86R9808 GCB-D
	By: Krause	H.B. No. 2113

	A BILL TO BE ENTITLED
	AN ACT
	relating to the academic 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 administered under [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
	administered [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 for the first time
	beginning with 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 each [end-of-course]
	assessment instrument selected [instruments listed] under Section
	39.023(c) by the school district [for courses] in which the student
	is [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:
	(A)  each assessment instrument selected under
	Section 39.023(c) by the school district in which the student is
	enrolled; or
	(B)  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 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 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 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, as
	applicable:
	(A)  an [end-of-course] assessment instrument
	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), (a-2), (c), (c-3), (c-5), (e), (g), (h),
	(i), and (p) and adding Subsections (h-1) and (q) 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, [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)  [writing, including spelling and grammar, in
	grades four and seven;
	[(4)  social studies, in grade eight;
	[(5)]  science, in grades five and eight; and
	(4) [(6)]  any other subject and grade required by
	federal law.
	(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 agency shall also provide for [adopt end-of-course]
	assessment instruments for each federally required secondary-level
	subject, including English language arts, mathematics, and
	science. The commissioner shall identify a procedure for a school
	district to select for the assessment of students under this
	subsection the Texas Success Initiative (TSI) diagnostic
	assessment or the SAT, the ACT, the PSAT, or the ACT-Plan or any
	other nationally recognized, norm-referenced secondary-level
	assessment instrument designated by the commissioner. Each school
	district shall select one or more assessment instruments for
	purposes of this subsection. A school district that selects more
	than one assessment instrument must administer uniformly to
	students in the district the same assessment instrument to satisfy
	the requirement for the same subject [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]. An [The English I and English II
	end-of-course] assessment instrument designated under this section
	[instruments] must [each] assess essential knowledge and skills in
	the appropriate subject [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 the assessment instruments under [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 administered [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 administered 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 or designated 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.
	(q)  Notwithstanding any provision of this section or other
	law, if changes made to the Every Student Succeeds Act (20 U.S.C.
	Section 6301 et seq.) reduce the number or frequency of assessment
	instruments required to be administered to students, the State
	Board of Education shall adopt rules reducing the number or
	frequency of assessment instruments administered to students under
	state law, and the commissioner shall ensure that students are not
	assessed in subject areas or in grades that are no longer required
	to meet the minimum requirements of that Act.
	SECTION 12.  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 13.  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
	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 administered 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 administered under Section
	39.023(c) in addition to other criteria.
	SECTION 14.  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 15.  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 16.  Section 39.025, Education Code, is amended by
	amending Subsections (a), (a-4), (b), and (b-1) and adding
	Subsection (f-3) 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 each [an end-of-course] assessment instrument
	selected under [listed in] Section 39.023(c) by the school district
	[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 each [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
	[end-of-course] assessment instruments administered under Section
	39.023(c).
	(b)  Each time an [end-of-course] assessment instrument
	[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
	administered under Section 39.023(c) with accelerated instruction
	[in the subject assessed by the assessment instrument].
	(f-3)  The commissioner shall by rule adopt a transition plan
	to implement the amendments made by __.B. ____, Acts of the 86th
	Legislature, Regular Session, 2019, replacing end-of-course
	assessment instruments with one or more assessment instruments
	selected by a school district under Section 39.023(c).  The rules
	must provide for each assessment instrument selected by a school
	district under Section 39.023(c) to be administered beginning with
	students enrolled in the ninth grade for the first time during the
	2019-2020 school year.  During the period under which the
	transition from end-of-course assessment instruments is made:
	(1)  for students entering a grade above the ninth
	grade during the 2019-2020 school year or students repeating ninth
	grade during the 2019-2020 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), as that section existed before amendment by __.B. ____,
	Acts of the 86th Legislature, Regular Session, 2019; and
	(2)  a student subject to Subdivision (1) may not
	receive a high school diploma unless the student has performed
	satisfactorily on:
	(A)  each required end-of-course 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
	(B)  each assessment instrument selected under
	Section 39.023(c) by the district in which the student is enrolled.
	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 this subchapter for graduation.
	SECTION 18.  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 19.  Section 39.203(c), Education Code, is amended
	to read as follows:
	(c)  In addition to the distinction designations described
	by Subsections (a) and (b), a campus that satisfies the criteria
	developed under Section 39.204 shall be awarded a distinction
	designation by the commissioner for outstanding performance in
	academic achievement in English language arts, mathematics, or
	science[, or social studies].
	SECTION 20.  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 21.  The following provisions of the Education Code
	are repealed:
	(1)  Sections 39.023(c-2), (c-4), (c-6), and (d);
	(2)  Section 39.0233;
	(3)  Section 39.024;
	(4)  Sections 39.025(a-1) and (e-1);
	(5)  Section 39.025(a-2), as added by Chapter 1036
	(H.B. 1613), Acts of the 84th Legislature, Regular Session, 2015;
	(6)  Section 39.053(d-1); and
	(7)  Section 39.203(d).
	SECTION 22.  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 23.  This Act applies beginning with the 2019-2020
	school year.
	SECTION 24.  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.