85R2183 CAE-D
	By: Seliger	S.B. No. 615

	A BILL TO BE ENTITLED
	AN ACT
	relating to requirements regarding assessment instruments required
	for public high school graduation 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.  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 or[,] 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 28.023(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 an [end-of-course] assessment instrument adopted under
	Section 39.023(c) for that subject.
	SECTION 7.  Sections 28.025(b-4) and (c-6), Education Code,
	are 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.
	(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 8.  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 2017-2018
	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:
	(A)  end-of-course assessment instruments listed
	under Section 39.023(c) for courses in which the student was
	enrolled; and
	(B)  the mathematics and reading portions of the
	Texas Success Initiative (TSI) diagnostic assessment required to be
	administered under Section 39.023(c).
	(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 9.  Section 28.0258, Education Code, is amended by
	amending Subsections (a), (b), (e), (f), (h), (j), and (k) and
	adding Subsection (m) 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].  For purposes of this section, English I
	writing, English II writing, and reading are considered separate
	subjects.
	(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, the teacher of the
	course, if appropriate, or a teacher of the student in that subject,
	designated by the principal;
	(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 the ACT, the SAT, or 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)  With respect to students that are administered
	end-of-course assessment instruments required by Section
	39.023(c), as that section existed before amendment by _.B. ___,
	Acts of the 85th Legislature, Regular Session, 2017, as provided by
	Sections 39.025(f) and (f-1), English I and English II are
	considered separate subjects for purposes of Subsection (a). This
	subsection expires September 1, 2023.
	SECTION 10.  Sections 29.081(b) and (b-1), Education Code,
	are 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]
	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.
	SECTION 11.  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 the appropriate [end-of-course]
	assessment instruments specified by Section 39.023(c) before
	entering the program and must take each appropriate [end-of-course]
	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 12.  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
	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 13.  Sections 39.023(a-2), (c-1), (c-3), and (e),
	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)  For an [The agency shall develop any] assessment
	instrument required under this section that is developed by the
	agency, 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).
	(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 listed 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 writing and English II writing 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 end-of-course
	assessment instrument administered under Subsection (c) [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 14.  Sections 39.023(c), (c-2), (c-5), (h), and (i),
	Education Code, are amended to read as follows:
	(c)  The agency shall also adopt end-of-course assessment
	instruments for secondary-level courses in [Algebra I,] biology,
	English I, English II, and United States history. [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 instruments may only [must each] assess essential
	knowledge and skills in [both reading and] writing [in the same
	assessment instrument and must provide a single score]. A school
	district shall comply with State Board of Education rules regarding
	administration of the end-of-course assessment instruments listed
	in this subsection.  The agency shall also adopt the Texas Success
	Initiative (TSI) diagnostic assessment as the assessment
	instrument to be administered in mathematics and reading at the
	secondary level. The agency shall determine the appropriate grade
	level, manner, and schedule for the administration of those
	portions of the Texas Success Initiative (TSI) diagnostic
	assessment.  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.  The State
	Board of Education shall administer the end-of-course assessment
	instruments listed in this subsection.  The State Board of
	Education shall adopt a schedule for the administration of the
	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 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-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.
	(h)  Subject to any alternative procedures provided by rule
	under this subsection, 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. The agency by
	rule shall adopt procedures to ensure that school districts and
	campuses are notified of the results of the mathematics and reading
	portions of the Texas Success Initiative (TSI) assessment
	administered in accordance with Section 39.023(c) not later than
	the 21st day after the date those portions of the assessment are
	administered.  The school district shall disclose to each district
	teacher the results of assessment instruments administered under
	this section 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 (c) requiring the administration of the Texas Success
	Initiative (TSI) diagnostic assessment in mathematics and reading
	at the secondary level and the provisions of Subsection (d)
	regarding voluntary standardized end-of-course assessment
	instruments are not subject to modification. Each assessment
	instrument adopted under [those] rules adopted under Section 39.022
	and each assessment instrument required under Subsection (d) must
	be reliable and valid and must meet any applicable federal
	requirements for measurement of student progress.
	SECTION 15.  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 16.  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 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 17.  The heading to Section 39.0233, Education Code,
	is amended to read as follows:
	Sec. 39.0233.  SPECIAL-PURPOSE QUESTIONS INCLUDED IN
	CERTAIN END-OF-COURSE ASSESSMENT INSTRUMENTS.
	SECTION 18.  Section 39.0233(b), Education Code, is amended
	to read as follows:
	(b)  The [In addition to the questions adopted under
	Subsection (a), the] agency shall adopt a series of questions to be
	included in the biology and United States history [an]
	end-of-course assessment instruments [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.
	SECTION 19.  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 20.  Section 39.0241(a-1), Education Code, is
	amended to read as follows:
	(a-1)  Except as provided by this subsection, the [The]
	commissioner of education, in collaboration with the commissioner
	of higher education, shall determine the level of performance
	necessary to indicate college readiness, as defined by Section
	39.024(a). The level of performance necessary to indicate college
	readiness, as defined by Section 39.024(a), for the mathematics and
	reading portion of the Texas Success Initiative (TSI) diagnostic
	assessment required to be administered under Section 39.023(c) is
	satisfaction of the Texas Success Initiative (TSI) college
	readiness benchmarks prescribed by the Texas Higher Education
	Coordinating Board under Section 51.3062(f).
	SECTION 21.  Section 39.025, Education Code, is amended by
	amending Subsections (a), (a-1), (a-3), (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 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.  Each student in the foundation high school program
	under Section 28.025 shall be administered the Texas Success
	Initiative (TSI) diagnostic assessment in mathematics and reading
	as provided by agency rule under Section 39.023(c). 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 requirements concerning and is exempt from the
	administration of [the Algebra I or] the English I writing and
	English II writing 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 end-of-course assessment instrument. 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.
	(a-3)  A student who, after retaking an end-of-course
	assessment instrument for [Algebra I or] English II writing, has
	failed to perform satisfactorily as required by Subsection (a), but
	who receives a score of proficient on the writing portion of 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
	writing end-of-course assessment instrument[, as applicable. This
	subsection expires September 1, 2017].
	(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 and administer 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 the Algebra I end-of-course assessment instrument with
	the Texas Success Initiative (TSI) diagnostic assessment in
	mathematics and English I and II end-of-course assessment
	instruments with the Texas Success Initiative (TSI) diagnostic
	assessment in reading and the English I writing and English II
	writing [general subject assessment instruments administered at
	the high school level with] end-of-course assessment instruments as
	provided by Section 39.023(c). Except as otherwise provided by
	this subsection, the [The] rules must provide for the replacement
	[end-of-course] assessment instruments [adopted under Section
	39.023(c)] to be administered beginning with students entering the
	ninth grade during the 2017-2018 [2011-2012] school year. The
	rules must provide that:
	(1)  a student entering the ninth grade during the
	2017-2018 school year who, before entering the ninth grade, was
	administered and performed successfully on the Algebra I
	end-of-course assessment instrument satisfies the requirements
	concerning the Texas Success Initiative (TSI) diagnostic
	assessment in mathematics as prescribed by Section 39.025(a);
	(2)  a student entering the ninth grade during the
	2017-2018 school year who, before entering the ninth grade, was
	administered and performed successfully on the English I
	end-of-course assessment instrument:
	(A)  may choose to be administered the English II
	end-of-course assessment instrument under Section 39.023(c), as
	that section existed before amendment by _.B. ___, Acts of the 85th
	Legislature, Regular Session, 2017, provided that the student's
	parent or person standing in parental relation to the student
	consents; and
	(B)  must comply with the performance
	requirements of Section 39.025, as that section existed before
	amendment by _.B. ___, Acts of the 85th Legislature, Regular
	Session, 2017, for purposes of the English II assessment
	instrument;
	(3)  a student entering a grade above the ninth grade
	during the 2017-2018 school year may choose to be administered the
	replacement assessment instruments, provided that the student's
	parent or person standing in parental relation to the student
	consents, and must comply with the performance requirements of
	Section 39.025; and
	(4)  a student entering a grade above the ninth grade
	during the 2017-2018 school year who does not make the choice
	provided by Subdivision (3) must be administered the end-of-course
	assessment instruments listed under Section 39.023(c), as that
	section existed before amendment by _.B. ___, Acts of the 85th
	Legislature, Regular Session, 2017, and must comply with the
	performance requirements of Section 39.025, as that section existed
	before amendment by _.B. ___, Acts of the 85th Legislature, Regular
	Session, 2017.
	(f-1)  During the period under which the transition to the
	replacement instruments described by Subsection (f) [end-of-course
	assessment instruments] is made:
	(1)  for students described by Subsection (f)(1),
	students described by Subsection (f)(2) who make the choice
	provided by that subdivision, and students described by Subsection
	(f)(4) [entering a grade above the ninth grade during the 2011-2012
	school year], the commissioner shall provide for the retention,
	administration [retain, administer], and use for purposes of
	accreditation and other campus and district accountability
	measures under this chapter the applicable 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 has performed satisfactorily on:
	(i)  each required assessment instrument
	administered under Section 39.023(c) applicable to the student; and
	(ii)  each required assessment instrument
	administered under Section 39.023(c), as that section existed
	before amendment by _.B. ___, Acts of the 85th Legislature, Regular
	Session, 2017, applicable to the student; 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].
	SECTION 22.  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 23.  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)  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). 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 24.  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 25.  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 the Texas Success
	Initiative (TSI) diagnostic assessment in mathematics and reading
	administered under Section 39.023(c).
	SECTION 26.  Section 39.053(d-1), Education Code, is amended
	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. This subsection expires September 1, 2018.
	SECTION 27.  Section 39.203(d), Education Code, is amended
	to read as follows:
	(d)  In addition to the distinction designations otherwise
	described by this section, the commissioner may award a distinction
	designation for outstanding performance in advanced middle or
	junior high school student achievement 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). This subsection expires
	September 1, 2018.
	SECTION 28.  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 applicable 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 29.  The following sections of the Education Code
	are repealed:
	(1)  Section 28.0258(l);
	(2)  Section 28.0259(e);
	(3)  Section 39.0233(a); and
	(4)  Section 39.025(e-1).
	SECTION 30.  A reference in the Education Code to an
	assessment instrument under Section 39.023(c), Education Code, as
	amended by this Act, includes, as applicable, an Algebra I, English
	I, or English II end-of-course assessment instrument administered
	under the transition plan provided for under Section 39.025(f),
	Education Code, as amended by this Act, and Section 39.025(f-1),
	Education Code, as added by this Act.
	SECTION 31.  (a) As soon as practicable, each school
	district that provided notice to an eighth grade student under
	Section 39.025(g), Education Code, during the 2016-2017 school year
	shall send an updated notice to that student informing the student
	of:
	(1)  the specific requirements applicable to the
	student under Section 39.025(a), Education Code, as amended by this
	Act; and
	(2)  the options available to students who qualify
	under Sections 39.025(f)(1) and (2), as added by this Act.
	(b)  As soon as practicable, the commissioner of education
	shall determine the level of performance considered to be
	satisfactory as required under Section 39.0241(a), Education Code,
	on the mathematics and reading portions of the Texas Success
	Initiative (TSI) diagnostic assessment required under Section
	39.023(c), Education Code, as amended by this Act.
	SECTION 32.  This Act applies beginning with the 2017-2018
	school year.
	SECTION 33.  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.