HB890 - Relating to the administration of assessment instruments to public school students.

  89R2178 MM-D     By: Vasut H.B. No. 890       A BILL TO BE ENTITLED   AN ACT   relating to the administration of assessment instruments to 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.  Sections 28.0211(a-1), (a-8), and (o), Education   Code, are amended to read as follows:          (a-1)  Each time a student fails to perform satisfactorily on   an assessment instrument administered under Section 39.023(a) or   (l) in the third, fourth, fifth, sixth, seventh, or eighth grade or   an [ end-of-course ] assessment instrument administered under   Section 39.023(c), other than an assessment instrument developed or   adopted based on alternative academic achievement standards, the   school district in which the student attends school shall provide   to the student accelerated instruction in the applicable subject   area during the subsequent summer or school year and, subject to   Subsections (a-7) and (a-8), either:                (1)  allow the student to be assigned a classroom   teacher who is certified as a master, exemplary, or recognized   teacher under Section 21.3521 for the subsequent school year in the   applicable subject area; or                (2)  provide the student supplemental instruction   under Subsection (a-4).          (a-8)  A school district may not be required to provide   supplemental instruction under Subsection (a-1)(2) to a student in   more than two subject areas per school year. If the district would   otherwise be required to provide supplemental instruction to a   student in more than two subject areas for a school year, the   district shall prioritize providing supplemental instruction to   the student in mathematics and reading[ , or Algebra I, English I, or   English II, as applicable, ] for that school year.          (o)  This section does not require the administration of an   [ 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.  Sections 28.025(b-4) and (c-8), Education Code,   are 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 ].          (c-8)  For purposes of Subsection (c-7), the admission,   review, and dismissal committee of a student in a special education   program under Subchapter A, Chapter 29, shall determine whether the   student is required to achieve satisfactory performance on an   [ end-of-course ] assessment instrument administered under Section   39.023(c) to earn an endorsement on the student's transcript.          SECTION 7.  Section 28.0258, Education Code, is amended by   amending Subsections (a), (b), (f), (h), (j), and (k) and adding   Subsections (m) and (n) to read as follows:          (a)  This section applies only to an 11th or 12th grade   student who has failed to comply with the [ end-of-course ]   assessment instrument performance requirements under Section   39.025 for not more than two subjects identified under Section   39.023(c) [ courses ].          (b)  For each student to whom this section applies, the   school district that the student attends shall establish an   individual graduation committee at the end of or after the   student's 11th grade year to determine whether the student may   qualify to graduate as provided by this section. A student may not   qualify to graduate under this section before the student's 12th   grade year. The committee shall be composed of:                (1)  the principal or principal's designee;                (2)  for each subject identified under Section   39.023(c) for [ end-of-course assessment instrument on ] which the   student failed to perform satisfactorily on the appropriate   corresponding required assessment instrument , a [ the ] teacher of   the student in that subject, designated by the principal [ course ];                (3)  the department chair or lead teacher supervising   the teacher described by Subdivision (2); and                (4)  as applicable:                      (A)  the student's parent or person standing in   parental relation to the student;                      (B)  a designated advocate described by   Subsection (c) if the person described by Paragraph (A) is unable to   serve; or                      (C)  the student, at the student's option, if the   student is at least 18 years of age or is an emancipated minor.          (f)  Notwithstanding any other law, a student's individual   graduation committee established under this section shall   recommend additional requirements by which the student may qualify   to graduate, including:                (1)  additional remediation; and                (2)  for each [ end-of-course ] assessment instrument   required under Section 39.023(c) on which the student failed to   perform satisfactorily:                      (A)  the completion of a project related to the   subject area [ of the course ] that demonstrates proficiency in the   subject area; or                      (B)  the preparation of a portfolio of work   samples in the subject area [ of the course ], including work samples   [ from the course ] that demonstrate proficiency in the subject area.          (h)  In determining whether a student for whom an individual   graduation committee is established is qualified to graduate, the   committee shall consider:                (1)  the recommendation of the student's teacher in   each course of the subject for which the student failed to perform   satisfactorily on an [ end-of-course ] assessment instrument;                (2)  the student's grade in each course of the subject   for which the student failed to perform satisfactorily on an   [ end-of-course ] assessment instrument;                (3)  the student's score on each [ end-of-course ]   assessment instrument required under Section 39.023(c) on which the   student failed to perform satisfactorily;                (4)  the student's performance on any additional   requirements recommended by the committee under Subsection (f);                (5)  the number of hours of remediation that the   student has attended, including[ :                      [ (A)     attendance in a college preparatory course   required under Section 39.025(b-2), if applicable; or                      [ (B) ]  attendance in and successful completion of   a transitional college course in reading or mathematics;                (6) &# [Text truncated for display. 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