86R96 GCB-D
 
  By: King of Hemphill H.B. No. 671
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to secondary-level assessment of public school students.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 18.006(b), Education Code, is amended to
  read as follows:
         (b)  In addition to other factors determined to be
  appropriate by the commissioner, the accountability system must
  include consideration of:
               (1)  student performance on the [end-of-course]
  assessment instruments required by Section 39.023(c); and
               (2)  dropout rates, including dropout rates and diploma
  program completion rates for the grade levels served by the diploma
  program.
         SECTION 2.  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 Section 39.025 through successful performance on
  comparable [end-of-course or other exit-level] assessment
  instruments administered in another state; and
               (2)  include appropriate criteria developed by the
  agency.
         SECTION 3.  Section 28.014(a), Education Code, is amended to
  read as follows:
         (a)  Each school district shall partner with at least one
  institution of higher education to develop and provide courses in
  college preparatory mathematics and English language arts.  The
  courses must be designed:
               (1)  for students at the 12th grade level whose
  performance on:
                     (A)  an [end-of-course] assessment instrument
  required under Section 39.023(c) does not meet college readiness
  standards; or
                     (B)  coursework, a college entrance examination,
  or an assessment instrument designated under Section 51.334
  indicates that the student is not ready to perform entry-level
  college coursework; and
               (2)  to prepare students for success in entry-level
  college courses.
         SECTION 4.  Section 28.0211(o), Education Code, is amended
  to read as follows:
         (o)  This section does not require the administration of
  a fifth [or eighth] grade assessment instrument in a subject under
  Section 39.023(a) to a student enrolled in the fifth [or eighth]
  grade[, as applicable,] if the student[:
               [(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
  Section 39.023(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
  Section 39.023(c) for the course].
         SECTION 5.  Section 28.023(c), Education Code, is amended to
  read as follows:
         (c)  A school district shall give a student in grade level
  six or above credit for a subject on the basis of an examination for
  credit in the subject approved by the board of trustees under
  Subsection (a) if the student scores in the 80th percentile or above
  on the examination or if the student achieves a score as provided by
  Subsection (c-1).  If a student is given credit in a subject on the
  basis of an examination, the district shall enter the examination
  score on the student's transcript [and the student is not required
  to take an end-of-course assessment instrument adopted under
  Section 39.023(c) for that subject].
         SECTION 6.  Section 28.025(b-4), Education Code, is 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 administered the applicable
  end-of-course assessment instrument as provided by Sections
  39.023(c) and 39.025].
         SECTION 7.  Section 28.0255, Education Code, is amended by
  amending Subsections (g) and (h) and adding Subsection (g-1) to
  read as follows:
         (g)  A student entering the ninth grade during the 2019-2020
  school year 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 the [end-of-course]
  assessment instrument required [instruments listed] under Section
  39.023(c) [for courses in which the student was enrolled].
         (g-1)  A student other than a student described by Subsection
  (g) 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 assessment instruments
  listed under Section 39.023(c), as that section existed before
  amendment by _.B. ___, Acts of the 86th Legislature, Regular
  Session, 2019, for courses in which the student was enrolled.
         (h)  For purposes of Subsections [Subsection] (g)(2) and
  (g-1)(2), the commissioner shall determine the level of
  satisfactory performance on applicable [end-of-course] assessment
  instruments administered to a student.
         SECTION 8.  Sections 29.081(b) and (b-1), Education Code,
  are amended 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
  student in any subject in which the student failed to perform
  satisfactorily on an [end-of-course] assessment instrument
  required for graduation.
         SECTION 9.  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) before
  entering the program and] must take the [each appropriate
  end-of-course] assessment instrument required under Section
  39.023(c) before or [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 instrument as [instruments]
  required by this subsection.
         SECTION 10.  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 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 86th Legislature, Regular Session, 2019; 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 11.  Section 39.023, Education Code, is amended by
  amending Subsections (a-2), (c), (c-3), (c-5), (e), (g), (h), (i),
  and (p) and by adding Subsection (h-1) 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[:
               [(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
  Subsection (c) for the course].
         (c)  The commissioner shall identify a procedure for a school
  district to select as a secondary-level assessment instrument the
  Texas Success Initiative (TSI) diagnostic assessment or a
  nationally recognized, norm-referenced assessment instrument,
  including the SAT or the ACT.  A school district shall require the
  administration of the secondary-level assessment instrument
  selected under this subsection to students in grade 11.  [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 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 an [the]
  assessment instrument 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 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-3)  In adopting a schedule for the administration of
  assessment instruments under this section, the State Board of
  Education shall require[:
               [(1)]  assessment instruments administered under
  Subsection (a) to be administered on a schedule so that the first
  assessment instrument is administered at least two weeks later than
  the date on which the first assessment instrument was administered
  under Subsection (a) during the 2006-2007 school year[; and
               [(2)     the spring administration of end-of-course
  assessment instruments under Subsection (c) to occur in each school
  district not earlier than the first full week in May, except that
  the spring administration of the end-of-course assessment
  instruments in English I and English II must be permitted to occur
  at an earlier date].
         (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.
         (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.
  [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.]
         (g)  An [The State Board of Education may adopt one
  appropriate, nationally recognized, norm-referenced] assessment
  instrument 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 vendor to administer
  the assessment instrument, complete the scoring of the assessment
  instrument, 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 [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)  The provisions of this section[, except Subsection
  (d),] are subject to modification by rules adopted under Section
  39.022. Each assessment instrument adopted under those rules [and
  each assessment instrument required under Subsection (d)] must be
  reliable and valid and must meet any applicable federal
  requirements for measurement of student progress.
         (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) and for the Texas Success Initiative
  (TSI) diagnostic assessment:
               (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 scores.
         SECTION 12.  Subchapter B, Chapter 39, Education Code, is
  amended by adding Section 39.02303 to read as follows:
         Sec. 39.02303.  SECONDARY-LEVEL ASSESSMENT PREPARATORY
  COURSE. Each school district shall require secondary-level
  students to attend, before the student is administered the
  assessment instrument required under Section 39.023(c), a course
  designed to prepare students to succeed on the assessment
  instrument required by the district.
         SECTION 13.  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 assessment instrument under Section
  39.023(c).
         SECTION 14.  Section 39.0241, Education Code, is amended by
  amending Subsection (a-1) and adding Subsection (a-2) to read as
  follows:
         (a-1)  The commissioner of education, in collaboration with
  the commissioner of higher education, shall determine the level of
  performance necessary to indicate college readiness[, as defined by
  Section 39.024(a)].
         (a-2)  In this section, "college readiness" means the level
  of preparation a student must attain in English language arts and
  mathematics courses to enroll and succeed, without remediation, in
  an entry-level general education course for credit in that same
  content area for a baccalaureate degree or associate degree program
  at:
               (1)  a general academic teaching institution, as
  defined by Section 61.003, other than a research institution, as
  categorized under the Texas Higher Education Coordinating Board's
  accountability system; or
               (2)  a postsecondary educational institution that
  primarily offers associate degrees or certificates or credentials
  other than baccalaureate or advanced degrees.
         SECTION 15.  Sections 39.025(a), (a-4), (b), (b-1), and (f),
  Education Code, are amended 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 during the student's 11th grade year an
  [end-of-course] assessment instrument selected under [listed in]
  Section 39.023(c) by the school district in which the student is
  enrolled [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 the [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 the [end-of-course]
  assessment instrument [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-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 the 
  [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 86th
  Legislature, Regular Session, 2019 [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 an
  assessment instrument under Section 39.023(c).  The rules must
  provide for an [the end-of-course] assessment instrument
  [instruments adopted] under Section 39.023(c) to be administered
  beginning with students enrolled in the ninth grade for the first
  time during the 2017-2018 [2011-2012] school year.  During the
  period under which the transition from [to] end-of-course
  assessment instruments is made:
               (1)  for students entering a grade above the ninth
  grade during the 2017-2018 [2011-2012] school year or students
  repeating ninth grade during the 2017-2018 [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
  86th Legislature, Regular Session, 2019 [Chapter 1312 (S.B.
  No.   1031), Acts of the 80th Legislature, Regular Session, 2007];
  and
               (2)  a student subject to Subdivision (1) may not
  receive a high school diploma unless the student has performed
  satisfactorily on the [SAT, the ACT, the Texas Success Initiative
  (TSI) diagnostic assessment, or the] current assessment instrument
  selected by a district under Section 39.023(c) [or instruments
  administered for graduation purposes as provided by Subsection
  (f-1)] or on each required assessment instrument administered under
  Section 39.023(c), as that section existed before amendment by
  __.B. ____, Acts of the 86th Legislature, Regular Session, 2019
  [Chapter 1312 (S.B. No.   1031), Acts of the 80th Legislature,
  Regular Session, 2007].
         SECTION 16.  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 17.  Section 39.035(a), Education Code, is amended
  to read as follows:
         (a)  Subject to Subsection (b), 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.
         SECTION 18.  Section 51.338(c), Education Code, is amended
  to read as follows:
         (c)  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 86th Legislature, Regular Session, 2019, is
  exempt from the requirements of this subchapter.  The exemption is
  effective for the three-year period following the date a student
  takes the last assessment instrument for purposes of this
  subchapter 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 86th Legislature, Regular
  Session, 2019, as the primary assessment instrument under this
  subchapter, 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 19.  Effective September 1, 2019, the following
  sections of the Education Code are repealed:
               (1)  Sections 39.023(c-2), (c-4), (c-6), and (d);
               (2)  Section 39.0232;
               (3)  Section 39.0233;
               (4)  Section 39.024;
               (5)  Sections 39.025(a-1), (e-1), (f-1), and (f-2);
               (6)  Section 39.025(a-2), as added by Chapter 1036
  (H.B. 1613), Acts of the 84th Legislature, Regular Session, 2015;
               (7)  Section 39.0261(e);
               (8)  Section 39.053(d-1); and
               (9)  Section 39.203(d).
         SECTION 20.  As soon as practicable after the effective date
  of this Act, each school district shall provide notice to an eighth
  grade student under Section 39.025(g), Education Code, informing
  the student of the specific requirements applicable to the student
  under Sections 39.023(c) and 39.025(a), Education Code, as amended
  by this Act.
         SECTION 21.  This Act applies beginning with the 2019-2020
  school year.
         SECTION 22.  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, 2019.