S.B. No. 1031
 
 
 
 
AN ACT
  relating to public school accountability and the administration of
  certain assessment instruments in public schools; providing a
  criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (b), Section 18.006, 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
  [secondary exit-level] 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.  Subsection (b), Section 21.006, Education Code,
  is amended to read as follows:
         (b)  In addition to the reporting requirement under Section
  261.101, Family Code, the superintendent or director of a school
  district, regional education service center, or shared services
  arrangement shall notify the State Board for Educator Certification
  if the superintendent or director has reasonable cause to believe
  that:
               (1)  an educator employed by or seeking employment by
  the district, service center, or shared services arrangement has a
  criminal record;
               (2)  an educator's employment at the district, service
  center, or shared services arrangement was terminated based on a
  determination that the educator:
                     (A)  abused or otherwise committed an unlawful act
  with a student or minor;
                     (B)  possessed, transferred, sold, or distributed
  a controlled substance, as defined by Chapter 481, Health and
  Safety Code, or by 21 U.S.C. Section 801 et seq., and its subsequent
  amendments;
                     (C)  illegally transferred, appropriated, or
  expended funds or other property of the district, service center,
  or shared services arrangement;
                     (D)  attempted by fraudulent or unauthorized
  means to obtain or alter a professional certificate or license for
  the purpose of promotion or additional compensation; or
                     (E)  committed a criminal offense or any part of a
  criminal offense on school property or at a school-sponsored event;
  [or]
               (3)  the educator resigned and reasonable evidence
  supports a recommendation by the superintendent or director to
  terminate the educator based on a determination that the educator
  engaged in misconduct described by Subdivision (2); or
               (4)  the educator engaged in conduct that violated the
  assessment instrument security procedures established under
  Section 39.0301.
         SECTION 3.  Subsection (b), Section 25.005, 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 4.  Subsection (b), Section 29.081, Education Code,
  is 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
  [the secondary exit-level] assessment instrument administered
  under Section 39.023(c) and has not performed satisfactorily on the
  assessment instrument [each section] or who is at risk of dropping
  out of school.
         SECTION 5.  Subsection (f), Section 29.087, Education Code,
  as amended by Chapters 283 and 373, Acts of the 78th Legislature,
  Regular Session, 2003, is reenacted and 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) [39.023(a)
  for grade 9] before entering the program and must take each
  appropriate end-of-course [grade level] assessment instrument
  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 6.  Subsection (e), Section 30.021, Education Code,
  is amended to read as follows:
         (e)  The school shall cooperate with public and private
  agencies and organizations serving students and other persons with
  visual impairments in the planning, development, and
  implementation of effective educational and rehabilitative service
  delivery systems associated with educating students with visual
  impairments.  To maximize and make efficient use of state
  facilities, funding, and resources, the services provided in this
  area may include conducting a cooperative program with other
  agencies to serve students who have graduated from high school by
  completing all academic requirements applicable to students in
  regular education, excluding satisfactory performance under
  Section 39.025 [on the exit-level assessment instrument], who are
  younger than 22 years of age on September 1 of the school year and
  who have identified needs related to vocational training,
  independent living skills, orientation and mobility, social and
  leisure skills, compensatory skills, or remedial academic skills.
         SECTION 7.  Chapter 39, Education Code, is amended by adding
  Subchapter A to read as follows:
  SUBCHAPTER A. COMPREHENSIVE REVIEW OF PUBLIC SCHOOL ACCOUNTABILITY
  SYSTEM
         Sec. 39.001.  SELECT COMMITTEE ON PUBLIC SCHOOL
  ACCOUNTABILITY. (a)  The Select Committee on Public School
  Accountability is established to conduct a comprehensive review of
  the public school accountability system.
         (b)  The committee is composed of 15 members appointed as
  follows:
               (1)  the presiding officers of the standing committees
  of each house of the legislature with primary jurisdiction over
  public education;
               (2)  one member of the senate, appointed by the
  lieutenant governor;
               (3)  one member of the house of representatives,
  appointed by the speaker of the house of representatives;
               (4)  the commissioner;
               (5)  the commissioner of higher education;
               (6)  one public school teacher, one public school
  principal, and one public school district superintendent, each
  currently employed in this state and each appointed jointly by the
  lieutenant governor and the speaker of the house of
  representatives;
               (7)  two persons each of whom is currently employed as
  an educator in a public school in this state and each appointed
  jointly by the lieutenant governor and the speaker of the house of
  representatives;
               (8)  one representative from the business community or
  the public, appointed by the lieutenant governor;
               (9)  one representative from the business community or
  the public, appointed by the speaker of the house of
  representatives; and
               (10)  two representatives from the business community
  and the public, at least one of whom has one or more children who
  currently attend public school in this state, appointed by the
  governor.
         (c)  The governor, lieutenant governor, and speaker of the
  house of representatives shall make the appointments required by
  Subsection (b) in a timely fashion to permit the committee to comply
  with Section 39.002(a).
         Sec. 39.002.  COMMITTEE MEETINGS. (a)  Not later than
  October 1, 2007, the committee shall hold an organizational
  meeting.
         (b)  The presiding officers described by Section
  39.001(b)(1) serve as co-chairs of the committee.
         (c)  Committee meetings shall be held at the call of the
  co-chairs.
         Sec. 39.003.  COMPENSATION AND REIMBURSEMENT. (a)  A member
  of the committee is entitled to reimbursement for actual and
  necessary expenses incurred in performing committee duties.
         (b)  A legislative member of the committee is entitled to
  reimbursement from the appropriate fund of the house of the
  legislature in which the member serves.
         (c)  A member other than a legislative member is entitled to
  reimbursement from funds appropriated to the committee.
         Sec. 39.004.  COMMITTEE STAFF. Staff members of the
  standing committees described by Section 39.001(b)(1) shall serve
  as the staff of the committee.
         Sec. 39.005.  OBJECTIVES OF STUDY.  (a)  The committee shall
  conduct a comprehensive review of the public school accountability
  system.  In conducting its review, the committee shall study the
  mission, organizational structure, design, processes, and
  practices of similar accountability systems in other states and the
  requirements established by federal law.
         (b)  A review under this section must include a thorough
  study of:
               (1)  each element of the accountability system
  prescribed by this chapter, with special emphasis on:
                     (A)  the indicators used to determine
  accreditation status;
                     (B)  rewards and incentives for campus
  excellence; and
                     (C)  the responsibilities of the commissioner in
  assisting and, if necessary, imposing sanctions on districts that
  do not meet state performance standards;
               (2)  the extent to which the accountability system is
  aligned with the requirements prescribed by the No Child Left
  Behind Act of 2001 (20 U.S.C. Section 6301 et seq.);
               (3)  the extent to which the accountability system
  reflects the public education mission, objectives, and goals
  provided by Chapter 4;
               (4)  the extent to which the accountability system
  meets public expectations;
               (5)  the extent to which the accountability system
  fairly and accurately reports the effectiveness of educators,
  instructional programs, support services, and financial
  expenditures and the impact of these elements on student
  achievement;
               (6)  the methods available to monitor the progress of
  each public school student, with special emphasis on methods to
  monitor demonstrable growth in academic achievement;
               (7)  the performance indicators that would
  successfully measure the effectiveness of the campus teaching and
  learning environment, including the effect of student discipline on
  that environment;
               (8)  the effectiveness of the accountability system in
  reporting the performance of open-enrollment charter schools and
  alternative education programs;
               (9)  the implementation of statewide assessment
  instruments, including specifically end-of-course assessment
  instruments;
               (10)  the extent to which the accountability system
  measures the performance of districts and campuses on important
  indicators and aspects of the educational process, other than
  student scores on standardized assessment instruments;
               (11)  the extent to which the accountability system
  clearly and accurately reports to parents and interested persons
  the overall performance of districts and campuses; and
               (12)  the extent to which the accountability system
  considers the different student demographics of districts and
  campuses.
         (c)  The committee shall conduct public hearings throughout
  the state and solicit testimony about the accountability system
  from parents of public school children and other interested
  persons. At least one public hearing must be held at a public
  school during a time that public school students are able to attend
  the hearing.
         (d)  The commissioner shall ensure that the committee has
  access to any documentation and agency personnel the committee
  requests.
         (e)  The Legislative Budget Board, comptroller, state
  auditor, and any other state agency, official, or personnel shall
  cooperate with the committee in carrying out its duties under this
  subchapter.
         (f)  The committee may coordinate the study under this
  subchapter with any other legislative study, as appropriate.
         Sec. 39.006.  REPORT. (a)  Not later than December 1, 2008,
  the committee shall provide a report that:
               (1)  states the findings of the study conducted under
  this subchapter; and
               (2)  includes any recommendations for statutory
  changes.
         (b)  The report must be approved by a majority of the
  committee members.  A member who disagrees with any part of the
  report may attach a dissenting statement to the report.
         Sec. 39.007.  EXPIRATION. This subchapter expires January
  13, 2009.
         SECTION 8.  Section 39.023, Education Code, is amended by
  amending Subsections (a), (c), and (e) and adding Subsections
  (c-1), (c-2), (c-3), (c-4), (c-5), and (c-6) 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. All students, except 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 [grades] eight
  [through 11] with the aid of technology on any assessment
  instrument [instruments] that includes [include] algebra;
               (2)  reading, annually in grades three through eight 
  [nine];
               (3)  writing, including spelling and grammar, in grades
  four and seven;
               (4)  [English language arts, in grade 10;
               [(5)]  social studies, in grade [grades] eight [and
  10];
               (5) [(6)]  science, in grades five and[,] eight[, and
  10]; and
               (6) [(7)]  any other subject and grade required by
  federal law.
         (c)  The agency shall also adopt end-of-course [secondary
  exit-level] assessment instruments for secondary-level courses in
  Algebra I, Algebra II, geometry, biology, chemistry, physics,
  English I, English II, English III, world geography, world history,
  and United States history.  The Algebra I, Algebra II, and geometry
  end-of-course assessment instruments must be administered with the
  aid of technology.  A school district shall comply with State Board
  of Education rules regarding administration of the assessment
  instruments listed in this subsection and shall adopt a policy that
  requires a student's performance on an end-of-course assessment
  instrument for a course listed in this subsection in which the
  student is enrolled to account for 15 percent of the student's final
  grade for the course.  If a student retakes an end-of-course
  assessment instrument for a course listed in this subsection, as
  provided by Section 39.025, a school district is not required to use
  the student's performance on the subsequent administration or
  administrations of the assessment instrument to determine the
  student's final grade for the course [designed to be administered
  to students in grade 11 to assess essential knowledge and skills in
  mathematics, English language arts, social studies, and science.
  The mathematics section must include at least Algebra I and
  geometry with the aid of technology. The English language arts
  section must include at least English III and must include the
  assessment of essential knowledge and skills in writing.   The
  social studies section must include early American and United
  States history. The science section must include at least biology
  and integrated chemistry and physics. The assessment instruments
  must be designed to assess a student's mastery of minimum skills
  necessary for high school graduation and readiness to enroll in an
  institution of higher education]. 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 or
  whether the student should be exempted under Section 39.027(a)(2).
  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 [secondary exit-level]
  assessment instruments that complies with the requirements of
  Subsection (c-3). [Each student who did not perform satisfactorily
  on any secondary exit-level assessment instrument when initially
  tested shall be given multiple opportunities to retake that
  assessment instrument. A student who performs at or above a level
  established by the Texas Higher Education Coordinating Board on the
  secondary exit-level assessment instruments is exempt from the
  requirements of Section 51.306.]
         (c-1)  The agency shall develop any assessment instrument
  required under this section in a manner that allows for the
  measurement of annual improvement in student achievement as
  required by Sections 39.034(c) and (d).
         (c-2)  The agency may adopt end-of-course assessment
  instruments for courses not listed in Subsection (c). A student's
  performance on an end-of-course assessment instrument adopted
  under this subsection is not subject to the performance
  requirements established under Subsection (c) or Section 39.025.
         (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, English II, and English III must be
  permitted to occur at an earlier date.
         (c-4)  To the extent practicable, the agency shall ensure
  that each end-of-course assessment instrument adopted under
  Subsection (c) is:
               (1)  developed in a manner that measures a student's
  performance under the college readiness standards established
  under Section 28.008; and
               (2)  validated by national postsecondary education
  experts for college readiness content and performance standards.
         (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.
         (c-6)  In adopting an end-of-course assessment instrument
  under this section, the agency shall consider the use of an existing
  assessment instrument that is currently available.  The agency may
  use an existing assessment instrument that is currently available
  only if the assessment instrument:
               (1)  is aligned with the essential knowledge and skills
  of the subject being assessed; and
               (2)  allows for the measurement of annual improvement
  in student achievement as provided by Subsection (c-1).
         (e)  Under rules adopted by the State Board of Education,
  every third [other] year, the agency shall release the questions
  and answer keys to each assessment instrument administered under
  Subsection (a), (b), (c), (d), or (l) 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.
         SECTION 9.  Subchapter B, Chapter 39, Education Code, is
  amended by adding Sections 39.0233 and 39.0234 to read as follows:
         Sec. 39.0233.  SPECIAL-PURPOSE QUESTIONS INCLUDED IN
  END-OF-COURSE ASSESSMENT INSTRUMENTS.  (a)  The agency, in
  coordination with the Texas Higher Education Coordinating Board,
  shall adopt a series of questions to be included in an end-of-course
  assessment instrument administered under Section 39.023(c) to be
  used for purposes of Section 51.3062. The questions adopted under
  this subsection must be developed in a manner consistent with any
  college readiness standards adopted under Sections 39.113 and
  51.3062.
         (b)  In addition to the questions adopted under Subsection
  (a), the agency shall adopt a series of questions to be included in
  an end-of-course assessment instrument administered under Section
  39.023(c) to be used for purposes of identifying students who are
  likely to succeed in an advanced high school course. A school
  district shall notify a student who performs at a high level on the
  questions adopted under this subsection and the student's parent or
  guardian of the student's performance and potential to succeed in
  an advanced high school course. A school district may not require a
  student to perform at a particular level on the questions adopted
  under this subsection in order to be eligible to enroll in an
  advanced high school course.
         (c)  The State Board of Education shall establish a level of
  performance on the questions adopted under this section that
  indicates a student's college readiness.  A student's performance
  on the questions adopted under this section must be evaluated
  separately from the student's performance on the remainder of the
  assessment instrument. A student's performance on a question
  adopted under this section may not be used to determine the
  student's performance on the assessment instrument for purposes of
  Section 39.023 or 39.025. The commissioner shall adopt rules
  concerning the reporting of a student's performance on the
  questions adopted under this section.
         (d)  The questions adopted under this section must be
  administered in a separate section of the end-of-course assessment
  instrument in which the questions are included.
         Sec. 39.0234.  ADMINISTRATION OF ASSESSMENT INSTRUMENTS BY
  COMPUTER. (a)  The agency shall ensure that assessment instruments
  required under Section 39.023 are capable of being administered by
  computer.
         (b)  Not later than September 1, 2008, each school district
  shall provide the agency with data regarding the ability of the
  district to administer to students assessment instruments required
  under Section 39.023 by computer. The agency shall compile the data
  provided by school districts under this subsection into a report
  recommending a plan and timeline for enabling each district in this
  state to administer the assessment instruments by computer. Not
  later than December 1, 2008, the agency shall deliver the report to
  each member of the legislature. This subsection expires June 1,
  2009.
         SECTION 10.  Section 39.025, Education Code, is amended to
  read as follows:
         Sec. 39.025.  SECONDARY-LEVEL [EXIT-LEVEL] PERFORMANCE
  REQUIRED.  (a)  The commissioner shall adopt rules requiring a
  student participating in the recommended or advanced high school
  program to be administered each end-of-course assessment
  instrument listed in Section 39.023(c) and requiring a student
  participating in the minimum high school program to be administered
  an end-of-course assessment instrument listed in Section 39.023(c)
  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, in each subject in the foundation curriculum
  under Section 28.002(a)(1), a cumulative score that is at least
  equal to the product of the number of end-of-course assessment
  instruments administered to the student in that subject and 70,
  with each end-of-course assessment instrument scored on a scale of
  100. A student must achieve a score of at least 60 on an
  end-of-course assessment instrument for the score to count towards
  the student's cumulative score.  For purposes of this subsection, a
  student's cumulative score is determined using the student's
  highest score on each end-of-course assessment instrument
  administered to the student. A student may not receive a high
  school diploma until the student has performed satisfactorily on
  the end-of-course [secondary exit-level] assessment instruments in
  the manner provided under this subsection [for English language
  arts, mathematics, social studies, and science administered under
  Section 39.023(c)]. This subsection does not require a student to
  demonstrate readiness to enroll in an institution of higher
  education.
         (a-1)  The commissioner by rule shall determine a method by
  which a student's satisfactory performance on an advanced placement
  test, international baccalaureate examination, a Scholastic
  Assessment Test (SAT) Subject Test, or another assessment
  instrument determined by the commissioner to be at least as
  rigorous as an end-of-course assessment instrument adopted under
  Section 39.023(c) may be used as a factor in determining whether the
  student satisfies the requirements of Subsection (a), including the
  cumulative score requirement of that subsection.
         (b)  Each time an end-of-course [a secondary exit-level]
  assessment instrument is administered, a student who failed to
  achieve a score of at least 60 on the assessment instrument shall
  retake the assessment instrument. Any other student may retake an
  end-of-course assessment instrument for any reason. A student is
  not required to retake a course as a condition of retaking an
  end-of-course assessment instrument [a student who has not been
  given a high school diploma because of a failure to perform
  satisfactorily on the assessment instrument for that subject area
  may retake the assessment instrument].
         (b-1)  A school district shall provide each student who fails
  to achieve a score of at least 70 on an end-of-course assessment
  instrument with accelerated instruction in the subject assessed by
  the assessment instrument.
         (b-2)  If a school district determines that a student, on
  completion of grade 11, is unlikely to achieve the cumulative score
  requirements for one or more subjects prescribed by Subsection (a)
  for receiving a high school diploma, the district shall require the
  student to enroll in a corresponding content-area college
  preparatory course for which an end-of-course assessment
  instrument has been adopted, if available. A student who enrolls in
  a college preparatory course described by this subsection shall be
  administered an end-of-course assessment instrument for the
  course, with the end-of-course assessment instrument scored on a
  scale of 40. A student may use the student's score on the
  end-of-course assessment instrument for the college preparatory
  course towards satisfying the cumulative score requirements
  prescribed by Subsection (a).
         (c)  A student who has been denied a high school diploma
  under this section [Subsections (a) and (b)] and who subsequently
  performs at the level necessary to comply with the requirements of
  this section [satisfactorily on each secondary exit-level
  assessment instrument] shall be issued a high school diploma.
         (d)  Notwithstanding Subsection (a), the commissioner by
  rule shall adopt one or more alternative nationally recognized norm
  referenced assessment instruments under this section to administer
  to a student to qualify for a high school diploma if the student
  enrolls after January 1 of the school year in which the student is
  otherwise eligible to graduate:
               (1)  for the first time in a public school in this
  state; or
               (2)  after an absence of at least four years from any
  public school in this state.
         (e)  The commissioner shall establish a required performance
  level for an assessment instrument adopted under Subsection (d)
  that is at least as rigorous as the performance level required to be
  met under Subsection (a) [for the secondary exit-level assessment
  instrument for the same subject].
         (f)  The commissioner shall by rule adopt a transition plan
  to implement the amendments made by S.B. No. 1031, Acts of the 80th
  Legislature, Regular Session, 2007, to this section and Sections
  39.023(a) and (c) and 39.051(b)(5). The rules must provide for the
  end-of-course assessment instruments adopted under Section
  39.023(c) to be administered beginning with students entering the
  ninth grade 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 campus and district ratings under
  Subchapter D the assessment instruments required by Section
  39.023(a) or (c), as that section existed before amendment by
  S.B. No. 1031, Acts of the 80th Legislature, Regular Session, 2007;
  and
               (2)  the agency may defer releasing assessment
  instrument questions and answer keys as required by Section
  39.023(e) to the extent necessary to develop additional assessment
  instruments.
         (g)  Rules adopted under Subsection (f) must require that
  each student who will be subject to the requirements of Subsection
  (a) is entitled to notice of the specific requirements applicable
  to the student.  Notice under this subsection must be provided not
  later than the date the student enters the eighth grade.  Subsection
  (f) and this subsection expire September 1, 2015.
         SECTION 11.  Subchapter B, Chapter 39, Education Code, is
  amended by adding Sections 39.0261 and 39.0262 to read as follows:
         Sec. 39.0261.  COLLEGE PREPARATION ASSESSMENTS. (a)  In
  addition to the assessment instruments otherwise authorized or
  required by this subchapter:
               (1)  each school year and at state cost, a school
  district shall administer to students in the spring of the eighth
  grade an established, valid, reliable, and nationally
  norm-referenced preliminary college preparation assessment
  instrument for the purpose of diagnosing the academic strengths and
  deficiencies of students before entrance into high school;
               (2)  each school year and at state cost, a school
  district shall administer to students in the 10th grade an
  established, valid, reliable, and nationally norm-referenced
  preliminary college preparation assessment instrument for the
  purpose of measuring a student's progress toward readiness for
  college and the workplace; and
               (3)  high school students in the spring of the 11th
  grade or during the 12th grade may select and take once, at state
  cost, one of the valid, reliable, and nationally norm-referenced
  assessment instruments used by colleges and universities as part of
  their undergraduate admissions processes.
         (b)  The agency shall:
               (1)  select and approve vendors of the specific
  assessment instruments administered under this section; and
               (2)  pay all fees associated with the administration of
  the assessment instrument from funds allotted under the Foundation
  School Program, and the commissioner shall reduce the total amount
  of state funds allocated to each district from any source in the
  same manner described for a reduction in allotments under Section
  42.253.
         (c)  The agency shall ensure that vendors are not paid under
  Subsection (b) for the administration of an assessment instrument
  to a student to whom the assessment instrument is not actually
  administered. The agency may comply with this subsection by any
  reasonable means, including by creating a refund system under which
  a vendor returns any payment made for a student who registered for
  the administration of an assessment instrument but did not appear
  for the administration.
         (d)  A vendor that administers an assessment instrument for a
  district under this section shall report the results of the
  assessment instrument to the agency.  The agency shall:
               (1)  include a student's results on the assessment
  instrument in the electronic student records system established
  under Section 7.010; and
               (2)  ensure that a student and the student's parent
  receive a report of the student's results on the assessment
  instrument.
         (e)  Subsection (a)(3) does not prohibit a high school
  student in the spring of the 11th grade or during the 12th grade
  from selecting and taking, at the student's own expense, one of the
  valid, reliable, and nationally norm-referenced assessment
  instruments used by colleges and universities as part of their
  undergraduate admissions processes more than once.
         (f)  The provisions of this section apply only if the
  legislature appropriates funds for purposes of this section.
         Sec. 39.0262.  ADMINISTRATION OF DISTRICT-REQUIRED
  ASSESSMENT INSTRUMENTS IN CERTAIN SUBJECT AREAS. (a)  In a subject
  area for which assessment instruments are administered under
  Section 39.023, a school district may not administer
  district-required assessment instruments to any student on more
  than 10 percent of the instructional days in any school year.
         (b)  The prohibition prescribed by this section does not
  apply to the administration of a college preparation assessment
  instrument, an advanced placement test, an international
  baccalaureate examination, or an assessment instrument
  administered under Section 39.023.
         SECTION 12.  Subchapter B, Chapter 39, Education Code, is
  amended by adding Sections 39.0301, 39.0302, 39.0303, and 39.0304
  to read as follows:
         Sec. 39.0301.  SECURITY IN ADMINISTRATION OF ASSESSMENT
  INSTRUMENTS. (a)  The commissioner:
               (1)  shall establish procedures for the administration
  of assessment instruments adopted or developed under Section
  39.023, including procedures designed to ensure the security of the
  assessment instruments; and
               (2)  may establish record retention requirements for
  school district records related to the security of assessment
  instruments.
         (b)  The commissioner may develop and implement statistical
  methods and standards for identifying potential violations of
  procedures established under Subsection (a) to ensure the security
  of assessment instruments adopted or developed under Section
  39.023. In developing the statistical methods and standards, the
  commissioner may include indicators of:
               (1)  potential violations that are monitored annually;
  and
               (2)  patterns of inappropriate assessment practices
  that occur over time.
         (c)  The commissioner may establish one or more advisory
  committees to advise the commissioner and agency regarding the
  monitoring of assessment practices and the use of statistical
  methods and standards for identifying potential violations of
  assessment instrument security, including standards to be
  established by the commissioner for selecting school districts for
  investigation for a potential assessment security violation under
  Subsection (e). The commissioner may not appoint an agency
  employee to an advisory committee established under this
  subsection.
         (d)  Any document created for the deliberation of an advisory
  committee established under Subsection (c) or any recommendation of
  such a committee is confidential and not subject to disclosure
  under Chapter 552, Government Code. Except as provided by
  Subsection (e), the statistical methods and standards adopted under
  this section and the results of applying those methods and
  standards are confidential and not subject to disclosure under
  Chapter 552, Government Code.
         (e)  The agency may conduct an investigation of a school
  district for a potential violation of assessment instrument
  security in accordance with the standards described by Subsection
  (c). Each school year, after completing all investigations of
  school districts selected for investigation, the agency shall
  disclose the identity of each district selected for investigation
  and the statistical methods and standards used to select the
  district.
         (f)  At any time, the commissioner may authorize the audit of
  a random sample of school districts to determine the compliance of
  the districts with procedures established under Subsection (a).
  The identity of each school district selected for audit under this
  subsection is confidential and not subject to disclosure under
  Chapter 552, Government Code, except that the agency shall disclose
  the identity of each district after completion of the audit.
         (g)  The state auditor may conduct a risk-based audit of a
  school district at any time to ensure the security of assessment
  instruments administered under Section 39.023 in the district.
         Sec. 39.0302.  ISSUANCE OF SUBPOENAS. (a)  During an agency
  investigation or audit of a school district under Section
  39.0301(e) or (f), an accreditation investigation under Section
  39.075(a)(8), or an investigation by the State Board for Educator
  Certification of an educator for an alleged violation of an
  assessment instrument security procedure established under Section
  39.0301(a), the commissioner may issue a subpoena to compel the
  attendance of a relevant witness or the production, for inspection
  or copying, of relevant evidence that is located in this state.
         (b)  A subpoena may be served personally or by certified
  mail.
         (c)  If a person fails to comply with a subpoena, the
  commissioner, acting through the attorney general, may file suit to
  enforce the subpoena in a district court in this state. On finding
  that good cause exists for issuing the subpoena, the court shall
  order the person to comply with the subpoena. The court may punish
  a person who fails to obey the court order.
         (d)  All information and materials subpoenaed or compiled in
  connection with an investigation or audit described by Subsection
  (a):
               (1)  are confidential and not subject to disclosure
  under Chapter 552, Government Code; and
               (2)  are not subject to disclosure, discovery,
  subpoena, or other means of legal compulsion for release to any
  person other than:
                     (A)  the commissioner or the State Board for
  Educator Certification, as applicable;
                     (B)  agency employees or agents involved in the
  investigation, as applicable; and
                     (C)  the office of the attorney general, the state
  auditor's office, and law enforcement agencies.
         Sec. 39.0303.  SECURE ASSESSMENT INSTRUMENTS; CRIMINAL
  PENALTY. (a)  A person commits an offense if:
               (1)  the person intentionally discloses the contents of
  any portion of a secure assessment instrument developed or
  administered under this subchapter, including the answer to any
  item in the assessment instrument; and
               (2)  the disclosure affects or is likely to affect the
  individual performance of one or more students on the assessment
  instrument.
         (b)  An offense under this section is a Class C misdemeanor.
         Sec. 39.0304.  TRAINING IN ASSESSMENT INSTRUMENT
  ADMINISTRATION.  (a)  To ensure that each administration of
  assessment instruments under Section 39.023 is valid, reliable, and
  in compliance with the requirements of this subchapter, the
  commissioner may require training for school district employees
  involved in the administration of the assessment instruments.
         (b)  The training under Subsection (a) may include a
  qualifying component to ensure that school district employees
  involved in the administration of assessment instruments under
  Section 39.023 possess the necessary skills and knowledge required
  to administer the assessment instruments.
         (c)  The commissioner may adopt rules necessary to implement
  this section.
         SECTION 13.  Subsection (d), Section 39.034, 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 [pass] the end-of-course assessment
  instruments [exit-level assessment instrument] required under this
  subchapter for graduation. The agency shall report the necessary
  annual improvement required to the district. Each year, the report
  must state whether the student fell below, met, or exceeded the
  necessary target for improvement.
         SECTION 14.  Subchapter B, Chapter 39, Education Code, is
  amended by adding Sections 39.035, 39.0351, and 39.036 to read as
  follows:
         Sec. 39.035.  LIMITATION ON FIELD TESTING OF ASSESSMENT
  INSTRUMENTS.  (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.
         (b)  Subsection (a) does not limit field testing necessary to
  develop new assessment instruments required under state or federal
  law.
         (c)  Before the beginning of each school year, the agency
  shall notify each school district regarding the required
  participation of the district in field testing activities during
  that school year.
         Sec. 39.0351.  FIELD TESTING STUDY.  (a)  The agency shall
  conduct a study of the sample size and sample procedures used in
  field testing of questions for assessment instruments administered
  under Section 39.023.
         (b)  The study required by Subsection (a) must also examine
  the feasibility of conducting field testing that is separate from
  the administration of an assessment instrument in the fall of the
  school year.
         (c)  Not later than December 1, 2008, the agency shall submit
  a report regarding the results of the study to the legislature.
         (d)  This section expires January 1, 2009.
         Sec. 39.036.  VERTICAL SCALE FOR CERTAIN ASSESSMENT
  INSTRUMENTS. (a)  The agency shall develop a vertical scale for
  assessing student performance on assessment instruments
  administered under Sections 39.023(a)(1) and (2) in a manner that
  allows the agency to compare the performance of a student on the
  assessment instruments from one grade level to the next.
         (b)  The commissioner shall adopt rules necessary to
  implement this section.
         (c)  Not later than June 1, 2008, the agency shall develop a
  vertical scale as required by Subsection (a). The agency shall
  implement the vertical scale in the administration of assessment
  instruments under Sections 39.023(a)(1) and (2) beginning with the
  2008-2009 school year. This subsection expires September 1, 2009.
         SECTION 15.  Subsection (b), Section 39.051, Education Code,
  is amended to read as follows:
         (b)  Performance on the indicators adopted under this
  section shall be compared to state-established standards. The
  degree of change from one school year to the next in performance on
  each indicator adopted under this section shall also be considered.
  The indicators must be based on information that is disaggregated
  by race, ethnicity, gender, and socioeconomic status and must
  include:
               (1)  the results of assessment instruments required
  under Sections 39.023(a), (c), and (l), aggregated by grade level
  and subject area;
               (2)  dropout rates, including dropout rates and
  district completion rates for grade levels 9 through 12, computed
  in accordance with standards and definitions adopted by the
  National Center for Education Statistics of the United States
  Department of Education;
               (3)  high school graduation rates, computed in
  accordance with standards and definitions adopted in compliance
  with the No Child Left Behind Act of 2001 (Pub. L. No. 107-110);
               (4)  student attendance rates;
               (5)  the percentage of graduating students who attain
  scores on the questions developed for end-of-course [secondary
  exit-level] assessment instruments under Section 39.0233(a) 
  [required under Subchapter B] that are equivalent to a passing
  score on the assessment instrument required under Section 51.3062;
               (6)  the percentage of graduating students who meet the
  course requirements established for the recommended high school
  program by State Board of Education rule;
               (7)  the results of the Scholastic Assessment Test
  (SAT), the American College Test (ACT), articulated postsecondary
  degree programs described by Section 61.852, and certified
  workforce training programs described by Chapter 311, Labor Code;
               (8)  the percentage of students, aggregated by grade
  level, provided accelerated instruction under Section 28.0211(c),
  the results of assessments 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, and the performance of those students in the school
  year following that promotion on the assessment instruments
  required under Section 39.023;
               (9)  for students who have failed to perform
  satisfactorily on an assessment instrument required under Section
  39.023(a) or (c), the numerical progress of those students grouped
  by percentage on subsequent assessment instruments required under
  those sections, aggregated by grade level and subject area;
               (10)  the percentage of students exempted, by exemption
  category, from the assessment program generally applicable under
  this chapter;
               (11)  the percentage of students of limited English
  proficiency exempted from the administration of an assessment
  instrument under Sections 39.027(a)(3) and (4);
               (12)  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);
               (13)  the measure of progress toward preparation for
  postsecondary success; and
               (14)  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.
         SECTION 16.  Subsection (a), Section 39.075, Education Code,
  is amended to read as follows:
         (a)  The commissioner shall authorize special accreditation
  investigations to be conducted:
               (1)  when excessive numbers of absences of students
  eligible to be tested on state assessment instruments are
  determined;
               (2)  when excessive numbers of allowable exemptions
  from the required state assessment instruments are determined;
               (3)  in response to complaints submitted to the agency
  with respect to alleged violations of civil rights or other
  requirements imposed on the state by federal law or court order;
               (4)  in response to established compliance reviews of
  the district's financial accounting practices and state and federal
  program requirements;
               (5)  when extraordinary numbers of student placements
  in disciplinary alternative education programs, other than
  placements under Sections 37.006 and 37.007, are determined;
               (6)  in response to an allegation involving a conflict
  between members of the board of trustees or between the board and
  the district administration if it appears that the conflict
  involves a violation of a role or duty of the board members or the
  administration clearly defined by this code;
               (7)  when excessive numbers of students in special
  education programs under Subchapter A, Chapter 29, are assessed
  through assessment instruments developed or adopted under Section
  39.023(b); [or]
               (8)  in response to an allegation regarding or an
  analysis using a statistical method result indicating a possible
  violation of an assessment instrument security procedure
  established under Section 39.0301, including for the purpose of
  investigating or auditing a school district under that section; or
               (9)  as the commissioner otherwise determines
  necessary.
         SECTION 17.  Subsection (q), Section 51.3062, Education
  Code, is amended to read as follows:
         (q)  A student who has achieved scores [a score] set by the
  board on the questions developed for end-of-course assessment
  instruments [an exit-level assessment instrument required] under
  Section 39.0233(a) [39.023] is exempt from the requirements of this
  section. The exemption is effective for the three-year period
  following the date a student takes the last assessment instrument
  for purposes of this section 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 [exit-level assessment instrument required]
  under Section 39.0233(a) [39.023] as the primary assessment
  instrument under this section, except that the three-year period
  described by this subsection remains in effect for students who
  qualify for an exemption under this subsection [section] before
  that period.
         SECTION 18.  Subsection (j), Section 39.023, Education Code,
  is repealed.
         SECTION 19.  A reference in the Education Code to an
  end-of-course assessment instrument administered under Subsection
  (c), Section 39.023, Education Code, includes an exit-level
  assessment instrument administered under that section as provided
  by Subsection (f), Section 39.025, Education Code, as added by this
  Act.
         SECTION 20.  On the expiration of any contract entered into
  before September 1, 2007, between the Texas Education Agency and a
  vendor for the development of assessment instruments required under
  Section 39.023, Education Code, the Texas Education Agency shall
  issue a request for proposals for the development of end-of-course
  assessment instruments required under Subsection (c), Section
  39.023, Education Code, as amended by this Act. The Texas Education
  Agency may allow a vendor with whom the agency has contracted for
  the development of assessment instruments under Section 39.023,
  Education Code, before September 1, 2007, to begin developing
  end-of-course assessment instruments required under Subsection
  (c), Section 39.023, Education Code, as amended by this Act, before
  the expiration of the contract.
         SECTION 21.  Not later than September 1, 2011, the
  legislature shall enact a public school accountability system that
  is aligned with the provisions of this Act.
         SECTION 22.  Section 39.035, Education Code, as added by
  this Act, applies beginning with the 2008-2009 school year.
         SECTION 23.  (a)  Except as otherwise provided by this Act,
  this Act applies beginning with the 2007-2008 school year.
         (b)  Beginning with the 2007-2008 school year, the
  commissioner of education may conduct random audits as authorized
  under Subsection (f), Section 39.0301, Education Code, as added by
  this Act. Beginning with the 2008-2009 school year, the
  commissioner of education may conduct accreditation investigations
  as authorized under Subdivision (8), Subsection (a), Section
  39.075, Education Code, as added by this Act.
         (c)  During the 2008-2009 school year, the commissioner of
  education may use the statistical methods and standards established
  under Subsection (b), Section 39.0301, Education Code, as added by
  this Act, on a pilot basis to test the accuracy and predictive
  validity of the methods and standards. Pilot statistical methods
  and standards developed for use in the 2008-2009 school year are
  confidential and not subject to disclosure under Chapter 552,
  Government Code. Without releasing the pilot statistical methods,
  the commissioner of education shall release the results of any
  investigation conducted on the basis of those methods during the
  2008-2009 school year on completion of the investigation.
         SECTION 24.  This Act takes effect September 1, 2007.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1031 passed the Senate on
  April 19, 2007, by the following vote:  Yeas 30, Nays 0;
  May 18, 2007, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 22, 2007, House
  granted request of the Senate; May 26, 2007, Senate adopted
  Conference Committee Report by the following vote:  Yeas 30,
  Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1031 passed the House, with
  amendments, on May 15, 2007, by the following vote:  Yeas 145,
  Nays 0, one present not voting; May 22, 2007, House granted request
  of the Senate for appointment of Conference Committee;
  May 26, 2007, House adopted Conference Committee Report by the
  following vote:  Yeas 141, Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor