By: Van de Putte S.B. No. 240

A BILL TO BE ENTITLED

AN ACT

relating to public school accountability and end-of-course assessment instruments.

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

SECTION 1. Sections 28.014(c) and (f), 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. [Each school district shall adopt a policy that requires a student's performance on the end-of-course assessment instrument to account for 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 determining [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. Section 28.025(b-2), (b-3), (b-4) and (b-5), Education Code, are amended to read as follows:

(b-1) The State Board of Education by rule shall require that:

(1) except as provided by Subsection (b-2), the curriculum requirements for the recommended and advanced high school programs under Subsection (a) include a requirement that students successfully complete:

(A) four credits in each subject of the foundation curriculum under Section 28.002(a)(1), including at least one-half credit in government and at least one-half credit in economics to meet the social studies requirement;

(B) for the recommended high school program, two credits in the same language in a language other than English under Section 28.002(a)(2)(A) and, for the advanced high school program, three credits in the same language in a language other than English under Section 28.002(a)(2)(A); and

(C) for the recommended high school program, six elective credits and, for the advanced high school program, five elective credits;

(2) one or more credits offered in the required curriculum for the recommended and advanced high school programs include a research writing component; and

(3) the curriculum requirements for the minimum, recommended, and advanced high school programs under Subsection (a) include a requirement that students successfully complete:

(A) one credit in fine arts under Section 28.002(a)(2)(D); and

(B) except as provided by Subsection (b-11), one credit in physical education under Section 28.002(a)(2)(C).

(b-2) In adopting rules under Subsection (b-1), the State Board of Education shall allow a student to comply with the curriculum requirements for a mathematics course under Subsection (b-1)(1) taken after the successful completion of Algebra I. [and geometry and either after the successful completion of or concurrently with Algebra II or a science course under Subsection (b-1)(1) taken after the successful completion of biology and chemistry and either after the successful completion of or concurrently with physics by successfully completing an advanced career and technical course designated by the State Board of Education as containing substantively similar and rigorous academic content. A student may use the option provided by this subsection for not more than two courses.]

(b-3) In adopting rules to provide students with the option described by Subsection (b-1)(1)(A), the State Board of Education must approve a variety of mathematics and science courses that may be taken after the completion of Algebra I [II and physics] to comply with the recommended program requirements.

(b-4) A school district may offer the curriculum described in Subsection (b-1)(1)(A) in an applied manner. Courses delivered in an applied manner must cover the essential knowledge and skills, and the student shall be administered the applicable end-of-course assessment instrument as provided by Sections 39.023(c) and 39.025.

[(b-5) A school district may offer a mathematics or science course to be taken by a student after completion of Algebra II and physics to comply with the recommended program requirements in Subsection (b-1)(1)(A). A course approved under this subsection must be endorsed by an institution of higher education as a course for which the institution would award course credit or as a prerequisite for a course for which the institution would award course credit.]

SECTION 3. Sections 39.023(c), (c-3), and (o), Education Code, are amended to read as follows:

(c) The agency shall also adopt end-of-course assessment instruments for secondary-level courses in Algebra I[,] and [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 instrument [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 require:

(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

(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 instrument [instruments] in [English I, English II, and] English III must be permitted to occur at an earlier date.

(o) In accordance with rules adopted by the [The] commissioner, a student may [of education and the commissioner of higher education shall study the feasibility of allowing students to] satisfy end-of-course requirements under Subsection (c) partially or completely by successfully completing one or more [a] dual credit courses [course] through an institution of higher education. [Not later than December 1, 2010, the commissioner of education and the commissioner of higher education shall make recommendations to the legislature based on the study conducted under this subsection.]

SECTION 4. Section 39.0232, Education Code, is amended to read as follows:

Sec. 39.0232. USE OF END-OF-COURSE ASSESSMENT INSTRUMENT AS PLACEMENT INSTRUMENT; CERTAIN USES PROHIBITED. (a) To the extent practicable, the agency shall ensure that any high school end-of-course assessment instrument developed by the agency is developed in such a manner that the assessment instrument may be used to determine the appropriate placement of a student in a course of the same subject matter at an institution of higher education.

(b) A student's performance on an end-of-course assessment instrument may not be used:

(1) in determining the student's class ranking for any purpose, including entitlement to automatic college admission under Section 51.803 or 51.804; or

(2) as a sole criteria in the determination of whether to admit the student to a general academic teaching institution in this state.

(c) Subsection (b)(2) does not prohibit a general academic teaching institution from implementing an admission policy that takes into consideration a student's performance on an end-of-course assessment instrument in addition to other criteria.

(d) In this section, "general academic teaching institution" has the meaning assigned by Section 61.003.

SECTION 5. Sections 39.024(b), (c), and (e), Education Code, are amended to read as follows:

(b) The agency and the Texas Higher Education Coordinating Board shall ensure that the Algebra I [II] and English III end-of-course assessment instruments required under Section 39.023(c) are developed to be capable of, beginning with the 2013-2014 [2011-2012] school year, measuring college readiness.

(c) Before the beginning of the 2013-2014 [2011-2012] school year, the agency, in collaboration with the Texas Higher Education Coordinating Board, shall gather data and conduct research studies to substantiate the correlation between a certain level of performance by students on the Algebra I [II] and English III end-of-course assessment instruments and college readiness.

(e) Based on the results of the studies conducted under Subsection (c), the commissioner of education and the commissioner of higher education shall establish student performance standards for the Algebra I [II] and English III end-of-course assessment instruments indicating that students have attained college readiness.

SECTION 6. Section 39.0241(a-2), Education Code, is amended to read as follows:

(a-2) For the purpose of establishing performance across grade levels, the commissioner shall establish:

(1) the performance standards for the Algebra I [II] and English III end-of-course assessment instruments, as provided under Section 39.024(b) and under Subsection (a);

(2) [the performance standards for the Algebra I and English II end-of-course assessment instruments, as determined based on studies under Section 39.0242 that correlate student performance on the Algebra I and English II end-of-course assessment instruments with student performance on the Algebra II and English III assessment instruments;

[(3) the performance standards for the English I end-of-course assessment instrument, as determined based on studies under Section 39.0242 that correlate student performance on the English I end-of-course assessment instrument with student performance on the English II assessment instrument;

[(4)] the performance standards for the grade eight assessment instruments, as determined based on studies under Section 39.0242 that correlate student performance on the grade eight assessment instruments with student performance on the Algebra I and English III [I] end-of-course assessment instruments in the same content area; and

(3) [(5)] the performance standards on the assessment instruments in each of grades three through seven, as determined based on studies under Section 39.0242 that correlate student performance in the same content area on the assessment instrument for each grade with student performance on the assessment instrument in the succeeding grade.

SECTION 7. Section 39.0242(b), Education Code, is amended to read as follows:

(b) Before the beginning of the 2013-2014 [2011-2012] school year, the agency shall analyze the data collected under Subsection (a) to substantiate:

(1) the correlation between satisfactory student performance for each performance standard under Section 39.0241 on the grade three, four, five, six, or seven assessment instruments with satisfactory performance under the same performance standard on the assessment instruments in the same content area for the next grade level; and

(2) the correlation between satisfactory student performance for each performance standard under Section 39.0241 on the grade eight assessment instruments with satisfactory performance under the same performance standard on the Algebra I and English III [I] end-of-course assessment instruments in the same content area[;

[(3) the correlation between satisfactory student performance for each performance standard under Section 39.0241 on the English I end-of-course assessment instrument with satisfactory performance under the same performance standard on the English II end-of-course assessment instrument;

[(4) the correlation between satisfactory student performance for each performance standard under Section 39.0241 on the English II end-of-course assessment instrument with satisfactory performance under the same performance standard on the English III end-of-course assessment instrument; and

[(5) the correlation between satisfactory student performance for each performance standard under Section 39.0241 on the Algebra I end-of-course assessment instrument with satisfactory performance under the same performance standard on the Algebra II end-of-course assessment instrument].

SECTION 8. Sections 39.025(a), (a-1), (a-2), (a-3), (b), and (b-2), Education Code, are amended to read as follows:

(a) The commissioner shall adopt rules requiring a student participating in any [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 a course 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] unless they satisfy Section 39.025(a-1) requirements. A student may not receive a high school diploma until the student has performed satisfactorily on the end-of-course assessment instruments, as determined by the commissioner under Section 39.0241(a) [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-1) The commissioner by rule shall determine a method by which a student's satisfactory performance on an advanced placement test of a score of 2 or greater, international baccalaureate examination that satisfies College Readiness Benchmarks or the equivalent, the Scholastic Assessment Test (SAT)that satisfies College Readiness Benchmarks or the equivalent, an SAT Subject-test that satisfies College Readiness Benchmarks or the equivalent; the American College Test (ACT) that satisfies College Readiness Benchmarks or the equivalent, an assessment instrument designated under Section 51.3062, or another assessment instrument determined by the commissioner to be at least as rigorous as an end-of-course assessment instrument adopted under Section 39.023(c) may be used to satisfy [as a factor in determining whether the student satisfies] the requirements of Subsection (a)[, including the cumulative score requirement of that subsection]. If the commissioner fails to develop the required method, a student is considered to satisfy the requirements of Subsection (a) if the student earns a score that satisfies College Readiness Benchmarks or the equivalent on the international baccalaureate examination, SAT, SAT Subject-Test, or ACT assessments or a student earns a score of 2 or greater on the advance placement test. The commissioner by rule may determine a method by which a student's satisfactory performance on a Preliminary Scholastic Assessment Test (PSAT) assessment or a preliminary American College Test (ACT) assessment may be used as a factor in determining whether the student satisfies the requirements of Subsection (a).

(a-2) In addition to the [cumulative score] requirements under Subsection (a), the commissioner may require a student to [must] achieve a score that [meets or] exceeds the score determined by the commissioner under Section 39.0241(a) for the English III and Algebra I [II] end-of-course assessment instruments to graduate under the recommended high school program.

(a-3) In addition to the [cumulative score] requirements under Subsection (a), the commissioner may require a student to [must] achieve a score that meets or exceeds the score determined by the commissioner under Section 39.0241(a-1) on the English III and Algebra I [II] end-of-course assessment instruments in order to graduate under the advanced high school program.

(b) Each time an end-of-course assessment instrument is administered, a student who failed to perform satisfactorily [achieve a minimum score] under Subsection (a) shall retake the assessment instrument. [A student who fails to perform satisfactorily on an Algebra II or English III end-of-course assessment instrument under the college readiness performance standard, as provided under Section 39.024(b), may retake the assessment instrument.] Any other student may retake an end-of-course assessment instrument for any reason. A student is not required to retake a course as a condition of retaking an end-of-course assessment instrument.

(b-2) If a school district determines that a student, on completion of grade 11, is unlikely to satisfy [achieve] the [cumulative score] requirements for one or more subjects prescribed by Subsection (a) for receiving a high school diploma, the district shall require the student to enroll in a corresponding content-area college preparatory course for which an end-of-course assessment instrument has been adopted, if available. A student who enrolls in a college preparatory course described by this subsection shall be administered an end-of-course assessment instrument for the course[, with the end-of-course assessment instrument scored on a scale as determined by the commissioner not to exceed 20 percent of the cumulative score requirements required to graduate as determined under Subsection (a)]. A student may use the student's score on the end-of-course assessment instrument or the equivalent under 39.025(a-1) for the college preparatory course towards satisfying the [cumulative score] requirements prescribed by Subsection (a).

SECTION 9. Sections 39.053(c),Education Code, is amended to read as follows:

Sec. 39.053. PERFORMANCE INDICATORS: STUDENT ACHIEVEMENT. (a) The commissioner shall adopt a set of indicators of the quality of learning and student achievement. The commissioner biennially shall review the indicators for the consideration of appropriate revisions.

(b) Performance on the student achievement indicators adopted under this section shall be compared to state-established standards. The indicators must be based on information that is disaggregated by race, ethnicity, and socioeconomic status.

(c) Indicators of student achievement adopted under this section must include:

(1) the results of assessment instruments required under Sections 39.023(a), (c), and (l), including the results of assessment instruments required for graduation retaken by a student, aggregated across grade levels by subject area, including:

(A) for the performance standard determined by the commissioner under Section 39.0241(a):

(i) the percentage of students who performed satisfactorily on the assessment instruments, aggregated across grade levels by subject area; and

(ii) for students who did not perform satisfactorily, the percentage of students who met the standard for annual improvement, as determined by the agency under Section 39.034, on the assessment instruments, aggregated across grade levels by subject area; and

(B) for the college readiness performance standard as determined under Section 39.0241:

(i) the percentage of students who performed satisfactorily on the assessment instruments, aggregated across grade levels by subject area; and

(ii) for students who did not perform satisfactorily, the percentage of students who met the standard for annual improvement, as determined by the agency under Section 39.034, on the assessment instruments, aggregated across grade levels by subject area;

(2) dropout rates, including dropout rates and district completion rates for grade levels 9 through 12, computed in accordance with standards and definitions adopted by the National Center for Education Statistics of the United States Department of Education;[ and]

(3) high school graduation rates, computed in accordance with standards and definitions adopted in compliance with the No Child Left Behind Act of 2001 (20 U.S.C. Section 6301 et seq.);

(4) career and technology licenses or certifications earned, computed as a percentage of students participating in career and technology courses who satisfy applicable licensing or certification requirements;

(5) associate degrees earned, computed as a percentage of student enrollment earning associate degrees;

(6) dual credits earned by meeting satisfactory performance in dual credit courses through an institution of higher education, computed as percentage of students participating in dual credit courses through an institution of higher education; and

(7) Scholastic Assessment Test, American College Test (ACT) assessment, Advance Placement Test, and International Baccalaureate programs, computed as a percentage of students participating who satisfy College Readiness Benchmarks or the equivalent, aggregated across grade levels.

SECTION 10. Sections 39.054 (b-1), Education Code, is amended to read as follows:

(a) The commissioner shall adopt rules to evaluate school district and campus performance and, not later than August 8 of each year, assign each district and campus a performance rating that reflects acceptable performance or unacceptable performance. If a district or campus received a performance rating of unacceptable performance for the preceding school year, the commissioner shall notify the district of a subsequent such designation on or before June 15.

(b) In evaluating performance, the commissioner shall evaluate against state standards and consider the performance of each campus in a school district and each open-enrollment charter school on the basis of the campus's or school's performance on the student achievement indicators adopted under Section 39.053(c).

(b-1) Consideration of the effectiveness of district programs under Section 39.052(b)(2)(B) or (C)[:

[(1) must:

[(A) be based on data collected through the Public Education Information Management System (PEIMS) for purposes of accountability under this chapter; and

[(B) include the results of assessments required under Section 39.023; and

[(2)] may be based on the results of a special accreditation investigation conducted under Section 39.057.

SECTION 11. Sections 39.116 (a), (b), (c), (d), (e), (f), and (g), Education Code, are amended to read as follows:

(a) During the period of transition to the accreditation system established under H.B. No. 3, Acts of the 81st Legislature, Regular Session, 2009, to be implemented in August 2013, the commissioner may suspend assignment of accreditation statuses and performance ratings for the [2011-2012] 2012-2013 school year.

(b) As soon as practicable following the [2011-2012] 2012-2013 school year, the commissioner shall report district and campus performance under the student achievement indicators under Sections 39.053(c)(1)(A) and (B).

(c) For the [2012-2013] 2013-2014 school year, the commissioner shall:(1) report district and campus performance under the student achievement indicator under Section 39.053(c)(1)(B); and(2) evaluate district and campus performance under the student achievement indicator under Section 39.053(c)(1)(A) and assign district accreditation statuses and district and campus performance ratings based on that evaluation.

(d) Beginning with the 2013-2014 school year, the commissioner shall evaluate district and campus performance under the student achievement indicators under Sections 39.053(c)(1)(A) and (B) and assign district accreditation statuses and district and campus performance ratings based on that evaluation.

(e) During the 2011-2012 and 2012-2013 school years, the commissioner shall continue to implement interventions and sanctions for districts and campuses identified as having unacceptable performance in the 2010-2011 school year in accordance with the performance standards applicable during the 2010-2011 school year and may increase or decrease the level of interventions and sanctions based on an evaluation of the district's or campus's performance.

(f) For purposes of determining multiple years of unacceptable performance and required district and campus interventions and sanctions under this subchapter, the performance ratings and accreditation statuses issued in the 2010-2011 and [2012-2013] 2013-2014 school years shall be considered consecutive.

(g) This section expires September 1, 2014.

SECTION 12. Section 51.3062(q-1), Education Code, is amended to read as follows:

(q-1) A student who has completed a recommended or advanced high school program as determined under Section 28.025 and demonstrated the performance standard for college readiness as provided by Section 39.024 on the Algebra I [II] and English III end-of-course assessment instruments is exempt from the requirements of this section with respect to those content areas. The commissioner of higher education by rule shall establish the period for which an exemption under this subsection is valid.

SECTION 13. Section 51.805, Education Code, is amended by adding Subsection (a-1) to read as follows:

(a-1) Notwithstanding Subsection (a) or any other provision of this section, a student is not required to perform at or above a satisfactory level on end-of-course assessment instruments adopted under Section 39.023(c) in order to be eligible to apply to a general academic teaching institution.

SECTION 14. (a) This Act applies beginning with the 2012-2013 school year.

(b) Section 39.025, Education Code, as amended by this Act, applies only to students who have entered or will enter the ninth grade during the 2011-2012 or a later school year.

SECTION 15. 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.