTION 2. Section 39.023, Education Code, is amended by amending Subsections (a), (c), and (c-3) and adding Subsections (a-2), (c-7), and (c-8) to read as follows:

(a) The agency shall adopt or develop appropriate criterion-referenced assessment instruments designed to assess essential knowledge and skills in reading, writing, mathematics, social studies, and science. Except as provided by Subsection (a-2), all [All] students, other than [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 grade eight with the aid of technology on any assessment instrument that includes algebra;

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

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

(4) social studies, in grade eight;

(5) science, in grades five and eight; and

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

(a-2) A student in grade eight who is enrolled in a secondary-level course and administered the end-of-course assessment instrument for that course as required by Subsection (c) is not required to be assessed in the same content area as required by Subsection (a). This subsection is subject to approval by the secretary of the United States Department of Education for compliance with the requirements of the No Child Left Behind Act of 2001 (20 U.S.C. Section 6301 et seq.).

(c) The agency shall also adopt end-of-course assessment instruments for secondary-level courses in Algebra I, Algebra II, geometry, biology, chemistry, physics, English I, English II, English III, world geography, world history, and United States history. The Algebra I, Algebra II, and geometry end-of-course assessment instruments must be administered with the aid of technology. A school district shall comply with State Board of Education rules regarding administration of the assessment instruments listed in this subsection [and shall adopt a policy that requires a student's performance on an end-of-course assessment instrument for a course listed in this subsection in which the student is enrolled to account for 15 percent of the student's final grade for the course. 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]. 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. The State Board of Education shall administer the assessment instruments. The State Board of Education shall adopt a schedule for the administration of end-of-course assessment instruments that complies with the requirements of Subsection (c-3).

(c-3) In adopting a schedule for the administration of assessment instruments under this section, the State Board of Education shall:

(1) require:

(A) [(1)] assessment instruments administered under Subsection (a) to be administered on a schedule so that the first assessment instrument is administered at least two weeks later than the date on which the first assessment instrument was administered under Subsection (a) during the 2006-2007 school year; and

(B) [(2)] the spring administration of end-of-course assessment instruments under Subsection (c) to occur in each school district not earlier than the first full week in May, except that the spring administration of the end-of-course assessment instruments in English I, English II, and English III must be permitted to occur at an earlier date; and

(2) coordinate with the College Board to ensure that end-of-course assessment instruments under Subsection (c) are not administered on the same date as any advanced placement test administered by the College Board.

(c-7) The agency shall conduct a study to evaluate the methods of and determine the costs associated with administering end-of-course assessment instruments to students who complete courses on a schedule different from the regular school year, including self-paced courses, courses for credit recovery, or compressed virtual courses. The agency must include in the study an evaluation of the administration of end-of-course assessment instruments through the use of computer technology and an Internet website. Not later than January 1, 2013, the agency shall submit to the governor, the lieutenant governor, the speaker of the house of representatives, and the presiding officer of each legislative standing committee with primary jurisdiction over primary and secondary education a written report that contains recommendations on methods of administering end-of-course assessment instruments to students who complete courses on a nontraditional schedule and the costs associated with those methods. This subsection expires September 1, 2013.

(c-8) The agency shall conduct a study to evaluate the impact on student performance and determine the cost savings associated with reducing the number of end-of-course assessment instruments required for graduation to one in each of the four content areas of English, mathematics, science, and social studies. Not later than January 1, 2013, the agency shall submit to the governor, the lieutenant governor, the speaker of the house of representatives, and the presiding officer of each legislative standing committee with primary jurisdiction over primary and secondary education a written report that contains recommendations on reducing the number of end-of-course assessment instruments required for graduation and the impact on student performance and the cost savings associated with the reduction. This subsection expires September 1, 2013.

SECTION 3. Section 39.0234(a), Education Code, is amended to read as follows:

(a) The agency shall ensure that assessment instruments required under Section 39.023 are capable of being administered by computer. The commissioner may not require a school district or open-enrollment charter school to administer an assessment instrument, including an assessment instrument administered under Section 39.023(l), by computer.

SECTION 4. Section 39.025, Education Code, is amended by amending Subsection (a) and adding Subsection (a-4) to read as follows:

(a) The commissioner shall adopt rules requiring a student participating in the recommended or advanced high school program to be administered each end-of-course assessment instrument listed in Section 39.023(c) and requiring a student participating in the minimum high school program to be administered an end-of-course assessment instrument listed in Section 39.023(c) [only] for each [a] course as determined by commissioner rule [in which the student is enrolled and for which an end-of-course assessment instrument is administered]. A student is required to achieve, in each subject in the foundation curriculum under Section 28.002(a)(1), a cumulative score that is at least equal to the product of the number of end-of-course assessment instruments administered to the student in that subject and a scale score that indicates satisfactory performance, as determined by the commissioner under Section 39.0241(a). A student must achieve a minimum score as determined by the commissioner to be within a reasonable range of the scale score under Section 39.0241(a) on an end-of-course assessment instrument for the score to count towards the student's cumulative score. For purposes of this subsection, a student's cumulative score is determined using the student's highest score on each end-of-course assessment instrument administered to the student. A student may not receive a high school diploma until the student has performed satisfactorily on the end-of-course assessment instruments in the manner provided under this subsection. This subsection does not require a student to demonstrate readiness to enroll in an institution of higher education.

(a-4) The commissioner shall adopt rules to establish uniform requirements for students participating in the minimum high school program to be administered appropriate end-of-course assessment instruments listed in Section 39.023(c). The rules must provide for the uniform requirements for administration of end-of-course assessment instruments adopted under this subsection to apply to students participating in the minimum high school program and entering the ninth grade beginning with the 2012-2013 school year.

SECTION 5. Subchapter C, Chapter 39, Education Code, is amended by adding Section 39.0541 to read as follows:

Sec. 39.0541. PRELIMINARY NOTICE OF PERFORMANCE RATING. The commissioner shall adopt rules to provide for sending, as soon as practicable, a preliminary notice to:

(1) each school district regarding the district's accreditation status under Section 39.052 and performance rating under Section 39.054; and

(2) each campus regarding the campus's performance rating under Section 39.054.

SECTION 6. Section 39.109, Education Code, is amended to read as follows:

Sec. 39.109. ACQUISITION OF PROFESSIONAL SERVICES. (a) If a district or campus is required under this chapter to acquire professional services, including a monitor, conservator, management team, campus intervention team, technical assistance team, or other professional services described by Subsection (b), the commissioner or the district, as appropriate, shall make a reasonable effort to acquire those services from available, qualified professionals employed by the district.

(b) In addition to other interventions and sanctions authorized under this subchapter, the commissioner may order a school district or campus to acquire professional services at the expense of the district or campus to address the applicable financial, assessment, data quality, program, performance, or governance deficiency. The commissioner's order may require the district or campus to:

(1) select or be assigned an external auditor, data quality expert, professional authorized to monitor district assessment instrument administration, or curriculum or program expert; or

(2) provide for or participate in the appropriate training of district staff or board of trustees members in the case of a district, or campus staff, in the case of a campus.

SECTION 7. Not later than January 1, 2012, the commissioner shall adopt rules to establish uniform requirements for students participating in the minimum high school program to be administered appropriate end-of-course assessment instruments as provided by Section 39.025(a-4), as added by this Act.

SECTION 8. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.