H.B. No. 2135
 
 
 
 
AN ACT
  relating to the administration of end-of-course and other
  assessment instruments to certain public school students enrolled
  below the high school level.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 28.021(c), Education Code, is amended to
  read as follows:
         (c)  In determining promotion under Subsection (a), a school
  district shall consider:
               (1)  the recommendation of the student's teacher;
               (2)  the student's grade in each subject or course;
               (3)  the student's score on an assessment instrument
  administered under Section 39.023(a), (b), or (l), to the extent
  applicable; and
               (4)  any other necessary academic information, as
  determined by the district.
         SECTION 2.  Section 28.0211, Education Code, is amended by
  adding Subsections (o) and (p) 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.
         (p)  Notwithstanding any other provision of this section, a
  student described by Subsection (o) may not be denied promotion on
  the basis of failure to perform satisfactorily on an assessment
  instrument not required to be administered to the student in
  accordance with that subsection.
         SECTION 3.  Section 39.023, Education Code, is amended by
  amending Subsection (a) and adding Subsection (a-2) 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 [All] students, other than [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 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
               (6)  any other subject and grade required by federal
  law.
         (a-2)  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.
         SECTION 4.  Section 39.025, Education Code, is amended by
  adding Subsection (e-1) to read as follows:
         (e-1)  Nothing in this section has the effect of prohibiting
  the administration of an end-of-course assessment instrument
  listed in Section 39.023(c) to a student enrolled below the high
  school level who is enrolled in the course for which the assessment
  instrument is adopted. The commissioner shall adopt rules
  necessary to ensure that the student's performance on the
  assessment instrument is considered in the same manner for purposes
  of this section as the performance of a student enrolled at the high
  school level.
         SECTION 5.  Section 39.053, Education Code, is amended by
  adding Subsection (d-1) to read as follows:
         (d-1)  In aggregating results of assessment instruments
  across grade levels by subject in accordance with Subsection
  (c)(1), the performance of a student enrolled below the high school
  level on an assessment instrument required under Section 39.023(c)
  is included with results relating to other students enrolled at the
  same grade level.
         SECTION 6.  Section 39.203, Education Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  In addition to the distinction designations otherwise
  described by this section, the commissioner may award a distinction
  designation to a campus with a significant number of students below
  grade nine who perform satisfactorily on an end-of-course
  assessment instrument administered under Section 39.023(c).
         SECTION 7.  This Act applies beginning with the 2011-2012
  school year.
         SECTION 8.  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, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2135 was passed by the House on April
  26, 2011, by the following vote:  Yeas 148, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2135 on May 23, 2011, by the following vote:  Yeas 144, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2135 was passed by the Senate, with
  amendments, on May 21, 2011, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor