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A BILL TO BE ENTITLED
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AN ACT
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relating to assessment of public school students and providing |
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accelerated instruction and eliminating performance requirements |
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based on performance on certain assessment instruments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 28, Education Code, is |
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amended by adding Section 28.018 to read as follows: |
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Sec. 28.0128. REVIEW AND REPORT ON SOCIAL STUDIES |
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CURRICULUM. (a) The State Board of Education shall review the |
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alignment and coursework included in the required social studies |
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curriculum provided to students in grades 8 through 12 to ensure |
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that all students graduating from public high school have a |
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sufficient understanding of: |
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(1) United States history; |
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(2) civics; |
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(3) the operation of federal and state governments; |
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and |
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(4) the free enterprise system. |
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(b) If, in conducting the review, the State Board of |
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Education determines that the required social studies curriculum is |
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not sufficient, the board shall develop recommendations to realign |
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coursework and curriculum. |
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(c) Not later than September 1, 2018, the State Board of |
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Education shall submit to the governor, the lieutenant governor, |
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the speaker of the house of representatives, and the standing |
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legislative committees with primary jurisdiction over primary and |
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secondary education a report on the results of the review conducted |
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under Subsection (a) and any recommendations developed under |
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Subsection (b). |
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(d) This section expires September 1, 2019. |
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SECTION 2. Section 39.023(e), Education Code, as effective |
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September 1, 2017, is amended to read as follows: |
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(e) At least [Under rules adopted by the State Board of
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Education,] every third year, the agency shall release the |
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questions and answer keys to each assessment instrument |
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administered under Subsection (a), (b), (c), (d), or (l), excluding |
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any assessment instrument administered to a student for the purpose |
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of retaking the assessment instrument, after the last time the |
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instrument is administered for that school year. To ensure a valid |
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bank of questions for use each year, the agency is not required to |
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release a question that is being field-tested and was not used to |
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compute the student's score on the instrument. The agency shall |
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also release[, under board rule,] each question that is no longer |
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being field-tested and that was not used to compute a student's |
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score. [During the 2014-2015 and 2015-2016 school years, the
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agency shall release the questions and answer keys to assessment
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instruments as described by this subsection each year.] |
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SECTION 3. Section 39.025, Education Code, is amended by |
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amending Subsections (c-1) and (f) and adding Subsection (f-1) to |
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read as follows: |
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(c-1) A school district may not administer a general subject |
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[an] assessment instrument required for graduation administered |
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under this section as this section existed before September 1, 2007 |
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[1999]. A school district may administer to a student who failed to |
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perform satisfactorily on an assessment instrument described by |
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this subsection an alternate assessment instrument designated by |
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the commissioner as required by Subsection (f)(2). The |
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commissioner shall determine the level of performance considered to |
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be satisfactory on an alternate assessment instrument. [The
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district may not administer to the student an assessment instrument
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or a part of an assessment instrument that assesses a subject that
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was not assessed in an assessment instrument required for
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graduation administered under this section as this section existed
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before September 1, 1999.] The commissioner shall make available |
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to districts information necessary to administer the alternate |
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assessment instrument authorized by this subsection. The |
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commissioner's determination regarding designation of an |
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appropriate alternate assessment instrument under this subsection |
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and the performance required on the assessment instrument is final |
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and may not be appealed. |
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(f) The commissioner shall by rule adopt a transition plan |
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to implement the amendments made by Chapter 1312 (S.B. No. 1031), |
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Acts of the 80th Legislature, Regular Session, 2007, replacing |
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general subject assessment instruments administered at the high |
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school level with end-of-course assessment instruments. The rules |
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must provide for the end-of-course assessment instruments adopted |
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under Section 39.023(c) to be administered beginning with students |
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enrolled in [entering] the ninth grade for the first time during the |
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2011-2012 school year. During the period under which the |
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transition to end-of-course assessment instruments is made: |
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(1) for students entering a grade above the ninth |
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grade during the 2011-2012 school year, the commissioner shall may |
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retain, administer, and use for purposes of accreditation and other |
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campus and district accountability measures under this chapter the |
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assessment instruments required by Section 39.023(a) or (c), as |
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that section existed before amendment by Chapter 1312 (S.B. |
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No. 1031), Acts of the 80th Legislature, Regular Session, 2007; and |
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(2) a student subject to Subdivision (1) may not |
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receive a high school diploma unless the student has performed |
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satisfactorily, as determined by the commissioner under Subsection |
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(f-1), on an assessment instrument designated by the commissioner |
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which must include, to the extent feasible, the SAT, the ACT, or the |
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Texas Success Initiative (TSI) diagnostic assessment, or the |
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assessment or assessments currently administered for graduation |
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purposes. [each required assessment instrument administered under
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Section 39.023(c) as that section existed before amendment by
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Chapter 1312 (S.B. No.
1031), Acts of the 80th Legislature, Regular
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Session, 2007]. The district shall determine the assessment to be |
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administered. |
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(f-1) The commissioner shall determine the level of |
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performance considered to be satisfactory on an assessment |
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instrument designated by the commissioner which must include, to |
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the extent feasible, the SAT, the ACT, the Texas Success Initiative |
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(TSI) diagnostic assessment, and or the assessment or assessments |
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currently administered for graduation purposes for a student |
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described by Subsection (f)(1) to qualify for a high school |
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diploma. In determining satisfactory performance, the |
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commissioner shall ensure that the level of performance determined |
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under this subsection as satisfactory is equivalent to the level of |
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performance required under Subsection (a) for satisfactory |
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performance on an end-of-course assessment instrument. |
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Notwithstanding Subsection (f), the commissioner is not required to |
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retain, administer, or use assessment instruments described by |
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Subsection (f)(1) after September 1, 2017. |
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SECTION 4. Section 51.3062(q-1), Education Code, is amended |
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to read as follows: |
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(q-1) A student who has demonstrated the performance |
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standard for college readiness as provided by Section 28.008 on the |
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postsecondary readiness assessment instruments adopted under |
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Section 39.0238 for Algebra II and English III, as that section |
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existed before repeal by H.B. 515, Acts of the 85th Legislature, |
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Regular Session, 2017, is exempt from the requirements of this |
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section with respect to those content areas. The commissioner of |
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higher education by rule shall establish the period for which an |
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exemption under this subsection is valid. |
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SECTION 5. The following provision of the Education Code is |
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repealed: |
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(1) Section 39.0238. |
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SECTION 6. This Act applies beginning with the 2017-2018 |
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school year. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |
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