By: Patrick, Seliger  S.B. No. 135
         (In the Senate - Filed November 28, 2012; January 29, 2013,
  read first time and referred to Committee on Education;
  February 4, 2013, reported favorably by the following vote:  
  Yeas 7, Nays 0; February 4, 2013, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the use of a public school student's performance on an
  end-of-course assessment instrument in determining the student's
  final grade for the course.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsections (c) and (f), Section 28.014,
  Education Code, are amended to read as follows:
         (c)  The agency, in consultation with the Texas Higher
  Education Coordinating Board, shall adopt an end-of-course
  assessment instrument for each course developed under this section
  to ensure the rigor of the course.  A school district shall, in
  accordance with State Board of Education rules, administer the
  end-of-course assessment instrument to a student enrolled in a
  course developed under this section.  A [Each school] district may 
  [shall] adopt a policy that requires a student's performance on the
  end-of-course assessment instrument to account for not more than 15
  percent of the student's final grade for the course.  A student's
  performance on an end-of-course assessment instrument administered
  under this subsection may be used, on a scale of 0-40, in
  calculating whether the student satisfies the graduation
  requirements established under Section 39.025.
         (f)  To the extent applicable, the commissioner shall draw
  from curricula and instructional materials developed under Section 
  [Sections] 28.008 [and 61.0763] in developing a course and related
  instructional materials under this section.  Not later than
  September 1, 2010, the State Board of Education shall adopt
  essential knowledge and skills for each course developed under this
  section.  The State Board of Education shall make each course
  developed under this section and the related instructional
  materials available to school districts not later than the
  2014-2015 school year.  [As required by Subsection (c), a school
  district shall adopt a policy requiring a student's performance on
  an end-of-course assessment instrument administered under that
  subsection to account for 15 percent of the student's grade for a
  course developed under this section not later than the 2014-2015
  school year.]  This subsection expires September 1, 2015.
         SECTION 2.  Subsection (c), Section 39.023, Education Code,
  is amended to read as follows:
         (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 may [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 not more than 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).
         SECTION 3.  This Act applies beginning with the 2013-2014
  school year.
         SECTION 4.  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, 2013.
 
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