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.