85R2000 CAE-D
	By: Bell	H.B. No. 1191

	A BILL TO BE ENTITLED
	AN ACT
	relating to secondary-level assessment of public school students
	and the use of individual graduation committees to satisfy certain
	public high school graduation requirements.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Effective August 31, 2017, Section 12.104(b-2),
	Education Code, is amended to read as follows:
	(b-2)  An open-enrollment charter school is subject to the
	requirement to establish an individual graduation committee under
	Section 28.0258.  [This subsection expires September 1, 2017.]
	SECTION 2.  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 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 3.  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 4.  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
	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 51.3062(c)
	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 5.  Section 28.0211(o), Education Code, is amended
	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].
	SECTION 6.  Section 28.0217, Education Code, is amended to
	read as follows:
	Sec. 28.0217.  ACCELERATED INSTRUCTION FOR HIGH SCHOOL
	STUDENTS. (a) Each time a student fails to perform satisfactorily
	on an assessment instrument required [administered] under Section
	39.023(c), the school district in which the student attends school
	shall provide to the student accelerated instruction in the
	applicable subject area, using funds appropriated for accelerated
	instruction under Section 28.0211.
	(b)  Accelerated instruction may require participation of
	the student before or after normal school hours and may include
	participation at times of the year outside normal school
	operations. The district shall schedule accelerated instruction in
	a manner that provides adequate flexibility in the student's
	schedule to ensure that the student is academically on track to
	complete the student's personal graduation plan.
	SECTION 7.  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 for that subject an [end-of-course] assessment instrument
	adopted under Section 39.023(c) [for that subject].
	SECTION 8.  Section 28.025(b-4), Education Code, is 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].
	SECTION 9.  Effective August 31, 2017, Section 28.025(c-6),
	Education Code, is amended to read as follows:
	(c-6)  Notwithstanding Subsection (c), a person may receive
	a diploma if the person is eligible for a diploma under Section
	28.0258.  [This subsection expires September 1, 2017.]
	SECTION 10.  Section 28.0255, Education Code, is amended by
	amending Subsections (g) and (h) and adding Subsection (g-1) to
	read as follows:
	(g)  A student entering the ninth grade during the 2018-2019
	school year is entitled to a high school diploma if the student:
	(1)  successfully complies with the curriculum
	requirements specified under Subsection (e); and
	(2)  performs satisfactorily, as determined by the
	commissioner under Subsection (h), on [end-of-course] assessment
	instruments listed under Section 39.023(c) [for courses in which
	the student was enrolled].
	(g-1)  A student other than a student described by Subsection
	(g) is entitled to a high school diploma if the student:
	(1)  successfully complies with the curriculum
	requirements specified under Subsection (e); and
	(2)  performs satisfactorily, as determined by the
	commissioner under Subsection (h), on assessment instruments
	listed under Section 39.023(c), as that section existed before
	amendment by _.B. ___, Acts of the 85th Legislature, Regular
	Session, 2017, for courses in which the student was enrolled.
	(h)  For purposes of Subsections [Subsection] (g)(2) and
	(g-1)(2), the commissioner shall determine the level of
	satisfactory performance on applicable [end-of-course] assessment
	instruments administered to a student.
	SECTION 11.  Section 28.0258, Education Code, is amended by
	amending Subsections (a), (b), (e), (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.
	(e)  To be eligible to graduate and receive a high school
	diploma under this section, a student must successfully complete
	the curriculum requirements required for high school graduation:
	(1)  identified by the State Board of Education under
	Section 28.025(a); or
	(2)  as otherwise provided by the transition plan
	adopted by the commissioner to implement and administer the
	amendments made by Chapter 211 (H.B. 5), Acts of the 83rd
	Legislature, Regular Session, 2013, replacing the minimum,
	recommended, and advanced high school programs with the foundation
	high school program [under Section 28.025(h)].
	(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)  the student's school attendance rate;
	(7)  the student's satisfaction of any of the Texas
	Success Initiative (TSI) college readiness benchmarks prescribed
	by the Texas Higher Education Coordinating Board;
	(8)  the student's successful completion of a dual
	credit course in English, mathematics, science, or social studies;
	(9)  the student's successful completion of a high
	school pre-advanced placement, advanced placement, or
	international baccalaureate program course in English,
	mathematics, science, or social studies;
	(10)  the student's rating of advanced high on the most
	recent high school administration of the Texas English Language
	Proficiency Assessment System;
	(11)  the student's score of 50 or greater on a
	College-Level Examination Program examination;
	(12)  the student's score on:
	(A)  the ACT or[,] the SAT, if not otherwise
	considered under Subdivision (3); or
	(B)  the Armed Services Vocational Aptitude
	Battery test;
	(13)  the student's completion of a sequence of courses
	under a career and technical education program required to attain
	an industry-recognized credential or certificate;
	(14)  the student's overall preparedness for
	postsecondary success; and
	(15)  any other academic information designated for
	consideration by the board of trustees of the school district.
	(j)  Notwithstanding any action taken by an individual
	graduation committee under this section, a school district shall
	administer an [end-of-course] assessment instrument required under
	Section 39.023(c) to any student who fails to perform
	satisfactorily on an [end-of-course] assessment instrument
	required under Section 39.023(c) as provided by Section 39.025(b).
	For purposes of Section 39.053(c)(1), an assessment instrument
	administered as provided by this subsection is considered an
	assessment instrument required for graduation retaken by a student.
	(k)  The commissioner shall adopt rules as necessary to
	administer [implement] this section [not later than the 2015-2016
	school year].
	(m)  For a student subject to Section 39.025(f)(1):
	(1)  for purposes of Subsection (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, as that section existed before
	amendment by __.B. ___, Acts of the 85th Legislature, Regular
	Session, 2017, for not more than two courses listed in Section
	39.023(c), as that section existed before amendment by _.B. ___,
	Acts of the 85th Legislature, Regular Session, 2017;
	(2)  for purposes of the composition of an individual
	graduation committee under Subsection (b)(2), the committee shall
	include the teacher of the course for each end-of-course assessment
	instrument described by Subdivision (1) for which the student
	failed to perform satisfactorily;
	(3)  for purposes of Subsection (h)(1), an individual
	graduation committee shall consider the recommendation of the
	teacher described by Subdivision (2); and
	(4)  for purposes of Subsection (h)(2), an individual
	graduation committee shall consider the student's grade in each
	course described by Subdivision (2).
	(n)  Subsection (m) and this subsection expire September 1,
	2023.
	SECTION 12.  Section 29.081, Education Code, is amended by
	amending Subsections (b) and (b-1) and adding Subsection (b-4) 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]
	assessment instrument required [administered] under Section
	39.023(c) and has not performed satisfactorily on the assessment
	instrument or who is at risk of dropping out of school.
	(b-1)  Each school district shall offer before the next
	scheduled administration of the assessment instrument, without
	cost to the student, additional accelerated instruction to each
	student in any subject in which the student failed to perform
	satisfactorily on an [end-of-course] assessment instrument
	required for graduation.
	(b-4)  Each time the agency designates or adopts an
	assessment instrument or test under Section 39.023(c), each school
	district shall use the performance data from the assessment
	instrument or test to modify as necessary the accelerated
	instructional services provided to students who have not performed
	satisfactorily on the assessment instrument or test.
	SECTION 13.  Section 29.087(f), Education Code, is 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 any [the] appropriate
	[end-of-course] assessment instrument [instruments] specified by
	Section 39.023(c) that is administered before the student enters
	[entering] the program and must take any [each] appropriate
	[end-of-course] assessment instrument that is 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 14.  Section 29.402(b), Education Code, is amended
	to read as follows:
	(b)  A person who is under 26 years of age is eligible to
	enroll in a dropout recovery program under this subchapter if the
	person:
	(1)  must complete not more than three course credits
	to complete the curriculum requirements for the foundation high
	school program for high school graduation; or
	(2)  has failed to perform satisfactorily on:
	(A)  an [end-of-course] assessment instrument
	required [administered] under Section 39.023(c);
	(B)  an assessment instrument administered under
	Section 39.023(c) as that section existed before amendment by _.B.
	___, Acts of the 85th Legislature, Regular Session, 2017; or
	(C)  an assessment instrument administered under
	Section 39.023(c) as that section existed before amendment by
	Chapter 1312 (S.B. 1031), Acts of the 80th Legislature, Regular
	Session, 2007.
	SECTION 15.  Sections 39.023(a-2), (c-1), (c-3), (e), and
	(p), Education Code, as effective September 1, 2017, are amended to
	read as follows:
	(a-2)  Except as required by federal law, 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].
	(c-1)  If the [The] agency develops an [shall develop any]
	assessment instrument required under this section, the agency shall
	develop the assessment instrument in a manner that allows for the
	measurement of annual improvement in student achievement as
	required by Sections 39.034(c) and (d).  If the agency designates or
	adopts an assessment instrument under Subsection (c), the agency
	shall ensure that the performance data from the assessment
	instrument may be used for the measurement of annual improvement in
	student achievement as required by Sections 39.034(c) and (d).
	(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 and English II must be permitted to occur
	at an earlier date].
	(e)  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.
	This subsection applies in the same manner to each administered
	assessment instrument adopted under Subsection (c) that is not a
	nationally recognized, norm-referenced assessment instrument or
	test  [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].
	(p)  On or before September 1 of each year, the commissioner
	shall make the following information available on the agency's
	Internet website for each assessment instrument administered under
	Subsection (a)[, (c),] or (l):
	(1)  the number of questions on the assessment
	instrument;
	(2)  the number of questions that must be answered
	correctly to achieve satisfactory performance as determined by the
	commissioner under Section 39.0241(a); and
	(3)  [the number of questions that must be answered
	correctly to achieve satisfactory performance under the college
	readiness performance standard as provided by Section 39.0241; and
	[(4)]  the corresponding scale score [scores].
	SECTION 16.  Section 39.023, Education Code, is amended by
	amending Subsections (c), (c-2), (c-4), (c-5), (d), (f), (g), (h),
	and (i) and adding Subsections (h-1) and (p-1) to read as follows:
	(c)  The agency shall also provide for [adopt end-of-course]
	assessment instruments for each federally required secondary-level
	subject, including mathematics, English language arts, and science
	[courses in Algebra I, biology, English I, English II, and United
	States history].  To the extent practicable, the commissioner shall
	designate an appropriate, nationally recognized, norm-referenced
	assessment instrument, offered by a nationally recognized vendor,
	to assess students in two or more subjects identified under this
	subsection. If an appropriate, nationally recognized,
	norm-referenced assessment instrument is not available to assess
	all subjects identified under this section, the commissioner shall,
	for each subject not included, designate an appropriate, nationally
	recognized, norm-referenced specific subject test offered by a
	nationally recognized vendor. If an appropriate nationally
	recognized, norm-referenced multiple subject assessment instrument
	or an appropriate nationally recognized, norm-referenced specific
	subject test is not available to assess a specific subject, the
	commissioner shall adopt a specific subject assessment instrument
	for that subject. An  [The Algebra I end-of-course assessment
	instrument must be administered with the aid of technology.   The
	English I and English II end-of-course] assessment instrument or
	test designated or adopted under this subsection [instruments] must
	[each] assess essential knowledge and skills in the appropriate
	subject [in both reading and writing in the same assessment
	instrument and must provide a single score]. Before the agency
	designates or adopts an assessment instrument or test, the agency
	shall develop evidence, through a peer review process, to
	demonstrate that the assessment instrument or test is aligned with
	the essential knowledge and skills for the appropriate subject.  A
	school district shall comply with State Board of Education rules
	regarding administration of an [the] assessment instrument
	required under [instruments listed in] this subsection.  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
	or test required under this subsection. [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 assessment instruments that complies with the
	requirements of Subsection (c-3).]
	(c-2)  The agency may adopt [end-of-course] assessment
	instruments for secondary-level subjects [courses] not identified
	[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-4)  To the extent practicable and subject to Section
	39.024, the agency shall ensure that each [end-of-course]
	assessment instrument designated or adopted under Subsection (c)
	is:
	(1)  capable of measuring [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.
	(d)  The commissioner may participate in multistate efforts
	to develop voluntary standardized secondary-level [end-of-course]
	assessment instruments.  [The commissioner by rule may require a
	school district to administer an end-of-course assessment
	instrument developed through the multistate efforts.]  The
	admission, review, and dismissal committee of a student in a
	special education program under Subchapter A, Chapter 29, shall
	determine whether any allowable modification is necessary in
	administering to the student an [end-of-course] assessment
	instrument.
	(f)  An [The] assessment instrument may not be designated or
	adopted under this section unless the assessment instrument is
	[instruments shall be] designed to include assessment of a
	student's problem-solving ability and complex-thinking skills
	using a method of assessing those abilities and skills that is
	demonstrated to be highly reliable.
	(g)  A [The State Board of Education may adopt one
	appropriate,] nationally recognized, norm-referenced multiple
	subject assessment instrument or nationally recognized,
	norm-referenced specific subject test designated by the agency
	under Subsection (c) [in reading and mathematics to be administered
	to a selected sample of students in the spring. If adopted, a
	norm-referenced assessment instrument] must be a secured test. The
	commissioner shall contract with a nationally recognized vendor to
	administer each assessment instrument or test described by this
	subsection, complete the scoring of each assessment instrument or
	test, and distribute within a reasonable period the results to the
	agency and the relevant results to each school district. As soon as
	practicable after the district receives the results from the vendor
	under this subsection, the district shall:
	(1)  distribute the relevant results to each district
	campus; and
	(2)  provide written notice to the student and the
	person standing in parental relation to the student that states the
	student's results and whether the student performed satisfactorily
	on the assessment instrument or test [The state may pay the costs of
	purchasing and scoring the adopted assessment instrument and of
	distributing the results of the adopted instrument to the school
	districts. A district that administers the norm-referenced test
	adopted under this subsection shall report the results to the
	agency in a manner prescribed by the commissioner].
	(h)  Except as provided by Subsection (g), the [The] agency
	shall notify school districts and campuses of the results of
	assessment instruments administered under this section not later
	than the 21st day after the date the assessment instrument is
	administered.
	(h-1)  A [The] school district shall disclose to each
	district teacher the results of assessment instruments
	administered to students taught by the teacher in the subject for
	the school year in which the assessment instrument is administered.
	(i)  Except as provided by this subsection, the [The]
	provisions of this section[, except Subsection (d),] are subject to
	modification by rules adopted under Section 39.022. The provisions
	of Subsection (d) and the provisions requiring the agency to
	designate a nationally recognized, norm-referenced multiple
	subject assessment instrument or nationally recognized,
	norm-referenced specific subject test are not subject to
	modification by rules adopted under Section 39.022.  Each
	assessment instrument adopted under [those] rules adopted under
	Section 39.022 and each assessment instrument required under
	Subsections (c) and [Subsection] (d) must be reliable and valid and
	must meet any applicable federal requirements for measurement of
	student progress.
	(p-1)  On or before September 1 of each year, the
	commissioner shall make the following information available on the
	agency's Internet website for each assessment instrument required
	under Subsection (c) that is not a norm-referenced assessment
	instrument or test:
	(1)  the number of questions on the assessment
	instrument;
	(2)  the number of questions that must be answered
	correctly to achieve satisfactory performance as determined by the
	commissioner under Section 39.0241(a);
	(3)  the number of questions that must be answered
	correctly to achieve satisfactory performance under the college
	readiness performance standard as provided by Section 39.0241; and
	(4)  the corresponding scale score.
	SECTION 17.  The heading to Section 39.0232, Education Code,
	is amended to read as follows:
	Sec. 39.0232.  USE OF [END-OF-COURSE] ASSESSMENT INSTRUMENT
	AS PLACEMENT INSTRUMENT; CERTAIN USES PROHIBITED.
	SECTION 18.  Sections 39.0232(a), (b), and (c), Education
	Code, are amended to read as follows:
	(a)  To the extent practicable, the agency shall ensure that
	any high school [end-of-course] assessment instrument designated
	or adopted under Section 39.023(c) [developed by the agency is
	developed in such a manner that the assessment instrument] may be
	used to determine the appropriate placement of a student in a course
	of the same subject matter at an institution of higher education.
	(b)  A student's performance on an [end-of-course]
	assessment instrument required under Section 39.023(c) may not be
	used:
	(1)  in determining the student's class ranking for any
	purpose, including entitlement to automatic college admission
	under Section 51.803 or 51.804; or
	(2)  as a sole criterion in the determination of
	whether to admit the student to a general academic teaching
	institution in this state.
	(c)  Subsection (b)(2) does not prohibit a general academic
	teaching institution from implementing an admission policy that
	takes into consideration a student's performance on an
	[end-of-course] assessment instrument required under Section
	39.023(c) in addition to other criteria.
	SECTION 19.  Section 39.0234, Education Code, is amended by
	amending Subsection (a) and adding Subsection (b) to read as
	follows:
	(a)  Except as provided by Subsection (b), the [The] agency
	shall ensure that assessment instruments required under Section
	39.023 are capable of being administered by computer. The
	commissioner may not require a school district or open-enrollment
	charter school to administer an assessment instrument by computer.
	(b)  Subsection (a) does not apply to a nationally
	recognized, norm-referenced multiple subject assessment instrument
	or nationally recognized, norm-referenced specific subject test
	designated by the agency under Section 39.023(c).
	SECTION 20.  Section 39.024(i), Education Code, is amended
	to read as follows:
	(i)  The agency shall gather data and conduct research to
	substantiate any correlation between a certain level of performance
	by students on [end-of-course] assessment instruments required
	under Section 39.023(c) and success in:
	(1)  military service; or
	(2)  a workforce training, certification, or other
	credential program at a postsecondary educational institution that
	primarily offers associate degrees or certificates or credentials
	other than baccalaureate or advanced degrees.
	SECTION 21.  Section 39.0241(a), Education Code, is amended
	to read as follows:
	(a)  The commissioner shall determine the level of
	performance considered to be satisfactory on the assessment
	instruments. In determining the level of performance considered
	satisfactory on an assessment instrument required under Section
	39.023(c), the commissioner shall consult with the commissioner of
	higher education and the executive director of the Texas Workforce
	Commission.
	SECTION 22.  Section 39.025, Education Code, is amended by
	amending Subsections (a), (a-1), (a-4), (b), (b-1), and (f) and
	adding Subsection (f-1) to read as follows:
	(a)  The commissioner shall adopt rules requiring a student
	in the foundation high school program under Section 28.025 to be
	administered an [end-of-course] assessment instrument required
	under [listed in] Section 39.023(c) during the student's 10th or
	11th grade year [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 a scale score that
	indicates satisfactory performance, as determined by the
	commissioner under Section 39.0241(a), on each [end-of-course]
	assessment instrument administered to the student. [For each scale
	score required under this subsection that is not based on a
	100-point scale scoring system, the commissioner shall provide for
	conversion, in accordance with commissioner rule, of the scale
	score to an equivalent score based on a 100-point scale scoring
	system.] A student may not receive a high school diploma until the
	student has performed satisfactorily on [end-of-course] assessment
	instruments in the manner provided under this subsection. This
	subsection does not require a student to demonstrate readiness to
	enroll in an institution of higher education.
	(a-1)  A student enrolled in a college preparatory
	mathematics or English language arts course under Section 28.014
	who satisfies the Texas Success Initiative (TSI) college readiness
	benchmarks prescribed by the Texas Higher Education Coordinating
	Board under Section 51.3062(f) on an assessment instrument
	designated by the Texas Higher Education Coordinating Board under
	Section 51.3062(c) administered at the end of the college
	preparatory mathematics or English language arts course satisfies
	the assessment requirement [requirements] concerning mathematics
	[and is exempt from the administration of the Algebra I] or [the
	English I and] English language arts [II end-of-course assessment
	instruments], as applicable, [as prescribed by Section 39.023(c),]
	even if the student did not perform satisfactorily on a previous
	administration of the applicable portion of a norm-referenced
	multiple subject assessment instrument or applicable
	norm-referenced specific subject test or [end-of-course]
	assessment instrument required under Section 39.023(c). A student
	who fails to perform satisfactorily on the assessment instrument
	designated by the Texas Higher Education Coordinating Board under
	Section 51.3062(c) administered as provided by this subsection may
	retake that assessment instrument for purposes of this subsection
	or may take the appropriate [end-of-course] assessment instrument
	required under Section 39.023(c).
	(a-4)  The admission, review, and dismissal committee of a
	student in a special education program under Subchapter A, Chapter
	29, shall determine whether, to receive a high school diploma, the
	student is required to achieve satisfactory performance on
	[end-of-course] assessment instruments required under Section
	39.023(c).
	(b)  Each time an [end-of-course] assessment instrument
	required [adopted] under Section 39.023(c) is administered, a
	student who failed to achieve a score requirement under Subsection
	(a) may retake the assessment instrument. A student is not required
	to retake a course as a condition of retaking an [end-of-course]
	assessment instrument.
	(b-1)  A school district shall provide each student who fails
	to perform satisfactorily as determined by the commissioner under
	Section 39.0241(a) on an [end-of-course] assessment instrument
	required under Section 39.023(c) with accelerated instruction in
	the subject assessed by the assessment instrument.
	(f)  The commissioner shall by rule adopt a transition plan
	to implement the amendments made by __.B. __, Acts of the 85th
	Legislature, Regular Session, 2017 [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 with
	assessment instruments designated or adopted under Section
	39.023(c). The rules must provide for the [end-of-course]
	assessment instruments designated or adopted under Section
	39.023(c) to be administered beginning with students entering the
	ninth grade during the 2018-2019 [2011-2012] school year. During
	the period under which the transition to [end-of-course] assessment
	instruments designated or adopted under Section 39.023(c) is made:
	(1)  for students entering a grade above the ninth
	grade during the 2018-2019 [2011-2012] school year, the
	commissioner shall retain, administer, and use for purposes of
	accreditation and other campus and district accountability
	measures under this chapter the end-of-course assessment
	instruments required by Section 39.023(c) [39.023(a) or (c)], as
	that section existed before amendment by __.B. __, Acts of the 85th
	Legislature, Regular Session, 2017 [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:
	(A)  the student complies with this section [has
	performed satisfactorily on each required assessment instrument
	administered under Section 39.023(c)] as it [that section] existed
	before amendment by __.B. __, Acts of the 85th Legislature, Regular
	Session, 2017; or
	(B)  an individual graduation committee
	established under Section 28.0258 determines that the student is
	eligible to receive a high school diploma [Chapter 1312 (S.B.
	No.   1031), Acts of the 80th Legislature, Regular Session, 2007].
	(f-1)  For purposes of Subsection (f), a reference in this
	code to an assessment instrument under Section 39.023(c) includes
	an end-of-course assessment instrument administered under Section
	39.023(c), as that section existed before amendment by __.B. __,
	Acts of the 85th Legislature, Regular Session, 2017.
	SECTION 23.  Effective August 31, 2017, Section 39.025(a-2),
	Education Code, as added by Chapter 5 (S.B. 149), Acts of the 84th
	Legislature, Regular Session, 2015, is amended to read as follows:
	(a-2)  Notwithstanding Subsection (a), a student who has
	failed to perform satisfactorily on [end-of-course] assessment
	instruments in the manner provided under this section may receive a
	high school diploma if the student has qualified for graduation
	under Section 28.0258.  [This subsection expires September 1,
	2017.]
	SECTION 24.  Section 39.025(a-2), Education Code, as added
	by Chapter 1036 (H.B. 1613), Acts of the 84th Legislature, Regular
	Session, 2015, is amended to read as follows:
	(a-2)  Unless an assessment instrument is the assessment
	instrument designated by the agency as the assessment instrument
	required under Section 39.023(c), the [The] commissioner shall
	determine a method by which a student's satisfactory performance on
	an advanced placement test, an international baccalaureate
	examination, an SAT Subject Test, the SAT, the ACT, or any
	nationally recognized norm-referenced assessment instrument used
	by institutions of higher education to award course credit based on
	satisfactory performance on the assessment instrument shall be used
	to satisfy the requirements concerning an [end-of-course]
	assessment instrument required under Section 39.023(c) in an
	equivalent subject [course] as prescribed by Subsection (a).
	Unless an assessment instrument is the assessment instrument
	designated by the agency as the assessment instrument required
	under Section 39.023(c), the [The] commissioner shall determine a
	method by which a student's satisfactory performance on the PSAT or
	the ACT-Plan shall be used to satisfy the requirements concerning
	an [end-of-course] assessment instrument required under Section
	39.023(c) in an equivalent subject [course] as prescribed by
	Subsection (a). A student who fails to perform satisfactorily on a
	test or other assessment instrument authorized under this
	subsection, other than the PSAT or the ACT-Plan, may retake that
	test or other assessment instrument for purposes of this subsection
	or may take the appropriate [end-of-course] assessment instrument
	required under Section 39.023(c). A student who fails to perform
	satisfactorily on the PSAT or the ACT-Plan must take the
	appropriate [end-of-course] assessment instrument required under
	Section 39.023(c). The commissioner shall adopt rules as necessary
	for the administration of this subsection.
	SECTION 25.  Effective August 31, 2017, Section 39.025(a-3),
	Education Code, is amended to read as follows:
	(a-3)  A student who, after retaking an end-of-course
	assessment instrument for Algebra I or English II, has failed to
	perform satisfactorily as required by Subsection (a), but who
	receives a score of proficient on the Texas Success Initiative
	(TSI) diagnostic assessment for the corresponding subject for which
	the student failed to perform satisfactorily on the end-of-course
	assessment instrument satisfies the requirement concerning the
	Algebra I or English II end-of-course assessment, as applicable.
	[This subsection expires September 1, 2017.]
	SECTION 26.  Effective September 1, 2018, Section
	39.025(a-3), Education Code, is amended to read as follows:
	(a-3)  A student who, after retaking an [end-of-course]
	assessment instrument for mathematics [Algebra I] or English
	language arts [II], has failed to perform satisfactorily as
	required by Subsection (a), but who receives a score of proficient
	on the Texas Success Initiative (TSI) diagnostic assessment for the
	corresponding subject for which the student failed to perform
	satisfactorily on the [end-of-course] assessment instrument
	satisfies the assessment requirement concerning mathematics [the
	Algebra I] or English language arts [II end-of-course assessment],
	as applicable. [This subsection expires September 1, 2017.]
	SECTION 27.  Sections 39.0261(a) and (b), Education Code,
	are amended to read as follows:
	(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 instrument [instruments] administered under this
	section; and
	(2)  provide reimbursement to a school district for all
	fees associated with the administration of the assessment
	instrument from funds appropriated for that purpose.
	SECTION 28.  Section 39.034(d), 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, as applicable:
	(1)  the grade five assessment instruments;
	(2)  the grade eight assessment instruments; and
	(3)  the [end-of-course] assessment instruments
	required under this subchapter for graduation.
	SECTION 29.  Section 39.035, Education Code, is amended by
	amending Subsection (a) and adding Subsection (b-1) to read as
	follows:
	(a)  Subject to Subsection (b) and except as provided by
	Subsection (b-1), 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-1)  Subsection (a) does not apply to a nationally
	recognized, norm-referenced multiple subject assessment instrument
	or nationally recognized, norm-referenced specific subject test
	designated by the agency under Section 39.023(c).
	SECTION 30.  The heading to Section 39.0381, Education Code,
	is amended to read as follows:
	Sec. 39.0381.  AUDITING AND MONITORING PERFORMANCE UNDER
	CONTRACTS FOR ASSESSMENT INSTRUMENTS; CONTRACT REVIEW.
	SECTION 31.  Section 39.0381, Education Code, is amended by
	adding Subsection (b-1) to read as follows:
	(b-1)  Not later than 180 days before the date of the
	expiration of a contract related to an assessment instrument
	required under Section 39.023(c), the agency shall conduct a
	comprehensive review of the contract to evaluate entering into a
	renewal of the contract. In conducting a review under this
	subsection, the agency shall:
	(1)  determine whether the vendor's performance
	compliance under the contract has met or exceeded the agency's
	performance standards;
	(2)  determine whether the terms of the contract are
	sufficient to meet the continuing needs of the agency; and
	(3)  identify any appropriate modifications to the
	terms of the contract.
	SECTION 32.  Section 51.3062(q), Education Code, is amended
	to read as follows:
	(q)  A student who has achieved scores set by the board on the
	questions developed for end-of-course assessment instruments under
	Section 39.0233(a), as that section existed before repeal by _.B.
	___, Acts of the 85th Legislature, Regular Session, 2017, 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 under
	Section 39.0233(a), as that section existed before repeal by _.B.
	___, Acts of the 85th Legislature, Regular Session, 2017, 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
	before that period.
	SECTION 33.  (a)  Effective August 31, 2017, the following
	sections of the Education Code are repealed:
	(1)  Section 28.0258(l); and
	(2)  Section 28.0259(e).
	(b)  Effective September 1, 2018, the following sections of
	the Education Code are repealed:
	(1)  Section 39.023(c-6);
	(2)  Section 39.0233;
	(3)  Section 39.025(e-1);
	(4)  Section 39.0261(e);
	(5)  Section 39.053(d-1); and
	(6)  Section 39.203(d).
	SECTION 34.  (a)  Except as provided by Subsection (b) of this
	section, this Act applies beginning with the 2018-2019 school year.
	(b)  Subsection (a) of this section does not apply to a
	provision of this Act that is effective August 31, 2017.
	SECTION 35.  Except as otherwise provided by this Act, 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.