By: VanDeaver, et al. H.B. No. 515
        (Senate Sponsor - Taylor of Galveston)
         (In the Senate - Received from the House May 5, 2017;
  May 11, 2017, read first time and referred to Committee on
  Education; May 23, 2017, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 10, Nays 0;
  May 23, 2017, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 515 By:  Taylor of Galveston
 
 
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.  Subchapter A, Chapter 28, Education Code, is
  amended by adding Section 28.018 to read as follows:
         Sec. 28.0128.  REVIEW AND REPORT ON SOCIAL STUDIES
  CURRICULUM.  (a)  The State Board of Education shall review the
  alignment and coursework included in the required social studies
  curriculum provided to students in grades 8 through 12 to ensure
  that all students graduating from public high school have a
  sufficient understanding of:
               (1)  United States history;
               (2)  civics;
               (3)  the operation of federal and state governments;
  and
               (4)  the free enterprise system.
         (b)  If, in conducting the review, the State Board of
  Education determines that the required social studies curriculum is
  not sufficient, the board shall develop recommendations to realign
  coursework and curriculum.
         (c)  Not later than September 1, 2018, the State Board of
  Education shall submit to the governor, the lieutenant governor,
  the speaker of the house of representatives, and the standing
  legislative committees with primary jurisdiction over primary and
  secondary education a report on the results of the review conducted
  under Subsection (a) and any recommendations developed under
  Subsection (b).
         (d)  This section expires September 1, 2019.
         SECTION 2.  Section 39.023(e), Education Code, as effective
  September 1, 2017, is amended to read as follows:
         (e)  At least [Under rules adopted by the State Board of
  Education,] every third year, the agency shall release the
  questions and answer keys to each assessment instrument
  administered under Subsection (a), (b), (c), (d), or (l), excluding
  any assessment instrument administered to a student for the purpose
  of retaking the assessment instrument, after the last time the
  instrument is administered for that school year.  To ensure a valid
  bank of questions for use each year, the agency is not required to
  release a question that is being field-tested and was not used to
  compute the student's score on the instrument.  The agency shall
  also release[, under board rule,] each question that is no longer
  being field-tested and that was not used to compute a student's
  score.  [During the 2014-2015 and 2015-2016 school years, the
  agency shall release the questions and answer keys to assessment
  instruments as described by this subsection each year.]
         SECTION 3.  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 as required by Subsection (f)(2).  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 may
  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 an assessment instrument designated by the commissioner
  which must include, to the extent feasible, the SAT, the ACT, or the
  Texas Success Initiative (TSI) diagnostic assessment, or the
  assessment or assessments currently administered for graduation
  purposes. [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].  The district shall determine the assessment to be
  administered.
         (f-1)  The commissioner shall determine the level of
  performance considered to be satisfactory on an assessment
  instrument designated by the commissioner which must include, to
  the extent feasible, the SAT, the ACT, the Texas Success Initiative
  (TSI) diagnostic assessment, and or the assessment or assessments
  currently administered for graduation purposes 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 4.  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 5.  The following provision of the Education Code is
  repealed:
               (1)  Section 39.0238.
         SECTION 6.  This Act applies beginning with the 2017-2018
  school year.
         SECTION 7.  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.
 
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