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A BILL TO BE ENTITLED
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AN ACT
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relating to secondary-level assessment of public school students |
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and the use of individual graduation committees to satisfy certain |
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public high school graduation requirements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Effective August 31, 2017, Section 12.104(b-2), |
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Education Code, is amended to read as follows: |
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(b-2) An open-enrollment charter school is subject to the |
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requirement to establish an individual graduation committee under |
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Section 28.0258. [This subsection expires September 1, 2017.] |
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SECTION 2. Section 18.006(b), Education Code, is amended to |
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read as follows: |
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(b) In addition to other factors determined to be |
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appropriate by the commissioner, the accountability system must |
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include consideration of: |
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(1) student performance on the [end-of-course] |
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assessment instruments required by Section 39.023(c); and |
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(2) dropout rates, including dropout rates and diploma |
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program completion rates for the grade levels served by the diploma |
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program. |
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SECTION 3. Section 25.005(b), Education Code, is amended to |
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read as follows: |
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(b) A reciprocity agreement must: |
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(1) address procedures for: |
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(A) transferring student records; |
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(B) awarding credit for completed course work; |
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and |
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(C) permitting a student to satisfy the |
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requirements of Section 39.025 through successful performance on |
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comparable [end-of-course or other exit-level] assessment |
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instruments administered in another state; and |
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(2) include appropriate criteria developed by the |
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agency. |
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SECTION 4. Section 28.014(a), Education Code, is amended to |
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read as follows: |
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(a) Each school district shall partner with at least one |
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institution of higher education to develop and provide courses in |
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college preparatory mathematics and English language arts. The |
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courses must be designed: |
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(1) for students at the 12th grade level whose |
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performance on: |
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(A) an [end-of-course] assessment instrument |
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required under Section 39.023(c) does not meet college readiness |
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standards; or |
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(B) coursework, a college entrance examination, |
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or an assessment instrument designated under Section 51.3062(c) |
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indicates that the student is not ready to perform entry-level |
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college coursework; and |
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(2) to prepare students for success in entry-level |
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college courses. |
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SECTION 5. Section 28.0211(o), Education Code, is amended |
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to read as follows: |
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(o) This section does not require the administration of |
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a fifth [or eighth] grade assessment instrument in a subject under |
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Section 39.023(a) to a student enrolled in the fifth [or eighth] |
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grade[, as applicable,] if the student[:
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[(1)] is enrolled in a course in the subject intended |
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for students above the student's grade level and will be |
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administered an assessment instrument adopted or developed under |
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Section 39.023(a) that aligns with the curriculum for the course in |
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which the student is enrolled[; or
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[(2)
is enrolled in a course in the subject for which
|
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the student will receive high school academic credit and will be
|
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administered an end-of-course assessment instrument adopted under
|
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Section 39.023(c) for the course]. |
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SECTION 6. Section 28.0217, Education Code, is amended to |
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read as follows: |
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Sec. 28.0217. ACCELERATED INSTRUCTION FOR HIGH SCHOOL |
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STUDENTS. (a) Each time a student fails to perform satisfactorily |
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on an assessment instrument required [administered] under Section |
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39.023(c), the school district in which the student attends school |
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shall provide to the student accelerated instruction in the |
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applicable subject area, using funds appropriated for accelerated |
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instruction under Section 28.0211. |
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(b) Accelerated instruction may require participation of |
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the student before or after normal school hours and may include |
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participation at times of the year outside normal school |
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operations. The district shall schedule accelerated instruction in |
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a manner that provides adequate flexibility in the student's |
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schedule to ensure that the student is academically on track to |
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complete the student's personal graduation plan. |
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SECTION 7. Section 28.023(c), Education Code, is amended to |
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read as follows: |
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(c) A school district shall give a student in grade level |
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six or above credit for a subject on the basis of an examination for |
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credit in the subject approved by the board of trustees under |
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Subsection (a) if the student scores in the 80th percentile or above |
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on the examination or if the student achieves a score as provided by |
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Subsection (c-1). If a student is given credit in a subject on the |
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basis of an examination, the district shall enter the examination |
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score on the student's transcript and the student is not required to |
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take for that subject an [end-of-course] assessment instrument |
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adopted under Section 39.023(c) [for that subject]. |
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SECTION 8. Section 28.025(b-4), Education Code, is amended |
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to read as follows: |
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(b-4) A school district may offer the curriculum described |
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in Subsections (b-1)(1) through (4) in an applied manner. Courses |
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delivered in an applied manner must cover the essential knowledge |
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and skills[, and the student shall be administered the applicable
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end-of-course assessment instrument as provided by Sections
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39.023(c) and 39.025]. |
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SECTION 9. Effective August 31, 2017, Section 28.025(c-6), |
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Education Code, is amended to read as follows: |
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(c-6) Notwithstanding Subsection (c), a person may receive |
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a diploma if the person is eligible for a diploma under Section |
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28.0258. [This subsection expires September 1, 2017.] |
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SECTION 10. Section 28.0255, Education Code, is amended by |
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amending Subsections (g) and (h) and adding Subsection (g-1) to |
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read as follows: |
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(g) A student entering the ninth grade during the 2018-2019 |
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school year is entitled to a high school diploma if the student: |
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(1) successfully complies with the curriculum |
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requirements specified under Subsection (e); and |
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(2) performs satisfactorily, as determined by the |
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commissioner under Subsection (h), on [end-of-course] assessment |
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instruments listed under Section 39.023(c) [for courses in which
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the student was enrolled]. |
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(g-1) A student other than a student described by Subsection |
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(g) is entitled to a high school diploma if the student: |
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(1) successfully complies with the curriculum |
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requirements specified under Subsection (e); and |
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(2) performs satisfactorily, as determined by the |
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commissioner under Subsection (h), on assessment instruments |
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listed under Section 39.023(c), as that section existed before |
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amendment by _.B. ___, Acts of the 85th Legislature, Regular |
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Session, 2017, for courses in which the student was enrolled. |
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(h) For purposes of Subsections [Subsection] (g)(2) and |
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(g-1)(2), the commissioner shall determine the level of |
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satisfactory performance on applicable [end-of-course] assessment |
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instruments administered to a student. |
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SECTION 11. Section 28.0258, Education Code, is amended by |
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amending Subsections (a), (b), (e), (f), (h), (j), and (k) and |
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adding Subsections (m) and (n) to read as follows: |
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(a) This section applies only to an 11th or 12th grade |
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student who has failed to comply with the [end-of-course] |
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assessment instrument performance requirements under Section |
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39.025 for not more than two subjects identified under Section |
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39.023(c) [courses]. |
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(b) For each student to whom this section applies, the |
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school district that the student attends shall establish an |
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individual graduation committee at the end of or after the |
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student's 11th grade year to determine whether the student may |
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qualify to graduate as provided by this section. A student may not |
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qualify to graduate under this section before the student's 12th |
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grade year. The committee shall be composed of: |
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(1) the principal or principal's designee; |
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(2) for each subject identified under Section |
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39.023(c) for [end-of-course assessment instrument on] which the |
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student failed to perform satisfactorily on the appropriate |
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corresponding required assessment instrument, a [the] teacher of |
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the student in that subject, designated by the principal [course]; |
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(3) the department chair or lead teacher supervising |
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the teacher described by Subdivision (2); and |
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(4) as applicable: |
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(A) the student's parent or person standing in |
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parental relation to the student; |
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(B) a designated advocate described by |
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Subsection (c) if the person described by Paragraph (A) is unable to |
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serve; or |
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(C) the student, at the student's option, if the |
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student is at least 18 years of age or is an emancipated minor. |
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(e) To be eligible to graduate and receive a high school |
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diploma under this section, a student must successfully complete |
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the curriculum requirements required for high school graduation: |
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(1) identified by the State Board of Education under |
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Section 28.025(a); or |
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(2) as otherwise provided by the transition plan |
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adopted by the commissioner to implement and administer the |
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amendments made by Chapter 211 (H.B. 5), Acts of the 83rd |
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Legislature, Regular Session, 2013, replacing the minimum, |
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recommended, and advanced high school programs with the foundation |
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high school program [under Section 28.025(h)]. |
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(f) Notwithstanding any other law, a student's individual |
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graduation committee established under this section shall |
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recommend additional requirements by which the student may qualify |
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to graduate, including: |
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(1) additional remediation; and |
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(2) for each [end-of-course] assessment instrument |
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required under Section 39.023(c) on which the student failed to |
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perform satisfactorily: |
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(A) the completion of a project related to the |
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subject area [of the course] that demonstrates proficiency in the |
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subject area; or |
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(B) the preparation of a portfolio of work |
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samples in the subject area [of the course], including work samples |
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[from the course] that demonstrate proficiency in the subject area. |
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(h) In determining whether a student for whom an individual |
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graduation committee is established is qualified to graduate, the |
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committee shall consider: |
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(1) the recommendation of the student's teacher in |
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each course of the subject for which the student failed to perform |
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satisfactorily on an [end-of-course] assessment instrument; |
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(2) the student's grade in each course of the subject |
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for which the student failed to perform satisfactorily on an |
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[end-of-course] assessment instrument; |
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(3) the student's score on each [end-of-course] |
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assessment instrument required under Section 39.023(c) on which the |
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student failed to perform satisfactorily; |
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(4) the student's performance on any additional |
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requirements recommended by the committee under Subsection (f); |
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(5) the number of hours of remediation that the |
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student has attended, including[:
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[(A)
attendance in a college preparatory course
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required under Section 39.025(b-2), if applicable; or
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[(B)] attendance in and successful completion of |
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a transitional college course in reading or mathematics; |
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(6) the student's school attendance rate; |
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(7) the student's satisfaction of any of the Texas |
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Success Initiative (TSI) college readiness benchmarks prescribed |
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by the Texas Higher Education Coordinating Board; |
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(8) the student's successful completion of a dual |
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credit course in English, mathematics, science, or social studies; |
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(9) the student's successful completion of a high |
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school pre-advanced placement, advanced placement, or |
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international baccalaureate program course in English, |
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mathematics, science, or social studies; |
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(10) the student's rating of advanced high on the most |
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recent high school administration of the Texas English Language |
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Proficiency Assessment System; |
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(11) the student's score of 50 or greater on a |
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College-Level Examination Program examination; |
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(12) the student's score on: |
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(A) the ACT or[,] the SAT, if not otherwise |
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considered under Subdivision (3); or |
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(B) the Armed Services Vocational Aptitude |
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Battery test; |
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(13) the student's completion of a sequence of courses |
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under a career and technical education program required to attain |
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an industry-recognized credential or certificate; |
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(14) the student's overall preparedness for |
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postsecondary success; and |
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(15) any other academic information designated for |
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consideration by the board of trustees of the school district. |
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(j) Notwithstanding any action taken by an individual |
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graduation committee under this section, a school district shall |
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administer an [end-of-course] assessment instrument required under |
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Section 39.023(c) to any student who fails to perform |
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satisfactorily on an [end-of-course] assessment instrument |
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required under Section 39.023(c) as provided by Section 39.025(b). |
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For purposes of Section 39.053(c)(1), an assessment instrument |
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administered as provided by this subsection is considered an |
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assessment instrument required for graduation retaken by a student. |
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(k) The commissioner shall adopt rules as necessary to |
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administer [implement] this section [not later than the 2015-2016
|
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school year]. |
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(m) For a student subject to Section 39.025(f)(1): |
|
(1) for purposes of Subsection (a), this section |
|
applies only to an 11th or 12th grade student who has failed to |
|
comply with the end-of-course assessment instrument performance |
|
requirements under Section 39.025, as that section existed before |
|
amendment by __.B. ___, Acts of the 85th Legislature, Regular |
|
Session, 2017, for not more than two courses listed in Section |
|
39.023(c), as that section existed before amendment by _.B. ___, |
|
Acts of the 85th Legislature, Regular Session, 2017; |
|
(2) for purposes of the composition of an individual |
|
graduation committee under Subsection (b)(2), the committee shall |
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include the teacher of the course for each end-of-course assessment |
|
instrument described by Subdivision (1) for which the student |
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failed to perform satisfactorily; |
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(3) for purposes of Subsection (h)(1), an individual |
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graduation committee shall consider the recommendation of the |
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teacher described by Subdivision (2); and |
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(4) for purposes of Subsection (h)(2), an individual |
|
graduation committee shall consider the student's grade in each |
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course described by Subdivision (2). |
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(n) Subsection (m) and this subsection expire September 1, |
|
2023. |
|
SECTION 12. Section 29.081, Education Code, is amended by |
|
amending Subsections (b) and (b-1) and adding Subsection (b-4) to |
|
read as follows: |
|
(b) Each district shall provide accelerated instruction to |
|
a student enrolled in the district who has taken an [end-of-course] |
|
assessment instrument required [administered] under Section |
|
39.023(c) and has not performed satisfactorily on the assessment |
|
instrument or who is at risk of dropping out of school. |
|
(b-1) Each school district shall offer before the next |
|
scheduled administration of the assessment instrument, without |
|
cost to the student, additional accelerated instruction to each |
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student in any subject in which the student failed to perform |
|
satisfactorily on an [end-of-course] assessment instrument |
|
required for graduation. |
|
(b-4) Each time the agency designates or adopts an |
|
assessment instrument or test under Section 39.023(c), each school |
|
district shall use the performance data from the assessment |
|
instrument or test to modify as necessary the accelerated |
|
instructional services provided to students who have not performed |
|
satisfactorily on the assessment instrument or test. |
|
SECTION 13. Section 29.087(f), Education Code, is amended |
|
to read as follows: |
|
(f) A student participating in a program authorized by this |
|
section, other than a student ordered to participate under |
|
Subsection (d)(1), must have taken any [the] appropriate |
|
[end-of-course] assessment instrument [instruments] specified by |
|
Section 39.023(c) that is administered before the student enters |
|
[entering] the program and must take any [each] appropriate |
|
[end-of-course] assessment instrument that is administered during |
|
the period in which the student is enrolled in the program. Except |
|
for a student ordered to participate under Subsection (d)(1), a |
|
student participating in the program may not take the high school |
|
equivalency examination unless the student has taken the assessment |
|
instruments required by this subsection. |
|
SECTION 14. Section 29.402(b), Education Code, is amended |
|
to read as follows: |
|
(b) A person who is under 26 years of age is eligible to |
|
enroll in a dropout recovery program under this subchapter if the |
|
person: |
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(1) must complete not more than three course credits |
|
to complete the curriculum requirements for the foundation high |
|
school program for high school graduation; or |
|
(2) has failed to perform satisfactorily on: |
|
(A) an [end-of-course] assessment instrument |
|
required [administered] under Section 39.023(c); |
|
(B) an assessment instrument administered under |
|
Section 39.023(c) as that section existed before amendment by _.B. |
|
___, Acts of the 85th Legislature, Regular Session, 2017; or |
|
(C) an assessment instrument administered under |
|
Section 39.023(c) as that section existed before amendment by |
|
Chapter 1312 (S.B. 1031), Acts of the 80th Legislature, Regular |
|
Session, 2007. |
|
SECTION 15. Sections 39.023(a-2), (c-1), (c-3), (e), and |
|
(p), Education Code, as effective September 1, 2017, are amended to |
|
read as follows: |
|
(a-2) Except as required by federal law, a student is not |
|
required to be assessed in a subject otherwise assessed at the |
|
student's grade level under Subsection (a) if the student[:
|
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[(1)] is enrolled in a course in the subject intended |
|
for students above the student's grade level and will be |
|
administered an assessment instrument adopted or developed under |
|
Subsection (a) that aligns with the curriculum for the course in |
|
which the student is enrolled[; or
|
|
[(2)
is enrolled in a course in the subject for which
|
|
the student will receive high school academic credit and will be
|
|
administered an end-of-course assessment instrument adopted under
|
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Subsection (c) for the course]. |
|
(c-1) If the [The] agency develops an [shall develop any] |
|
assessment instrument required under this section, the agency shall |
|
develop the assessment instrument in a manner that allows for the |
|
measurement of annual improvement in student achievement as |
|
required by Sections 39.034(c) and (d). If the agency designates or |
|
adopts an assessment instrument under Subsection (c), the agency |
|
shall ensure that the performance data from the assessment |
|
instrument may be used for the measurement of annual improvement in |
|
student achievement as required by Sections 39.034(c) and (d). |
|
(c-3) In adopting a schedule for the administration of |
|
assessment instruments under this section, the State Board of |
|
Education shall require[:
|
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[(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
|
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[(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
|
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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]. |
|
(e) Under rules adopted by the State Board of Education, |
|
every third year, the agency shall release the questions and answer |
|
keys to each assessment instrument administered under Subsection |
|
(a), (b), [(c),] (d), or (l), excluding any assessment instrument |
|
administered to a student for the purpose of retaking the |
|
assessment instrument, after the last time the instrument is |
|
administered for that school year. To ensure a valid bank of |
|
questions for use each year, the agency is not required to release a |
|
question that is being field-tested and was not used to compute the |
|
student's score on the instrument. The agency shall also release, |
|
under board rule, each question that is no longer being |
|
field-tested and that was not used to compute a student's score. |
|
This subsection applies in the same manner to each administered |
|
assessment instrument adopted under Subsection (c) that is not a |
|
nationally recognized, norm-referenced assessment instrument or |
|
test [During the 2014-2015 and 2015-2016 school years, the agency
|
|
shall release the questions and answer keys to assessment
|
|
instruments as described by this subsection each year]. |
|
(p) On or before September 1 of each year, the commissioner |
|
shall make the following information available on the agency's |
|
Internet website for each assessment instrument administered under |
|
Subsection (a)[, (c),] or (l): |
|
(1) the number of questions on the assessment |
|
instrument; |
|
(2) the number of questions that must be answered |
|
correctly to achieve satisfactory performance as determined by the |
|
commissioner under Section 39.0241(a); and |
|
(3) [the number of questions that must be answered
|
|
correctly to achieve satisfactory performance under the college
|
|
readiness performance standard as provided by Section 39.0241; and
|
|
[(4)] the corresponding scale score [scores]. |
|
SECTION 16. Section 39.023, Education Code, is amended by |
|
amending Subsections (c), (c-2), (c-4), (c-5), (d), (f), (g), (h), |
|
and (i) and adding Subsections (h-1) and (p-1) to read as follows: |
|
(c) The agency shall also provide for [adopt end-of-course] |
|
assessment instruments for each federally required secondary-level |
|
subject, including mathematics, English language arts, and science |
|
[courses in Algebra I, biology, English I, English II, and United
|
|
States history]. To the extent practicable, the commissioner shall |
|
designate an appropriate, nationally recognized, norm-referenced |
|
assessment instrument, offered by a nationally recognized vendor, |
|
to assess students in two or more subjects identified under this |
|
subsection. If an appropriate, nationally recognized, |
|
norm-referenced assessment instrument is not available to assess |
|
all subjects identified under this section, the commissioner shall, |
|
for each subject not included, designate an appropriate, nationally |
|
recognized, norm-referenced specific subject test offered by a |
|
nationally recognized vendor. If an appropriate nationally |
|
recognized, norm-referenced multiple subject assessment instrument |
|
or an appropriate nationally recognized, norm-referenced specific |
|
subject test is not available to assess a specific subject, the |
|
commissioner shall adopt a specific subject assessment instrument |
|
for that subject. An [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 instrument or |
|
test designated or adopted under this subsection [instruments] must |
|
[each] assess essential knowledge and skills in the appropriate |
|
subject [in both reading and writing in the same assessment
|
|
instrument and must provide a single score]. Before the agency |
|
designates or adopts an assessment instrument or test, the agency |
|
shall develop evidence, through a peer review process, to |
|
demonstrate that the assessment instrument or test is aligned with |
|
the essential knowledge and skills for the appropriate subject. A |
|
school district shall comply with State Board of Education rules |
|
regarding administration of an [the] assessment instrument |
|
required under [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 |
|
or test 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-2) The agency may adopt [end-of-course] assessment |
|
instruments for secondary-level subjects [courses] not identified |
|
[listed] in Subsection (c). A student's performance on an |
|
[end-of-course] assessment instrument adopted under this |
|
subsection is not subject to the performance requirements |
|
established under [Subsection (c) or] Section 39.025. |
|
(c-4) To the extent practicable and subject to Section |
|
39.024, the agency shall ensure that each [end-of-course] |
|
assessment instrument designated or adopted under Subsection (c) |
|
is: |
|
(1) capable of measuring [developed in a manner that
|
|
measures] a student's performance under the college readiness |
|
standards established under Section 28.008; and |
|
(2) validated by national postsecondary education |
|
experts for college readiness content and performance standards. |
|
(c-5) A student's performance on an [end-of-course] |
|
assessment instrument required under Subsection (c) must be |
|
included in the student's academic achievement record. |
|
(d) The commissioner may participate in multistate efforts |
|
to develop voluntary standardized secondary-level [end-of-course] |
|
assessment instruments. [The commissioner by rule may require a
|
|
school district to administer an end-of-course assessment
|
|
instrument developed through the multistate efforts.] The |
|
admission, review, and dismissal committee of a student in a |
|
special education program under Subchapter A, Chapter 29, shall |
|
determine whether any allowable modification is necessary in |
|
administering to the student an [end-of-course] assessment |
|
instrument. |
|
(f) An [The] assessment instrument may not be designated or |
|
adopted under this section unless the assessment instrument is |
|
[instruments shall be] designed to include assessment of a |
|
student's problem-solving ability and complex-thinking skills |
|
using a method of assessing those abilities and skills that is |
|
demonstrated to be highly reliable. |
|
(g) A [The State Board of Education may adopt one
|
|
appropriate,] nationally recognized, norm-referenced multiple |
|
subject assessment instrument or nationally recognized, |
|
norm-referenced specific subject test designated by the agency |
|
under Subsection (c) [in reading and mathematics to be administered
|
|
to a selected sample of students in the spring. If adopted, a
|
|
norm-referenced assessment instrument] must be a secured test. The |
|
commissioner shall contract with a nationally recognized vendor to |
|
administer each assessment instrument or test described by this |
|
subsection, complete the scoring of each assessment instrument or |
|
test, and distribute within a reasonable period the results to the |
|
agency and the relevant results to each school district. As soon as |
|
practicable after the district receives the results from the vendor |
|
under this subsection, the district shall: |
|
(1) distribute the relevant results to each district |
|
campus; and |
|
(2) provide written notice to the student and the |
|
person standing in parental relation to the student that states the |
|
student's results and whether the student performed satisfactorily |
|
on the assessment instrument or test [The state may pay the costs of
|
|
purchasing and scoring the adopted assessment instrument and of
|
|
distributing the results of the adopted instrument to the school
|
|
districts. A district that administers the norm-referenced test
|
|
adopted under this subsection shall report the results to the
|
|
agency in a manner prescribed by the commissioner]. |
|
(h) Except as provided by Subsection (g), the [The] agency |
|
shall notify school districts and campuses of the results of |
|
assessment instruments administered under this section not later |
|
than the 21st day after the date the assessment instrument is |
|
administered. |
|
(h-1) A [The] school district shall disclose to each |
|
district teacher the results of assessment instruments |
|
administered to students taught by the teacher in the subject for |
|
the school year in which the assessment instrument is administered. |
|
(i) Except as provided by this subsection, the [The] |
|
provisions of this section[, except Subsection (d),] are subject to |
|
modification by rules adopted under Section 39.022. The provisions |
|
of Subsection (d) and the provisions requiring the agency to |
|
designate a nationally recognized, norm-referenced multiple |
|
subject assessment instrument or nationally recognized, |
|
norm-referenced specific subject test are not subject to |
|
modification by rules adopted under Section 39.022. Each |
|
assessment instrument adopted under [those] rules adopted under |
|
Section 39.022 and each assessment instrument required under |
|
Subsections (c) and [Subsection] (d) must be reliable and valid and |
|
must meet any applicable federal requirements for measurement of |
|
student progress. |
|
(p-1) On or before September 1 of each year, the |
|
commissioner shall make the following information available on the |
|
agency's Internet website for each assessment instrument required |
|
under Subsection (c) that is not a norm-referenced assessment |
|
instrument or test: |
|
(1) the number of questions on the assessment |
|
instrument; |
|
(2) the number of questions that must be answered |
|
correctly to achieve satisfactory performance as determined by the |
|
commissioner under Section 39.0241(a); |
|
(3) the number of questions that must be answered |
|
correctly to achieve satisfactory performance under the college |
|
readiness performance standard as provided by Section 39.0241; and |
|
(4) the corresponding scale score. |
|
SECTION 17. The heading to 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. |
|
SECTION 18. Sections 39.0232(a), (b), and (c), Education |
|
Code, are amended to read as follows: |
|
(a) To the extent practicable, the agency shall ensure that |
|
any high school [end-of-course] assessment instrument designated |
|
or adopted under Section 39.023(c) [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 required under Section 39.023(c) 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 criterion 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 required under Section |
|
39.023(c) in addition to other criteria. |
|
SECTION 19. Section 39.0234, Education Code, is amended by |
|
amending Subsection (a) and adding Subsection (b) to read as |
|
follows: |
|
(a) Except as provided by Subsection (b), the [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 by computer. |
|
(b) Subsection (a) does not apply to a nationally |
|
recognized, norm-referenced multiple subject assessment instrument |
|
or nationally recognized, norm-referenced specific subject test |
|
designated by the agency under Section 39.023(c). |
|
SECTION 20. Section 39.024(i), Education Code, is amended |
|
to read as follows: |
|
(i) The agency shall gather data and conduct research to |
|
substantiate any correlation between a certain level of performance |
|
by students on [end-of-course] assessment instruments required |
|
under Section 39.023(c) and success in: |
|
(1) military service; or |
|
(2) a workforce training, certification, or other |
|
credential program at a postsecondary educational institution that |
|
primarily offers associate degrees or certificates or credentials |
|
other than baccalaureate or advanced degrees. |
|
SECTION 21. Section 39.0241(a), Education Code, is amended |
|
to read as follows: |
|
(a) The commissioner shall determine the level of |
|
performance considered to be satisfactory on the assessment |
|
instruments. In determining the level of performance considered |
|
satisfactory on an assessment instrument required under Section |
|
39.023(c), the commissioner shall consult with the commissioner of |
|
higher education and the executive director of the Texas Workforce |
|
Commission. |
|
SECTION 22. Section 39.025, Education Code, is amended by |
|
amending Subsections (a), (a-1), (a-4), (b), (b-1), and (f) and |
|
adding Subsection (f-1) to read as follows: |
|
(a) The commissioner shall adopt rules requiring a student |
|
in the foundation high school program under Section 28.025 to be |
|
administered an [end-of-course] assessment instrument required |
|
under [listed in] Section 39.023(c) during the student's 10th or |
|
11th grade year [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 a scale score that |
|
indicates satisfactory performance, as determined by the |
|
commissioner under Section 39.0241(a), on each [end-of-course] |
|
assessment instrument administered to the student. [For each scale
|
|
score required under this subsection that is not based on a
|
|
100-point scale scoring system, the commissioner shall provide for
|
|
conversion, in accordance with commissioner rule, of the scale
|
|
score to an equivalent score based on a 100-point scale scoring
|
|
system.] A student may not receive a high school diploma until the |
|
student has performed satisfactorily on [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-1) A student enrolled in a college preparatory |
|
mathematics or English language arts course under Section 28.014 |
|
who satisfies the Texas Success Initiative (TSI) college readiness |
|
benchmarks prescribed by the Texas Higher Education Coordinating |
|
Board under Section 51.3062(f) on an assessment instrument |
|
designated by the Texas Higher Education Coordinating Board under |
|
Section 51.3062(c) administered at the end of the college |
|
preparatory mathematics or English language arts course satisfies |
|
the assessment requirement [requirements] concerning mathematics |
|
[and is exempt from the administration of the Algebra I] or [the
|
|
English I and] English language arts [II end-of-course assessment
|
|
instruments], as applicable, [as prescribed by Section 39.023(c),] |
|
even if the student did not perform satisfactorily on a previous |
|
administration of the applicable portion of a norm-referenced |
|
multiple subject assessment instrument or applicable |
|
norm-referenced specific subject test or [end-of-course] |
|
assessment instrument required under Section 39.023(c). A student |
|
who fails to perform satisfactorily on the assessment instrument |
|
designated by the Texas Higher Education Coordinating Board under |
|
Section 51.3062(c) administered as provided by this subsection may |
|
retake that assessment instrument for purposes of this subsection |
|
or may take the appropriate [end-of-course] assessment instrument |
|
required under Section 39.023(c). |
|
(a-4) The admission, review, and dismissal committee of a |
|
student in a special education program under Subchapter A, Chapter |
|
29, shall determine whether, to receive a high school diploma, the |
|
student is required to achieve satisfactory performance on |
|
[end-of-course] assessment instruments required under Section |
|
39.023(c). |
|
(b) Each time an [end-of-course] assessment instrument |
|
required [adopted] under Section 39.023(c) is administered, a |
|
student who failed to achieve a score requirement under Subsection |
|
(a) may retake the assessment instrument. A student is not required |
|
to retake a course as a condition of retaking an [end-of-course] |
|
assessment instrument. |
|
(b-1) A school district shall provide each student who fails |
|
to perform satisfactorily as determined by the commissioner under |
|
Section 39.0241(a) on an [end-of-course] assessment instrument |
|
required under Section 39.023(c) with accelerated instruction in |
|
the subject assessed by the assessment instrument. |
|
(f) The commissioner shall by rule adopt a transition plan |
|
to implement the amendments made by __.B. __, Acts of the 85th |
|
Legislature, Regular Session, 2017 [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 with |
|
assessment instruments designated or adopted under Section |
|
39.023(c). The rules must provide for the [end-of-course] |
|
assessment instruments designated or adopted under Section |
|
39.023(c) to be administered beginning with students entering the |
|
ninth grade during the 2018-2019 [2011-2012] school year. During |
|
the period under which the transition to [end-of-course] assessment |
|
instruments designated or adopted under Section 39.023(c) is made: |
|
(1) for students entering a grade above the ninth |
|
grade during the 2018-2019 [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 end-of-course assessment |
|
instruments required by Section 39.023(c) [39.023(a) or (c)], as |
|
that section existed before amendment by __.B. __, Acts of the 85th |
|
Legislature, Regular Session, 2017 [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: |
|
(A) the student complies with this section [has
|
|
performed satisfactorily on each required assessment instrument
|
|
administered under Section 39.023(c)] as it [that section] existed |
|
before amendment by __.B. __, Acts of the 85th Legislature, Regular |
|
Session, 2017; or |
|
(B) an individual graduation committee |
|
established under Section 28.0258 determines that the student is |
|
eligible to receive a high school diploma [Chapter 1312 (S.B.
|
|
No.
1031), Acts of the 80th Legislature, Regular Session, 2007]. |
|
(f-1) For purposes of Subsection (f), a reference in this |
|
code to an assessment instrument under Section 39.023(c) includes |
|
an end-of-course assessment instrument administered under Section |
|
39.023(c), as that section existed before amendment by __.B. __, |
|
Acts of the 85th Legislature, Regular Session, 2017. |
|
SECTION 23. Effective August 31, 2017, Section 39.025(a-2), |
|
Education Code, as added by Chapter 5 (S.B. 149), Acts of the 84th |
|
Legislature, Regular Session, 2015, is amended to read as follows: |
|
(a-2) Notwithstanding Subsection (a), a student who has |
|
failed to perform satisfactorily on [end-of-course] assessment |
|
instruments in the manner provided under this section may receive a |
|
high school diploma if the student has qualified for graduation |
|
under Section 28.0258. [This subsection expires September 1,
|
|
2017.] |
|
SECTION 24. Section 39.025(a-2), Education Code, as added |
|
by Chapter 1036 (H.B. 1613), Acts of the 84th Legislature, Regular |
|
Session, 2015, is amended to read as follows: |
|
(a-2) Unless an assessment instrument is the assessment |
|
instrument designated by the agency as the assessment instrument |
|
required under Section 39.023(c), the [The] commissioner shall |
|
determine a method by which a student's satisfactory performance on |
|
an advanced placement test, an international baccalaureate |
|
examination, an SAT Subject Test, the SAT, the ACT, or any |
|
nationally recognized norm-referenced assessment instrument used |
|
by institutions of higher education to award course credit based on |
|
satisfactory performance on the assessment instrument shall be used |
|
to satisfy the requirements concerning an [end-of-course] |
|
assessment instrument required under Section 39.023(c) in an |
|
equivalent subject [course] as prescribed by Subsection (a). |
|
Unless an assessment instrument is the assessment instrument |
|
designated by the agency as the assessment instrument required |
|
under Section 39.023(c), the [The] commissioner shall determine a |
|
method by which a student's satisfactory performance on the PSAT or |
|
the ACT-Plan shall be used to satisfy the requirements concerning |
|
an [end-of-course] assessment instrument required under Section |
|
39.023(c) in an equivalent subject [course] as prescribed by |
|
Subsection (a). A student who fails to perform satisfactorily on a |
|
test or other assessment instrument authorized under this |
|
subsection, other than the PSAT or the ACT-Plan, may retake that |
|
test or other assessment instrument for purposes of this subsection |
|
or may take the appropriate [end-of-course] assessment instrument |
|
required under Section 39.023(c). A student who fails to perform |
|
satisfactorily on the PSAT or the ACT-Plan must take the |
|
appropriate [end-of-course] assessment instrument required under |
|
Section 39.023(c). The commissioner shall adopt rules as necessary |
|
for the administration of this subsection. |
|
SECTION 25. Effective August 31, 2017, Section 39.025(a-3), |
|
Education Code, is amended to read as follows: |
|
(a-3) A student who, after retaking an end-of-course |
|
assessment instrument for Algebra I or English II, has failed to |
|
perform satisfactorily as required by Subsection (a), but who |
|
receives a score of proficient on the Texas Success Initiative |
|
(TSI) diagnostic assessment for the corresponding subject for which |
|
the student failed to perform satisfactorily on the end-of-course |
|
assessment instrument satisfies the requirement concerning the |
|
Algebra I or English II end-of-course assessment, as applicable. |
|
[This subsection expires September 1, 2017.] |
|
SECTION 26. Effective September 1, 2018, Section |
|
39.025(a-3), Education Code, is amended to read as follows: |
|
(a-3) A student who, after retaking an [end-of-course] |
|
assessment instrument for mathematics [Algebra I] or English |
|
language arts [II], has failed to perform satisfactorily as |
|
required by Subsection (a), but who receives a score of proficient |
|
on the Texas Success Initiative (TSI) diagnostic assessment for the |
|
corresponding subject for which the student failed to perform |
|
satisfactorily on the [end-of-course] assessment instrument |
|
satisfies the assessment requirement concerning mathematics [the
|
|
Algebra I] or English language arts [II end-of-course assessment], |
|
as applicable. [This subsection expires September 1, 2017.] |
|
SECTION 27. Sections 39.0261(a) and (b), Education Code, |
|
are amended to read as follows: |
|
(a) In addition to the assessment instruments otherwise |
|
authorized or required by this subchapter,[:
|
|
[(1)] each school year and at state cost, a school |
|
district shall administer to students in the spring of the eighth |
|
grade an established, valid, reliable, and nationally |
|
norm-referenced preliminary college preparation assessment |
|
instrument for the purpose of diagnosing the academic strengths and |
|
deficiencies of students before entrance into high school[;
|
|
[(2)
each school year and at state cost, a school
|
|
district shall administer to students in the 10th grade an
|
|
established, valid, reliable, and nationally norm-referenced
|
|
preliminary college preparation assessment instrument for the
|
|
purpose of measuring a student's progress toward readiness for
|
|
college and the workplace; and
|
|
[(3)
high school students in the spring of the 11th
|
|
grade or during the 12th grade may select and take once, at state
|
|
cost, one of the valid, reliable, and nationally norm-referenced
|
|
assessment instruments used by colleges and universities as part of
|
|
their undergraduate admissions processes]. |
|
(b) The agency shall: |
|
(1) select and approve vendors of the specific |
|
assessment instrument [instruments] administered under this |
|
section; and |
|
(2) provide reimbursement to a school district for all |
|
fees associated with the administration of the assessment |
|
instrument from funds appropriated for that purpose. |
|
SECTION 28. Section 39.034(d), Education Code, is amended |
|
to read as follows: |
|
(d) The agency shall determine the necessary annual |
|
improvement required each year for a student to be prepared to |
|
perform satisfactorily on, as applicable: |
|
(1) the grade five assessment instruments; |
|
(2) the grade eight assessment instruments; and |
|
(3) the [end-of-course] assessment instruments |
|
required under this subchapter for graduation. |
|
SECTION 29. Section 39.035, Education Code, is amended by |
|
amending Subsection (a) and adding Subsection (b-1) to read as |
|
follows: |
|
(a) Subject to Subsection (b) and except as provided by |
|
Subsection (b-1), the agency may conduct field testing of questions |
|
for any assessment instrument administered under Section |
|
39.023(a), (b), (c), (d), or (l) that is separate from the |
|
administration of the assessment instrument not more frequently |
|
than every other school year. |
|
(b-1) Subsection (a) does not apply to a nationally |
|
recognized, norm-referenced multiple subject assessment instrument |
|
or nationally recognized, norm-referenced specific subject test |
|
designated by the agency under Section 39.023(c). |
|
SECTION 30. The heading to Section 39.0381, Education Code, |
|
is amended to read as follows: |
|
Sec. 39.0381. AUDITING AND MONITORING PERFORMANCE UNDER |
|
CONTRACTS FOR ASSESSMENT INSTRUMENTS; CONTRACT REVIEW. |
|
SECTION 31. Section 39.0381, Education Code, is amended by |
|
adding Subsection (b-1) to read as follows: |
|
(b-1) Not later than 180 days before the date of the |
|
expiration of a contract related to an assessment instrument |
|
required under Section 39.023(c), the agency shall conduct a |
|
comprehensive review of the contract to evaluate entering into a |
|
renewal of the contract. In conducting a review under this |
|
subsection, the agency shall: |
|
(1) determine whether the vendor's performance |
|
compliance under the contract has met or exceeded the agency's |
|
performance standards; |
|
(2) determine whether the terms of the contract are |
|
sufficient to meet the continuing needs of the agency; and |
|
(3) identify any appropriate modifications to the |
|
terms of the contract. |
|
SECTION 32. Section 51.3062(q), Education Code, is amended |
|
to read as follows: |
|
(q) A student who has achieved scores set by the board on the |
|
questions developed for end-of-course assessment instruments under |
|
Section 39.0233(a), as that section existed before repeal by _.B. |
|
___, Acts of the 85th Legislature, Regular Session, 2017, is exempt |
|
from the requirements of this section. The exemption is effective |
|
for the three-year period following the date a student takes the |
|
last assessment instrument for purposes of this section and |
|
achieves the standard set by the board. This subsection does not |
|
apply during any period for which the board designates the |
|
questions developed for end-of-course assessment instruments under |
|
Section 39.0233(a), as that section existed before repeal by _.B. |
|
___, Acts of the 85th Legislature, Regular Session, 2017, as the |
|
primary assessment instrument under this section, except that the |
|
three-year period described by this subsection remains in effect |
|
for students who qualify for an exemption under this subsection |
|
before that period. |
|
SECTION 33. (a) Effective August 31, 2017, the following |
|
sections of the Education Code are repealed: |
|
(1) Section 28.0258(l); and |
|
(2) Section 28.0259(e). |
|
(b) Effective September 1, 2018, the following sections of |
|
the Education Code are repealed: |
|
(1) Section 39.023(c-6); |
|
(2) Section 39.0233; |
|
(3) Section 39.025(e-1); |
|
(4) Section 39.0261(e); |
|
(5) Section 39.053(d-1); and |
|
(6) Section 39.203(d). |
|
SECTION 34. (a) Except as provided by Subsection (b) of this |
|
section, this Act applies beginning with the 2018-2019 school year. |
|
(b) Subsection (a) of this section does not apply to a |
|
provision of this Act that is effective August 31, 2017. |
|
SECTION 35. Except as otherwise provided by this Act, 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. |