|
INTRODUCED
|
HOUSE COMMITTEE SUBSTITUTE
|
|
No
equivalent provision.
|
SECTION 1. The heading to
Section 28.0211, Education Code, is amended to read as follows:
Sec. 28.0211. ACCELERATED
LEARNING COMMITTEE [SATISFACTORY PERFORMANCE ON ASSESSMENT
INSTRUMENTS REQUIRED]; ACCELERATED INSTRUCTION.
|
|
No
equivalent provision.
|
SECTION 2. Section 28.0211,
Education Code, is amended by amending Subsections (a), (a-1), (a-3), (c),
(f), (i), (k), and (n) and adding Subsection (f-1) to read as follows:
(a) A district shall
establish an accelerated learning committee described by Subsection (c) for
each student who does not perform satisfactorily on:
(1) the third grade
mathematics or reading assessment instrument under Section 39.023;
(2) [Except as
provided by Subsection (b) or (e), a student may not be promoted to:
[(1) the sixth grade
program to which the student would otherwise be assigned if the student
does not perform satisfactorily on] the fifth grade mathematics or
[and] reading assessment instrument [instruments]
under Section 39.023; or
(3) [(2) the ninth
grade program to which the student would otherwise be assigned if the
student does not perform satisfactorily on] the eighth grade
mathematics or [and] reading assessment instrument [instruments]
under Section 39.023.
(a-1) Each time a student
fails to perform satisfactorily on an assessment instrument administered
under Section 39.023(a) in the third, fourth, fifth, sixth, seventh, or
eighth grade, the school district in which the student attends school shall
provide to the student accelerated instruction in the applicable subject
area. Accelerated instruction may require participation of the student
before or after normal school hours, [and] may include
participation at times of the year outside normal school operations, and
may be provided to the student during the subsequent school year.
(a-3) The commissioner shall
provide guidelines to districts on research-based best practices and
effective strategies that a district may use in developing an accelerated
instruction program. The commissioner may provide to districts available
resources concerning research-based best practices and effective strategies
that a district may use in developing an accelerated instruction program.
(c) [Each time a student
fails to perform satisfactorily on an assessment instrument specified under
Subsection (a), the school district in which the student attends school
shall provide to the student accelerated instruction in the applicable
subject area, including reading instruction for a student who fails to perform
satisfactorily on a reading assessment instrument.] After a student
fails to perform satisfactorily on an assessment instrument specified
under Subsection (a) [a second time], an accelerated learning
[a grade placement] committee shall be established [to prescribe
the accelerated instruction the district shall provide to the student
before the student is administered the assessment instrument the third time].
The accelerated learning [grade placement] committee shall be
composed of the principal or the principal's designee, the student's parent
or guardian, and the teacher of the subject of an assessment instrument on
which the student failed to perform satisfactorily. The district shall
notify the parent or guardian of the time and place for convening the accelerated
learning [grade placement] committee and the purpose of the
committee. [An accelerated instruction group administered by a school
district under this section may not have a ratio of more than 10 students
for each teacher.]
(f) An accelerated learning
[A school district shall provide to a student who, after three attempts,
has failed to perform satisfactorily on an assessment instrument specified
under Subsection (a) accelerated instruction during the next school year as
prescribed by an educational plan developed for the student by the
student's grade placement] committee described by [established
under] Subsection (c) shall:
(1) develop an educational
plan for the student that provides the necessary accelerated instruction
for the student to achieve appropriate grade level performance; and
(2) provide other
assistance to the student in accordance with a policy adopted by the
district board of trustees prescribing the role of accelerated learning
committees in that district. [The district shall provide that
accelerated instruction regardless of whether the student has been promoted
or retained.]
(f-1) The educational
plan developed under Subsection (f)(1) must be designed to enable
the student to perform at the appropriate grade level by the conclusion of
the subsequent school year. During the school year, the student
shall be monitored to ensure that the student is progressing in accordance
with the plan. The district shall administer to the student the assessment
instrument for the grade level in which the student is placed at the time
the district regularly administers the assessment instruments for that
school year.
(i) The admission, review,
and dismissal committee of a student who participates in a district's
special education program under Subchapter A [B], Chapter 29,
and who does not perform satisfactorily on an assessment instrument
specified under Subsection (a) and administered under Section 39.023(a) or
(b) shall determine[:
[(1)] the manner in
which the student will participate in an accelerated instruction program
under this section[; and
[(2) whether the student
will be promoted or retained under this section].
(k) The commissioner shall
adopt rules as necessary to implement this section[, including rules
concerning when school districts shall administer assessment instruments
required under this section and which administration of the assessment
instruments will be used for purposes of Section 39.054].
(n) A student who fails to
perform satisfactorily on an assessment instrument specified under
Subsection (a) and is promoted to the next grade level [by a
grade placement committee under this section] must be assigned at
that next grade level in each subject in which the student failed to
perform satisfactorily on an assessment instrument specified under
Subsection (a) to a teacher who meets all state and federal qualifications
to teach that subject and grade.
|
|
SECTION 1. Section 39.023(a),
Education Code, as effective September 1, 2017, is amended 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 students, other
than 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; and
(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].
|
SECTION 3. Section 39.023(a),
Education Code, as effective September 1, 2017, is amended 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 students, other than
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; and
(4) [social studies, in
grade eight;
[(5)] science, in
grades five and eight[; and
[(6) any other subject and
grade required by federal law].
|
|
SECTION 2. Section 39.023(c),
Education Code, is amended to read as follows:
(c) The agency shall also
adopt end-of-course assessment instruments for secondary-level courses in reading, mathematics, and science only as
necessary to comply with the Every Student Succeeds Act (20 U.S.C. Section
6301 et seq.) to be administered only as necessary to meet the minimum
requirements of that Act [Algebra
I, biology, English I, English II, and United States history.
The Algebra I end-of-course assessment instrument must be
administered with the aid of technology. The English I and English II
end-of-course assessment instruments must each assess essential knowledge
and skills in both reading and writing in the same assessment instrument
and must provide a single score].
A school district shall comply with State Board of Education rules
regarding administration of the assessment instruments adopted under [listed in] this subsection. 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 4. Section 39.023(c),
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, biology, English I, and
English II[, and United States history].
The
Algebra I end-of-course assessment instrument must be administered with the
aid of technology. The English I and English II end-of-course assessment
instruments must each assess essential knowledge and skills in both reading
and writing in the same assessment instrument and must provide a single
score. A school district shall comply with State Board of Education
rules regarding administration of the assessment instruments listed in this subsection. 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 agency
[State Board of Education] shall administer the assessment
instruments. The commissioner, with
input from school districts, [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. Section
39.023(c-3), Education Code, as effective September 1, 2017, is amended to
read as follows:
(c-3) The State Board of Education, with input
from school districts, shall adopt [In adopting] a schedule for
the administration of assessment instruments under this section that minimizes
the disruption of classroom instruction [, 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 instruments in English I and English II must
be permitted to occur at an earlier date].
|
SECTION 5. Section
39.023(c-3), Education Code, effective September 1, 2017, is amended to
read as follows:
(c-3) The commissioner, with input from school
districts, shall adopt [In adopting] a schedule for the
administration of assessment instruments under this section that[,
the State Board of Education shall require]:
(1) minimizes the disruption of classroom
instruction [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)
maximizes available instruction time by scheduling the spring
administration of [end-of-course] assessment instruments [under Subsection (c)] to occur as close to the end of the
semester as possible [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 and English II must
be permitted to occur at an earlier date].
|
|
SECTION 4. Section 39.023,
Education Code, is amended by adding Subsection (q) to read as follows:
(q) Notwithstanding any
provision of this section or other law, if changes made to the Every
Student Succeeds Act (20 U.S.C. Section 6301 et seq.) reduce the number or
frequency of assessment instruments required to be administered to
students, the State Board of Education shall adopt rules reducing the
number or frequency of assessment instruments administered to students
under state law, and the commissioner shall ensure that students are not
assessed in subject areas or in grades that are no longer required to meet
the minimum requirements of that Act.
|
No
equivalent provision.
|
|
No
equivalent provision.
|
SECTION 6. Section 39.02301,
Education Code, is amended by amending Subsections (a), (b), (h), and (j)
and adding Subsection (k) to read as follows:
(a) The [During the
2015-2016 school year, the] agency, in coordination with the entity
that has been contracted to develop or implement assessment instruments
under Section 39.023, shall conduct a study to develop a writing assessment
method as an alternative to the writing assessment instruments required
under Sections 39.023(a) and (c). The writing assessment method must be
designed to assess:
(1) a student's mastery of
the essential knowledge and skills in writing through timed writing
samples;
(2) improvement of a
student's writing skills from the beginning of the school year to the end
of the school year;
(3) a student's ability to
follow the writing process from rough draft to final product; and
(4) a student's ability to
produce more than one type of writing style.
(b) The [During the
2016-2017 and 2017-2018 school years, the] agency shall establish a
pilot program as provided by this section to implement in designated school
districts the writing assessment method developed under Subsection (a).
(h) [Not later than
September 1, 2016, the agency shall prepare and deliver 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 report covering the
study of the development of the writing assessment method under Subsection
(a).] Not later than September 1 of each even-numbered year [in
2017 and 2018], the agency shall prepare and deliver 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 report that:
(1) evaluates the
implementation and progress of the pilot program under this section; and
(2) makes recommendations
regarding the continuation or expansion of the pilot program.
(j) Not later than
September 1, 2021, the agency shall modify the method for assessing
students in grades four and seven in writing based on the writing
assessment method developed under this section.
(k) This section
expires September 1, 2021 [2019].
|
|
No
equivalent provision.
|
SECTION 7. Section 39.025,
Education Code, is amended by amending Subsections (c-1) and (f) and adding
Subsection (f-1) to read as follows:
(c-1) A school district may
not administer a general subject [an] assessment instrument
required for graduation administered under this section as this section
existed before September 1, 2007 [1999]. A school district
may administer to a student who failed to perform satisfactorily on an
assessment instrument described by this subsection an alternate assessment
instrument designated by the commissioner. The commissioner shall determine
the level of performance considered to be satisfactory on an alternate
assessment instrument. [The district may not administer to the student
an assessment instrument or a part of an assessment instrument that
assesses a subject that was not assessed in an assessment instrument
required for graduation administered under this section as this section
existed before September 1, 1999.] The commissioner shall make
available to districts information necessary to administer the alternate
assessment instrument authorized by this subsection. The commissioner's
determination regarding designation of an appropriate alternate assessment
instrument under this subsection and the performance required on the
assessment instrument is final and may not be appealed.
(f) The commissioner shall by
rule adopt a transition plan to implement the amendments made by Chapter
1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular Session, 2007,
replacing general subject assessment instruments administered at the high
school level with end-of-course assessment instruments. The rules must
provide for the end-of-course assessment instruments adopted under Section
39.023(c) to be administered beginning with students enrolled in [entering]
the ninth grade for the first time during the 2011-2012 school year.
During the period under which the transition to end-of-course assessment
instruments is made:
(1) for students entering a
grade above the ninth grade during the 2011-2012 school year, the
commissioner shall retain, administer, and use for purposes of
accreditation and other campus and district accountability measures under
this chapter the assessment instruments required by Section 39.023(a) or
(c), as that section existed before amendment by Chapter 1312 (S.B. No.
1031), Acts of the 80th Legislature, Regular Session, 2007; and
(2) a student subject to
Subdivision (1) may not receive a high school diploma unless the student
has performed satisfactorily, as determined by the commissioner under
Subsection (f-1), on the SAT, the ACT, or the Texas Success
Initiative (TSI) diagnostic assessment [each required assessment
instrument administered under Section 39.023(c) as that section existed
before amendment by Chapter 1312 (S.B. No. 1031), Acts of the 80th
Legislature, Regular Session, 2007].
(f-1) The commissioner
shall determine the level of performance considered to be satisfactory on
the SAT, the ACT, and the Texas Success Initiative (TSI) diagnostic
assessment for a student described by Subsection (f)(1) to qualify for a
high school diploma. In determining satisfactory performance, the
commissioner shall ensure that the level of performance determined under
this subsection as satisfactory is equivalent to the level of performance
required under Subsection (a) for satisfactory performance on an
end-of-course assessment instrument. Notwithstanding Subsection (f), the
commissioner is not required to retain, administer, or use assessment
instruments described by Subsection (f)(1) after September 1, 2017.
|
|
SECTION 5. Section 39.203(c),
Education Code, is amended to read as follows:
(c) In addition to the
distinction designations described by Subsections (a) and (b), a campus that
satisfies the criteria developed under Section 39.204 shall be awarded a
distinction designation by the commissioner for outstanding performance in
academic achievement in reading [English language arts],
mathematics, or science[, or social studies].
|
SECTION 8. Same as introduced
version.
|
|
No
equivalent provision.
|
SECTION 9. Section 39.301(c),
Education Code, is amended to read as follows:
(c) Indicators for reporting
purposes must include:
(1) the percentage of
graduating students who meet the course requirements established by State
Board of Education rule for:
(A) the foundation high
school program;
(B) the distinguished level
of achievement under the foundation high school program; and
(C) each endorsement
described by Section 28.025(c-1);
(2) the results of the SAT,
ACT, articulated postsecondary degree programs described by Section 61.852,
and certified workforce training programs described by Chapter 311, Labor
Code;
(3) for students who have
failed to perform satisfactorily, under each performance standard under
Section 39.0241, on an assessment instrument required under Section
39.023(a) or (c), the performance of those students on subsequent
assessment instruments required under those sections, aggregated by grade
level and subject area;
(4) for each campus, the
number of students, disaggregated by major student subpopulations, that
take courses under the foundation high school program and take additional
courses to earn an endorsement under Section 28.025(c-1), disaggregated by
type of endorsement;
(5) the percentage of
students, aggregated by grade level, provided accelerated instruction under
Section 28.0211 [28.0211(c)], the results of assessment
instruments administered under that section, [the percentage of students
promoted through the grade placement committee process under Section
28.0211,] the subject of the assessment instrument on which each
student failed to perform satisfactorily under each performance standard
under Section 39.0241, and the performance of those students in the subsequent
school year [following that promotion] on the assessment instruments
required under Section 39.023;
(6) the percentage of
students of limited English proficiency exempted from the administration of
an assessment instrument under Sections 39.027(a)(1) and (2);
(7) the percentage of
students in a special education program under Subchapter A, Chapter 29,
assessed through assessment instruments developed or adopted under Section
39.023(b);
(8) the percentage of
students who satisfy the college readiness measure;
(9) the measure of progress
toward dual language proficiency under Section 39.034(b), for students of
limited English proficiency, as defined by Section 29.052;
(10) the percentage of
students who are not educationally disadvantaged;
(11) the percentage of
students who enroll and begin instruction at an institution of higher
education in the school year following high school graduation; and
(12) the percentage of
students who successfully complete the first year of instruction at an
institution of higher education without needing a developmental education
course.
|
|
No
equivalent provision.
|
SECTION 10. Section
51.3062(q-1), Education Code, is amended to read as follows:
(q-1) A student who has
demonstrated the performance standard for college readiness as provided by
Section 28.008 on the postsecondary readiness assessment instruments
adopted under Section 39.0238 for Algebra II and English III, as that
section existed before repeal by H.B. 515, Acts of the 85th Legislature,
Regular Session, 2017, 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
6. Section 39.02301, Education Code, is repealed.
|
SECTION
11. The following provisions of the Education Code are repealed:
(1)
Sections 28.0211(a-2), (b), (d), (e), (m), and (m-1); and
(2)
Section 39.0238.
|
|
SECTION 7. This Act applies
beginning with the 2017-2018 school year.
|
SECTION 12. Same as
introduced version.
|
|
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, 2017.
|
SECTION 13. Same as
introduced version.
|
|