By: VanDeaver H.B. No. 3104

A BILL TO BE ENTITLED

AN ACT

relating to the assessment of public school students in writing and English language arts.

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

SECTION 1. Section 18.005(c), Education Code, is amended to read as follows:

(c) A Job Corps diploma program shall:

(1) develop educational programs specifically designed for persons eligible for enrollment in a Job Corps training program established by the United States Department of Labor;

(2) coordinate educational programs and services in the diploma program with programs and services provided by the United States Department of Labor and other federal and state agencies and local political subdivisions and by persons who provide programs and services under contract with the United States Department of Labor;

(3) provide a course of instruction that includes the required curriculum under Subchapter A, Chapter 28;

(4) require that students enrolled in the diploma program satisfy the requirements of Sections 18.0055 and [Section] 39.025 before receiving a diploma under this chapter; and

(5) comply with a requirement imposed under this title or a rule adopted under this title relating to the Public Education Information Management System (PEIMS) to the extent necessary to determine compliance with this chapter, as determined by the commissioner.

SECTION 2. Chapter 18, Education Code, is amended by adding Section 18.0055 to read as follows:

Sec. 18.0055. LOCAL ASSESSMENT REQUIRED: WRITING. A Job Corps diploma program shall provide for the evaluation of student achievement in writing consistent with the requirements provided for school districts under Section 39.0264 for courses listed under Section 39.0264(b). A Job Corps diploma program shall provide for notice and reporting of performance of students assessed consistent with the requirements under Section 39.0264.

SECTION 3. Section 25.005(b), Education Code, is amended to read as follows:

(b) A reciprocity agreement must:

(1) address procedures for:

(A) transferring student records;

(B) awarding credit for completed course work; and

(C) permitting a student to satisfy the requirements of:

(i) Section 39.025 through successful performance on comparable end-of-course or other exit-level assessment instruments administered in another state; and

(ii) Section 39.0264(b) through successful performance under a method of assessment in another state determined by the school district in which the student attends to be comparable to or at least as rigorous as the method of assessment used by that district; and

(2) include appropriate criteria developed by the agency.

SECTION 4. Sections 28.025(b-4), (b-7), (c), and (d), Education Code, are amended to read as follows:

(b-4) A school district may offer the curriculum described in Subsections (b-1)(1) through (4) in an applied manner. Courses delivered in an applied manner must cover the essential knowledge and skills, and the student shall be:

(1) administered the applicable end-of-course assessment instrument as provided by Sections 39.023(c) and 39.025; and

(2) for an applicable course described by Subsection (b-1)(1), assessed as provided by Section 39.0264(b).

(b-7) The State Board of Education, in coordination with the Texas Higher Education Coordinating Board, shall adopt rules to ensure that a student may comply with the curriculum requirements under the foundation high school program or for an endorsement under Subsection (c-1) by successfully completing appropriate courses in the core curriculum of an institution of higher education under Section 61.822. Notwithstanding Subsection (b-15) or (c) of this section, Section 39.025 or 39.0264(b), or any other provision of this code and notwithstanding any school district policy, a student who has completed the core curriculum of an institution of higher education under Section 61.822, as certified by the institution in accordance with commissioner rule, is considered to have earned a distinguished level of achievement under the foundation high school program and is entitled to receive a high school diploma from the appropriate high school as that high school is determined in accordance with commissioner rule. A student who is considered to have earned a distinguished level of achievement under the foundation high school program under this subsection may apply for admission to an institution of higher education for the first semester or other academic term after the semester or other academic term in which the student completes the core curriculum.

(c) A person may receive a diploma if the person is eligible for a diploma under Section 28.0251. In other cases, a student may graduate and receive a diploma only if:

(1) the student successfully completes the curriculum requirements identified by the State Board of Education under Subsection (a) and complies with Sections [Section] 39.025 and 39.0264(b); or

(2) the student successfully completes an individualized education program developed under Section 29.005.

(d) A school district may issue a certificate of coursework completion to a student who successfully completes the curriculum requirements identified by the State Board of Education under Subsection (a) but who fails to comply with Section 39.025 or 39.0264(b). A school district may allow a student who receives a certificate to participate in a graduation ceremony with students receiving high school diplomas.

SECTION 5. Section 28.0255(g), Education Code, is amended to read as follows:

(g) A student is entitled to a high school diploma if the student:

(1) successfully complies with the curriculum requirements specified under Subsection (e); [and]

(2) performs satisfactorily, as determined by the commissioner under Subsection (h), on end-of-course assessment instruments listed under Section 39.023(c) for courses in which the student was enrolled; and

(3) demonstrates performance that indicates that the student has successfully achieved the essential knowledge and skills in writing, as determined by standards established by the board of trustees of the school district, for each course listed under Section 39.0264(b) in which the student is enrolled.

SECTION 6. 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 the appropriate end-of-course assessment instruments specified by Section 39.023(c) and been assessed for the appropriate courses as provided by Section 39.0264(b) before entering the program and must take each appropriate end-of-course assessment instrument administered during the period in which the student is enrolled in the program and be assessed for each appropriate course as provided by Section 39.0264(b) 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 and been assessed for the appropriate courses as provided by Section 39.0264(b) as required by this subsection.

SECTION 7. 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:

(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:

(A) perform satisfactorily on an end-of-course assessment instrument administered under Section 39.023(c) or 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; or

(B) demonstrate satisfactory performance under an assessment required by Section 39.0264(b).

SECTION 8. Section 30.021(e), Education Code, is amended to read as follows:

(e) The school shall cooperate with public and private agencies and organizations serving students and other persons with visual impairments in the planning, development, and implementation of effective educational and rehabilitative service delivery systems associated with educating students with visual impairments. To maximize and make efficient use of state facilities, funding, and resources, the services provided in this area may include conducting a cooperative program with other agencies to serve students who have graduated from high school by completing all academic requirements applicable to students in regular education, excluding satisfactory performance under Sections [Section] 39.025 and 39.0264(b), who are younger than 22 years of age on September 1 of the school year and who have identified needs related to vocational training, independent living skills, orientation and mobility, social and leisure skills, compensatory skills, or remedial academic skills.

SECTION 9. Sections 30.104(b) and (c), Education Code, are amended to read as follows:

(b) A student may graduate and receive a diploma from a Texas Juvenile Justice Department [Youth Commission] educational program if:

(1) the student successfully completes the curriculum requirements identified by the State Board of Education under Section 28.025(a) and complies with:

(A) Section 39.025; and

(B) Section 39.0264(b), including by demonstrating satisfactory performance under the method of assessment required by the school district granting the student academic course requirements for high school graduation for a course listed in Section 39.0264(b) that the student successfully completes in Texas Juvenile Justice Department educational programs; or

(2) the student successfully completes the curriculum requirements under Section 28.025(a) as modified by an individualized education program developed under Section 29.005.

(c) A Texas Juvenile Justice Department [Youth Commission] educational program may issue a certificate of course-work completion to a student who successfully completes the curriculum requirements identified by the State Board of Education under Section 28.025(a) but who fails to comply with Section 39.025 or

39.0264(b).

SECTION 10. Section 37.011, Education Code, is amended by amending Subsection (d) and adding Subsection (d-1) to read as follows:

(d) A juvenile justice alternative education program must focus on English language arts, mathematics, science, social studies, and self-discipline. Each school district shall consider course credit earned by a student while in a juvenile justice alternative education program as credit earned in a district school. Each program shall administer assessment instruments under Subchapter B, Chapter 39, shall assess students in applicable grades and courses as provided by Subsection (d-1), and shall offer a high school equivalency program. The juvenile board or the board's designee, with the parent or guardian of each student, shall regularly review the student's academic progress. In the case of a high school student, the board or the board's designee, with the student's parent or guardian, shall review the student's progress towards meeting high school graduation requirements and shall establish a specific graduation plan for the student. The program is not required to provide a course necessary to fulfill a student's high school graduation requirements other than a course specified by this subsection.

(d-1) A juvenile justice alternative education program shall provide for the evaluation of student achievement in writing consistent with the requirements provided for school districts under Section 39.0264. A juvenile justice alternative education program shall provide for notice and reporting of performance of students assessed consistent with the requirements under Section 39.0264.

SECTION 11. Section 39.023(a), Education Code, as effective until on or before 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, English language arts [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) English language arts [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 12. Section 39.023(a), Education Code, as effective on or before 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, English language arts [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, in grades three and five without the aid of technology and in grade eight with the aid of technology on any assessment instrument that includes algebra;

(2) reading, in grades three, five, and eight;

(3) English language arts [writing], including spelling and grammar, in grades four and seven;

(4) social studies, in grade eight; and

(5) science, in grades five and eight.

SECTION 13. Section 39.023(a), Education Code, as effective September 1, 2018, 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, English language arts [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) English language arts [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 14. Section 39.023, Education Code, is amended by adding Subsection (b-2) to read as follows:

(b-2) Notwithstanding any other provision of this section, a student in a special education program under Subchapter A, Chapter 29, may, with the approval of the student's parent or legal guardian, opt out of the administration of an assessment instrument in English language arts otherwise required under this section. If a student opts out of an assessment instrument in accordance with this subsection, the student's school district, in conjunction with the student's admission, review, and dismissal committee, shall adopt or develop an alternative assessment instrument in English language arts to be administered to the student. Assessment instruments adopted or developed under this subsection must be approved by the student's district superintendent.

SECTION 15. Section 39.023, Education Code, is amended by amending Subsection (c) and adding Subsection (q) 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, 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 language arts [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 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).

(q) The assessment of a student's writing is governed by Section 39.0264.

SECTION 16. Subchapter B, Chapter 39, Education Code, is amended by adding Section 39.0264 to read as follows:

Sec. 39.0264. LOCAL ASSESSMENT REQUIRED: WRITING. (a) To evaluate student achievement in writing, each school district shall assess students in grades four and seven and at the end of English I and English II secondary-level courses in accordance with the essential knowledge and skills for writing. A district may use any method the district determines appropriate for assessing students under this section, including portfolio assessment.

(b) A student assessed at the end of an English I or English II secondary-level course is required to demonstrate performance that indicates the student has successfully achieved the essential knowledge and skills in writing for the course as determined by standards established by the board of trustees of the school district the student attends. A student may not receive a high school diploma until the student has demonstrated satisfactory performance in the manner provided by this subsection.

(c) The school district a student attends shall provide written notice of the performance of a student assessed as required under this section to the student's parent or person standing in parental relation to the student.

(d) Each school year, each school district shall prepare a report of the performance of students assessed as required by this section. The report must include information regarding the aggregate student performance in each grade or course required by this section:

(1) for the district; and

(2) for each campus in the district.

(e) The report prepared under Subsection (d) must be:

(1) filed with:

(A) the agency; and

(B) the board of trustees of the school district; and

(2) posted on the district's Internet website.

(f) For an assessment required by this section, a school district is subject only to the notice and reporting requirements provided by this section.

SECTION 17. 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 Section 39.023 [this subchapter for graduation].

SECTION 18. Not later than September 1, 2018, the Texas Education Agency shall adopt or develop appropriate criterion-referenced assessment instruments designed to assess essential knowledge and skills in English language arts as required by Section 39.023, Education Code, as amended by this Act.

SECTION 19. This Act applies beginning with the 2017-2018 school year.

SECTION 20. 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.