87R11582 GCB-F
 
  By: Bucy H.B. No. 3676
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to eliminating certain state-required end-of-course
  assessment instruments not required by federal law and eliminating
  graduation requirements based on satisfactory performance on
  certain end-of-course assessment instruments.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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, and
  English I[, English II, and United States history]. The Algebra I
  end-of-course assessment instrument must be administered with the
  aid of technology, but may include one or more parts that prohibit
  the use of technology. The English I [and English II]
  end-of-course assessment instrument [instruments] must [each]
  assess essential knowledge and skills in both reading and writing
  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. An end-of-course
  assessment instrument may be administered in multiple parts over
  more than one day. 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)  This subsection applies to end-of-course assessment
  instruments adopted under Subsection (c) for secondary-level
  courses in English II and United States history, as that subsection
  existed before amendment by __.B. No.___, Acts of the 87th
  Legislature, Regular Session, 2021. The agency may retain
  assessment instruments described by this subsection, but may not
  require a school district to administer those assessment
  instruments. A school district may choose to administer an
  assessment instrument described by this subsection. An assessment
  instrument described by this subsection administered by a school
  district may not be used for accountability purposes to measure the
  performance of the district or a district campus.
         SECTION 2.  Section 39.025, Education Code, is amended by
  amending Subsections (a-1) and (a-3) and adding Subsections (h),
  (i), and (j) to read as follows:
         (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 51.334 on an assessment instrument designated
  by the coordinating board under that section administered at the
  end of the college preparatory mathematics or English language arts
  course satisfies the requirements concerning and is exempt from the
  administration of the Algebra I or the English I [and English II]
  end-of-course assessment instrument [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 end-of-course assessment instrument. A student who
  fails to perform satisfactorily on the assessment instrument
  designated by the coordinating board under Section 51.334
  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.
         (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 mathematics [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, 2023.
         (h)  Notwithstanding Subsection (a), in order to receive a
  high school diploma, a student is not required to achieve a scale
  score that indicates satisfactory performance on an end-of-course
  assessment for secondary-level courses in English II or United
  States history after the effective date of ___.B. No. _____, Acts of
  the 87th Legislature, Regular Session, 2021, regardless of the date
  the student enters high school.
         (i)  Subject to Subsection (j), a school district or
  open-enrollment charter school policy that requires a student to
  demonstrate satisfactory performance on an end-of-course
  assessment for secondary-level courses in English II or United
  States history does not apply to a student of the district or school
  as of the effective date of ___.B. No. _____, Acts of the 87th
  Legislature, Regular Session, 2021, regardless of the date that
  student enters high school or whether the student is currently
  enrolled in high school.
         (j)  The board of trustees of a school district or the
  governing body of an open-enrollment charter school with a policy
  described by Subsection (i) may readopt the policy after the
  effective date of ___.B. No. _____, Acts of the 87th Legislature,
  Regular Session, 2021, to apply to district or charter school
  students enrolled in high school on or after the date the policy is
  readopted.
         SECTION 3.  This Act applies beginning with the 2021-2022
  school year.
         SECTION 4.  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, 2021.