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A BILL TO BE ENTITLED
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AN ACT
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relating to the adoption and administration of certain assessment |
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instruments in primary and secondary education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 39.023(c) and (c-3), Education Code, |
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are amended to read as follows: |
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(c) Each school year a school district shall administer to |
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students in the 11th grade one or more Texas Success Initiative |
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(TSI)assessment instruments in reading, writing, and mathematics |
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approved by the Texas Higher Education Coordinating Board under |
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Section 51.3062(c), except that the commissioner may permit a |
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district to instead administer the Scholastic Assessment Test (SAT) |
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or the American College Test (ACT) if the commissioner determines |
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that administration of the alternate assessment instrument is |
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necessary. The agency shall also adopt end-of-course assessment |
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instruments for secondary-level courses in Algebra I, biology, |
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English I, [English II,] and United States history. The Algebra I |
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end-of-course assessment instrument must be administered with the |
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aid of technology. The English I [and English II] end-of-course |
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assessment instrument [instruments] must [each] assess essential |
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knowledge and skills in both reading and writing in the same |
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assessment instrument and must provide a single score. A school |
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district shall comply with State Board of Education rules regarding |
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administration of the assessment instruments listed in this |
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subsection. If a student is in a special education program under |
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Subchapter A, Chapter 29, the student's admission, review, and |
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dismissal committee shall determine whether any allowable |
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modification is necessary in administering to the student an |
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assessment instrument required under this subsection. The State |
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Board of Education shall administer the assessment instruments. |
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The State Board of Education shall adopt a schedule for the |
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administration of [end-of-course] assessment instruments under |
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this subsection that complies with the requirements of Subsection |
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(c-3). |
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(c-3) In adopting a schedule for the administration of |
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assessment instruments under this section, the State Board of |
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Education shall require: |
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(1) assessment instruments administered under |
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Subsection (a) to be administered on a schedule so that the first |
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assessment instrument is administered at least two weeks later than |
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the date on which the first assessment instrument was administered |
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under Subsection (a) during the 2006-2007 school year; and |
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(2) the spring administration of end-of-course |
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assessment instruments under Subsection (c) to occur in each school |
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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 |
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instruments in English I [and English II] must be permitted to occur |
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at an earlier date. |
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SECTION 2. Section 39.0238, Education Code, is amended to |
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read as follows: |
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(a) In addition to other assessment instruments adopted and |
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developed under this subchapter, the agency shall adopt or develop |
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appropriate postsecondary readiness assessment instruments for |
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Algebra II, English II, and English III that a school district may |
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administer at the district's option. |
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SECTION 3. Section 39.0241(a), Education Code, is amended |
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to read as follows: |
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(a) The commissioner shall determine the level of |
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performance considered to be satisfactory on the assessment |
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instruments. The commissioner shall consult with the commissioner |
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of the Higher Education Coordinating Board and the chairperson of |
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the Texas Workforce Commission in determining the level of student |
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performance that is considered satisfactory for the Texas Success |
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Initiative (TSI) assessment instruments or alternate assessment |
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instruments administered under Section 39.023(c). |
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SECTION 4. Sections 39.025(a), (a-1), (b), and (b-1), |
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Education Code, are amended to read as follows: |
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(a) The commissioner shall adopt rules requiring a student |
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in the foundation high school program under Section 28.025 to be |
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administered each [an end-of-course] assessment instrument listed |
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in Section 39.023(c), except that a student is not required to |
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complete an assessment instrument for a course in which the student |
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is not enrolled [only for a course in which the student is enrolled
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and for which an end-of-course assessment instrument is
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administered]. A student is required to achieve a scale score that |
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indicates satisfactory performance, as determined by the |
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commissioner under Section 39.0241(a), on each [end-of-course] |
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assessment instrument administered to the student. For each scale |
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score required under this subsection that is not based on a |
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100-point scale scoring system, the commissioner shall provide for |
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conversion, in accordance with commissioner rule, of the scale |
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score to an equivalent score based on a 100-point scale scoring |
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system. A student may not receive a high school diploma until the |
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student has performed satisfactorily on [end-of-course] assessment |
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instruments in the manner provided under this subsection. This |
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subsection does not require a student to demonstrate readiness to |
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enroll in an institution of higher education. |
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(a-1) A student enrolled in a college preparatory |
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mathematics or English language arts course under Section 28.014 |
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who satisfies the Texas Success Initiative (TSI) college readiness |
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benchmarks prescribed by the Texas Higher Education Coordinating |
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Board under Section 51.3062(f) on an assessment instrument |
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designated by the Texas Higher Education Coordinating Board under |
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Section 51.3062(c) administered at the end of the college |
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preparatory mathematics or English language arts course satisfies |
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the requirements concerning and is exempt from the administration |
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of the Algebra I or the English I [and English II] end-of-course |
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assessment instruments, as applicable, as prescribed by Section |
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39.023(c), even if the student did not perform satisfactorily on a |
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previous administration of the applicable end-of-course assessment |
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instrument. A student who fails to perform satisfactorily on the |
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assessment instrument designated by the Texas Higher Education |
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Coordinating Board under Section 51.3062(c) administered as |
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provided by this subsection may retake that assessment instrument |
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for purposes of this subsection or may take the appropriate |
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end-of-course assessment instrument. |
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(b) Each time an [end-of-course] assessment instrument |
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adopted under Section 39.023(c) is administered, a student who |
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failed to achieve a score requirement under Subsection (a) may |
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retake the assessment instrument. A student is not required to |
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retake a course as a condition of retaking an [end-of-course] |
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assessment instrument. |
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(b-1) A school district shall provide each student who fails |
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to perform satisfactorily as determined by the commissioner under |
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Section 39.0241(a) on an [end-of-course] assessment instrument |
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with accelerated instruction in the subject assessed by the |
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assessment instrument. |
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SECTION 5. Subchapter B, Chapter 39, Education Code, is |
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amended by adding Section 39.02341 to read as follows: |
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Sec. 39.02341. COMPUTER ADAPTIVE TESTING; PILOT PROGRAM. |
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(a) In this section, "computer adaptive testing" means a type of |
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assessment using algorithms or similar methods designed to adapt |
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the length and complexity of the assessment to the abilities and |
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performance of the person taking the assessment, with the goal of |
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increasing the efficiency, accuracy, and security of the |
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assessment. |
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(b) During the 2018-2019 and 2019-2020 school years, the |
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agency, in coordination with the Texas Higher Education |
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Coordinating Board and any entity that has been contracted to |
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develop or implement assessment instruments under Section 39.023, |
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shall establish a pilot program as provided by this section to |
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implement in designated school districts a system of computer |
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adaptive testing for the assessment of students in grades three |
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through eight. |
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(c) The agency shall designate school districts to |
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participate in the pilot program as provided by this subsection. |
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The pilot program must include at least one large urban district, |
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one medium-sized district, and one rural district. Each district |
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included must have a student enrollment that is representative of |
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diverse demographics and socioeconomic backgrounds. |
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(d) Not later than September 1, 2020, the agency shall |
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prepare and deliver to the governor, the lieutenant governor, the |
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speaker of the house of representatives, and the presiding officer |
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of each legislative standing committee with primary jurisdiction |
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over primary and secondary education a report that: |
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(1) evaluates the implementation and progress of the |
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pilot program under this section; and |
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(2) makes recommendations regarding the continuation |
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or expansion of the pilot program. |
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(e) The agency shall adopt rules as necessary to administer |
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this section. |
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(f) This section expires January 1, 2021. |
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SECTION 6. 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 7. 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) is not considered at least |
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satisfactory academic performance [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 8. Sections 29.081(b) and (b-1), Education Code, |
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are amended to read as follows: |
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(b) Each district shall provide accelerated instruction to |
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a student enrolled in the district who has taken an [end-of-course] |
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assessment instrument administered under Section 39.023(c) and has |
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not performed satisfactorily on the assessment instrument or who is |
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at risk of dropping out of school. |
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(b-1) Each school district shall offer before the next |
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scheduled administration of the assessment instrument, without |
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cost to the student, additional accelerated instruction to each |
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student in any subject in which the student failed to perform |
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satisfactorily on an [end-of-course] assessment instrument |
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required for graduation. |
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SECTION 9. Section 39.034(d), Education Code, is amended to |
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read as follows: |
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(d) The agency shall determine the necessary annual |
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improvement required each year for a student to be prepared to |
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perform satisfactorily on, as applicable: |
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(1) the grade five assessment instruments; |
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(2) the grade eight assessment instruments; and |
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(3) the [end-of-course] assessment instruments |
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required under this subchapter for graduation. |
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SECTION 10. Section 39.203(d), Education Code, is amended |
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to read as follows: |
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(d) In addition to the distinction designations otherwise |
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described by this section, the commissioner may award a distinction |
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designation for outstanding performance in advanced middle or |
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junior high school student achievement to a campus with a |
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significant number of students below grade nine who perform |
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satisfactorily on an [end-of-course] assessment instrument |
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administered under Section 39.023(c). |
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SECTION 11. This Act applies beginning with the 2018-2019 |
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school year. |
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SECTION 12. This Act takes effect immediately if it |
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receives a vote of two-thirds of all members elected to each house, |
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as provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |