85R24517 GCB-F
	By: VanDeaver, Isaac, Deshotel, Ashby,	H.B. No. 515
	Huberty, et al.
	Substitute the following for H.B. No. 515:
	By:  VanDeaver	C.S.H.B. No. 515

	A BILL TO BE ENTITLED
	AN ACT
	relating to assessment of public school students and providing
	accelerated instruction and eliminating performance requirements
	based on performance on certain assessment instruments.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Section 28.0211, Education Code,
	is amended to read as follows:
	Sec. 28.0211.  ACCELERATED LEARNING COMMITTEE [SATISFACTORY
	PERFORMANCE ON ASSESSMENT INSTRUMENTS REQUIRED]; ACCELERATED
	INSTRUCTION.
	SECTION 2.  Section 28.0211, Education Code, is amended by
	amending Subsections (a), (a-1), (a-3), (c), (f), (i), (k), and (n)
	and adding Subsection (f-1) to read as follows:
	(a)  A district shall establish an accelerated learning
	committee described by Subsection (c) for each student who does not
	perform satisfactorily on:
	(1)  the third grade mathematics or reading assessment
	instrument under Section 39.023;
	(2)  [Except as provided by Subsection (b) or (e), a
	student may not be promoted to:
	[(1)     the sixth grade program to which the student
	would otherwise be assigned if the student does not perform
	satisfactorily on] the fifth grade mathematics or [and] reading
	assessment instrument [instruments] under Section 39.023; or
	(3) [(2)     the ninth grade program to which the student
	would otherwise be assigned if the student does not perform
	satisfactorily on] the eighth grade mathematics or [and] reading
	assessment instrument [instruments] under Section 39.023.
	(a-1)  Each time a student fails to perform satisfactorily on
	an assessment instrument administered under Section 39.023(a) in
	the third, fourth, fifth, sixth, seventh, or eighth grade, the
	school district in which the student attends school shall provide
	to the student accelerated instruction in the applicable subject
	area. Accelerated instruction may require participation of the
	student before or after normal school hours, [and] may include
	participation at times of the year outside normal school
	operations, and may be provided to the student during the
	subsequent school year.
	(a-3)  The commissioner shall provide guidelines to
	districts on research-based best practices and effective
	strategies that a district may use in developing an accelerated
	instruction program. The commissioner may provide to districts
	available resources concerning research-based best practices and
	effective strategies that a district may use in developing an
	accelerated instruction program.
	(c)  [Each time a student fails to perform satisfactorily on
	an assessment instrument specified under Subsection (a), the school
	district in which the student attends school shall provide to the
	student accelerated instruction in the applicable subject area,
	including reading instruction for a student who fails to perform
	satisfactorily on a reading assessment instrument.] After a
	student fails to perform satisfactorily on an assessment instrument
	specified under Subsection (a) [a second time], an accelerated
	learning [a grade placement] committee shall be established [to
	prescribe the accelerated instruction the district shall provide to
	the student before the student is administered the assessment
	instrument the third time]. The accelerated learning [grade
	placement] committee shall be composed of the principal or the
	principal's designee, the student's parent or guardian, and the
	teacher of the subject of an assessment instrument on which the
	student failed to perform satisfactorily. The district shall
	notify the parent or guardian of the time and place for convening
	the accelerated learning [grade placement] committee and the
	purpose of the committee. [An accelerated instruction group
	administered by a school district under this section may not have a
	ratio of more than 10 students for each teacher.]
	(f)  An accelerated learning  [A school district shall
	provide to a student who, after three attempts, has failed to
	perform satisfactorily on an assessment instrument specified under
	Subsection (a) accelerated instruction during the next school year
	as prescribed by an educational plan developed for the student by
	the student's grade placement] committee described by [established
	under] Subsection (c) shall:
	(1)  develop an educational plan for the student that
	provides the necessary accelerated instruction for the student to
	achieve appropriate grade level performance; and
	(2)  provide other assistance to the student in
	accordance with a policy adopted by the district board of trustees
	prescribing the role of accelerated learning committees in that
	district. [The district shall provide that accelerated instruction
	regardless of whether the student has been promoted or retained.]
	(f-1)  The educational plan developed under Subsection
	(f)(1) must be designed to enable the student to perform at the
	appropriate grade level by the conclusion of the subsequent school
	year. During the school year, the student shall be monitored to
	ensure that the student is progressing in accordance with the plan.
	The district shall administer to the student the assessment
	instrument for the grade level in which the student is placed at the
	time the district regularly administers the assessment instruments
	for that school year.
	(i)  The admission, review, and dismissal committee of a
	student who participates in a district's special education program
	under Subchapter A [B], Chapter 29, and who does not perform
	satisfactorily on an assessment instrument specified under
	Subsection (a) and administered under Section 39.023(a) or (b)
	shall determine[:
	[(1)]  the manner in which the student will participate
	in an accelerated instruction program under this section[; and
	[(2)     whether the student will be promoted or retained
	under this section].
	(k)  The commissioner shall adopt rules as necessary to
	implement this section[, including rules concerning when school
	districts shall administer assessment instruments required under
	this section and which administration of the assessment instruments
	will be used for purposes of Section 39.054].
	(n)  A student who fails to perform satisfactorily on an
	assessment instrument specified under Subsection (a) and is
	promoted to the next grade level [by a grade placement committee
	under this section] must be assigned at that next grade level in
	each subject in which the student failed to perform satisfactorily
	on an assessment instrument specified under Subsection (a) to a
	teacher who meets all state and federal qualifications to teach
	that subject and grade.
	SECTION 3.  Section 39.023(a), Education Code, as effective
	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, 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; and
	(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 4.  Section 39.023(c), Education Code, is amended 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, and 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 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 agency
	[State Board of Education] shall administer the assessment
	instruments.  The commissioner, with input from school districts,
	[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).
	SECTION 5.  Section 39.023(c-3), Education Code, effective
	September 1, 2017, is amended to read as follows:
	(c-3)  The commissioner, with input from school districts,
	shall adopt [In adopting] a schedule for the administration of
	assessment instruments under this section that[, the State Board of
	Education shall require]:
	(1)  minimizes the disruption of classroom instruction
	[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)  maximizes available instruction time by
	scheduling the spring administration of [end-of-course] assessment
	instruments [under Subsection (c)] to occur as close to the end of
	the semester as possible [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].
	SECTION 6.  Section 39.02301, Education Code, is amended by
	amending Subsections (a), (b), (h), and (j) and adding Subsection
	(k) to read as follows:
	(a)  The [During the 2015-2016 school year, the] agency, in
	coordination with the entity that has been contracted to develop or
	implement assessment instruments under Section 39.023, shall
	conduct a study to develop a writing assessment method as an
	alternative to the writing assessment instruments required under
	Sections 39.023(a) and (c).  The writing assessment method must be
	designed to assess:
	(1)  a student's mastery of the essential knowledge and
	skills in writing through timed writing samples;
	(2)  improvement of a student's writing skills from the
	beginning of the school year to the end of the school year;
	(3)  a student's ability to follow the writing process
	from rough draft to final product; and
	(4)  a student's ability to produce more than one type
	of writing style.
	(b)  The [During the 2016-2017 and 2017-2018 school years,
	the] agency shall establish a pilot program as provided by this
	section to implement in designated school districts the writing
	assessment method developed under Subsection (a).
	(h)  [Not later than September 1, 2016, the agency shall
	prepare and deliver to the governor, the lieutenant governor, the
	speaker of the house of representatives, and the presiding officer
	of each legislative standing committee with primary jurisdiction
	over primary and secondary education a report covering the study of
	the development of the writing assessment method under Subsection
	(a).]  Not later than September 1 of each even-numbered year [in
	2017 and 2018], the agency shall prepare and deliver to the
	governor, the lieutenant governor, the speaker of the house of
	representatives, and the presiding officer of each legislative
	standing committee with primary jurisdiction over primary and
	secondary education a report that:
	(1)  evaluates the implementation and progress of the
	pilot program under this section; and
	(2)  makes recommendations regarding the continuation
	or expansion of the pilot program.
	(j)  Not later than September 1, 2021, the agency shall
	modify the method for assessing students in grades four and seven in
	writing based on the writing assessment method developed under this
	section.
	(k)  This section expires September 1, 2021 [2019].
	SECTION 7.  Section 39.025, Education Code, is amended by
	amending Subsections (c-1) and (f) and adding Subsection (f-1) to
	read as follows:
	(c-1)  A school district may not administer a general subject
	[an] assessment instrument required for graduation administered
	under this section as this section existed before September 1, 2007
	[1999].  A school district may administer to a student who failed to
	perform satisfactorily on an assessment instrument described by
	this subsection an alternate assessment instrument designated by
	the commissioner.  The commissioner shall determine the level of
	performance considered to be satisfactory on an alternate
	assessment instrument.  [The district may not administer to the
	student an assessment instrument or a part of an assessment
	instrument that assesses a subject that was not assessed in an
	assessment instrument required for graduation administered under
	this section as this section existed before September 1, 1999.]  The
	commissioner shall make available to districts information
	necessary to administer the alternate assessment instrument
	authorized by this subsection.  The commissioner's determination
	regarding designation of an appropriate alternate assessment
	instrument under this subsection and the performance required on
	the assessment instrument is final and may not be appealed.
	(f)  The commissioner shall by rule adopt a transition plan
	to implement the amendments made by 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.  The rules
	must provide for the end-of-course assessment instruments adopted
	under Section 39.023(c) to be administered beginning with students
	enrolled in [entering] the ninth grade for the first time during the
	2011-2012 school year.  During the period under which the
	transition to end-of-course assessment instruments is made:
	(1)  for students entering a grade above the ninth
	grade during the 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
	assessment instruments required by Section 39.023(a) or (c), as
	that section existed before amendment by 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, as determined by the commissioner under Subsection
	(f-1), on the SAT, the ACT, or the Texas Success Initiative (TSI)
	diagnostic assessment [each required assessment instrument
	administered under Section 39.023(c) as that section existed before
	amendment by Chapter 1312 (S.B. No.   1031), Acts of the 80th
	Legislature, Regular Session, 2007].
	(f-1)  The commissioner shall determine the level of
	performance considered to be satisfactory on the SAT, the ACT, and
	the Texas Success Initiative (TSI) diagnostic assessment for a
	student described by Subsection (f)(1) to qualify for a high school
	diploma. In determining satisfactory performance, the
	commissioner shall ensure that the level of performance determined
	under this subsection as satisfactory is equivalent to the level of
	performance required under Subsection (a) for satisfactory
	performance on an end-of-course assessment instrument.
	Notwithstanding Subsection (f), the commissioner is not required to
	retain, administer, or use assessment instruments described by
	Subsection (f)(1) after September 1, 2017.
	SECTION 8.  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 reading [English language arts],
	mathematics, or science[, or social studies].
	SECTION 9.  Section 39.301(c), Education Code, is amended to
	read as follows:
	(c)  Indicators for reporting purposes must include:
	(1)  the percentage of graduating students who meet the
	course requirements established by State Board of Education rule
	for:
	(A)  the foundation high school program;
	(B)  the distinguished level of achievement under
	the foundation high school program; and
	(C)  each endorsement described by Section
	28.025(c-1);
	(2)  the results of the SAT, ACT, articulated
	postsecondary degree programs described by Section 61.852, and
	certified workforce training programs described by Chapter 311,
	Labor Code;
	(3)  for students who have failed to perform
	satisfactorily, under each performance standard under Section
	39.0241, on an assessment instrument required under Section
	39.023(a) or (c), the performance of those students on subsequent
	assessment instruments required under those sections, aggregated
	by grade level and subject area;
	(4)  for each campus, the number of students,
	disaggregated by major student subpopulations, that take courses
	under the foundation high school program and take additional
	courses to earn an endorsement under Section 28.025(c-1),
	disaggregated by type of endorsement;
	(5)  the percentage of students, aggregated by grade
	level, provided accelerated instruction under Section 28.0211
	[28.0211(c)], the results of assessment instruments administered
	under that section, [the percentage of students promoted through
	the grade placement committee process under Section 28.0211,] the
	subject of the assessment instrument on which each student failed
	to perform satisfactorily under each performance standard under
	Section 39.0241, and the performance of those students in the
	subsequent school year [following that promotion] on the assessment
	instruments required under Section 39.023;
	(6)  the percentage of students of limited English
	proficiency exempted from the administration of an assessment
	instrument under Sections 39.027(a)(1) and (2);
	(7)  the percentage of students in a special education
	program under Subchapter A, Chapter 29, assessed through assessment
	instruments developed or adopted under Section 39.023(b);
	(8)  the percentage of students who satisfy the college
	readiness measure;
	(9)  the measure of progress toward dual language
	proficiency under Section 39.034(b), for students of limited
	English proficiency, as defined by Section 29.052;
	(10)  the percentage of students who are not
	educationally disadvantaged;
	(11)  the percentage of students who enroll and begin
	instruction at an institution of higher education in the school
	year following high school graduation; and
	(12)  the percentage of students who successfully
	complete the first year of instruction at an institution of higher
	education without needing a developmental education course.
	SECTION 10.  Section 51.3062(q-1), Education Code, is
	amended to read as follows:
	(q-1)  A student who has demonstrated the performance
	standard for college readiness as provided by Section 28.008 on the
	postsecondary readiness assessment instruments adopted under
	Section 39.0238 for Algebra II and English III, as that section
	existed before repeal by H.B. 515, Acts of the 85th Legislature,
	Regular Session, 2017, is exempt from the requirements of this
	section with respect to those content areas.  The commissioner of
	higher education by rule shall establish the period for which an
	exemption under this subsection is valid.
	SECTION 11.  The following provisions of the Education Code
	are repealed:
	(1)  Sections 28.0211(a-2), (b), (d), (e), (m), and
	(m-1); and
	(2)  Section 39.0238.
	SECTION 12.  This Act applies beginning with the 2017-2018
	school year.
	SECTION 13.  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.