By: VanDeaver, Isaac, Deshotel, Ashby, H.B. No. 515       Huberty, et al.     A BILL TO BE ENTITLED   AN ACT   relating to assessment of public school students and providing   accelerated instruction and eliminating performance requirements   based on performance on certain assessment instruments.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 28.0211, Education Code,   is amended to read as follows:          Sec. 28.0211.  ACCELERATED LEARNING COMMITTEE [SATISFACTORY   PERFORMANCE ON ASSESSMENT INSTRUMENTS REQUIRED]; ACCELERATED   INSTRUCTION.          SECTION 2.  Section 28.0211, Education Code, is amended by   amending Subsections (a), (a-1), (a-3), (c), (f), (i), (k), and (n)   and adding Subsections (f-1) and (f-2) to read as follows:          (a)  A district shall establish an accelerated learning   committee described by Subsection (c) for each student who does not   perform satisfactorily on:                (1)  the third grade mathematics or reading assessment   instrument under Section 39.023;                (2)  [Except as provided by Subsection (b) or (e), a   student may not be promoted to:                [(1)     the sixth grade program to which the student   would otherwise be assigned if the student does not perform   satisfactorily on] the fifth grade mathematics or [and] reading   assessment instrument [instruments] under Section 39.023; or                (3) [(2)     the ninth grade program to which the student   would otherwise be assigned if the student does not perform   satisfactorily on] the eighth grade mathematics or [and] reading   assessment instrument [instruments] under Section 39.023.          (a-1)  Each time a student fails to perform satisfactorily on   an assessment instrument administered under Section 39.023(a) in   the third, fourth, fifth, sixth, seventh, or eighth grade, the   school district in which the student attends school shall provide   to the student accelerated instruction in the applicable subject   area. 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, and may be provided to the student during the   subsequent school year.          (a-3)  The commissioner shall provide guidelines to   districts on research-based best practices and effective   strategies that a district may use in developing an accelerated   instruction program. The commissioner may provide to districts   available resources concerning research-based best practices and   effective strategies that a district may use in developing an   accelerated instruction program.          (c)  [Each time a student fails to perform satisfactorily on   an assessment instrument specified under Subsection (a), the school   district in which the student attends school shall provide to the   student accelerated instruction in the applicable subject area,   including reading instruction for a student who fails to perform   satisfactorily on a reading assessment instrument.] After a   student fails to perform satisfactorily on an assessment instrument   specified under Subsection (a) [a second time], an accelerated   learning [a grade placement] committee shall be established [to   prescribe the accelerated instruction the district shall provide to   the student before the student is administered the assessment   instrument the third time]. The accelerated learning [grade   placement] committee shall be composed of the principal or the   principal's designee, the student's parent or guardian, and the   teacher of the subject of an assessment instrument on which the   student failed to perform satisfactorily. The district shall   notify the parent or guardian of the time and place for convening   the accelerated learning [grade placement] committee and the   purpose of the committee. [An accelerated instruction group   administered by a school district under this section may not have a   ratio of more than 10 students for each teacher.]          (f)  An accelerated learning  [A school district shall   provide to a student who, after three attempts, has failed to   perform satisfactorily on an assessment instrument specified under   Subsection (a) accelerated instruction during the next school year   as prescribed by an educational plan developed for the student by   the student's grade placement] committee described by [established   under] Subsection (c) shall:                (1)  develop an educational plan for the student that   provides the necessary accelerated instruction for the student to   achieve appropriate grade level performance; and                (2)  provide other assistance to the student in   accordance with a policy adopted by the district board of trustees   prescribing the role of accelerated learning committees in that   district. [The district shall provide that accelerated instruction   regardless of whether the student has been promoted or retained.]          (f-1)  The educational plan developed under Subsection   (f)(1) must be designed to enable the student to perform at the   appropriate grade level by the conclusion of the subsequent school   year. During the school year, the student shall be monitored to   ensure that the student is progressing in accordance with the plan.   The district shall administer to the student the assessment   instrument for the grade level in which the student is placed at the   time the district regularly administers the assessment instruments   for that school year.          (f-2)  If a student who fails to perform satisfactorily on an   assessment instrument specified under Subsection (a) fails in the   subsequent school year to perform satisfactorily on an assessment   instrument in the same subject, the superintendent of the district   or the superintendent's designee shall meet with the student's   accelerated learning committee to:                (1)  identify the reason the student did not perform   satisfactorily; and                (2)  determine, in order to ensure the student performs   satisfactorily on the assessment instrument at the next opportunity   for the student to be administered the assessment instrument,   whether:                      (A)  the educational plan developed for the   student under Subsection (f) must be modified to provide the   necessary accelerated instruction for that student; and                      (B)  any additional resources are required for   that student.          (i)  The admission, review, and dismissal committee of a   student who participates in a district's special education program   under Subchapter A [B], Chapter 29, and who does not perform   satisfactorily on an assessment instrument specified under   Subsection (a) and administered under Section 39.023(a) or (b)   shall determine[:                [(1)]  the manner in which the student will participate   in an accelerated instruction program under this section[; and                [(2)     whether the student will be promoted or retained   under this section].          (k)  The commissioner shall adopt rules as necessary to   implement this section[, including rules concerning when school   districts shall administer assessment instruments required under   this section and which administration of the assessment instruments   will be used for purposes of Section 39.054].          (n)  A student who fails to perform satisfactorily on an   assessment instrument specified under Subsection (a) and is   promoted to the next grade level [by a grade placement committee   under this section] must be assigned at that next grade level in   each subject in which the student failed to perform satisfactorily   on an assessment instrument specified under Subsection (a) to a   teacher who meets all state and federal qualifications to teach   that subject and grade.          SECTION 3.  Section 28.025(c), Education Code, is amended to   read as follows:          (c)  A person may receive a diploma if the person is eligible   for a diploma under Section 28.0251.  In other cases, a student may   graduate and receive a diploma only if:                (1)  the student successfully completes the curriculum   requirements identified by the State Board of Education under   Subsection (a) and complies with Sections 39.02304 and [Section]   39.025; or                (2)  the student successfully completes an   individualized education program developed under Section 29.005.          SECTION 4.  Section 39.023(a), Education Code, as effective   September 1, 2017, is amended to read as follows:          (a)  The agency shall adopt or develop appropriate   criterion-referenced assessment instruments designed to assess   essential knowledge and skills in reading, writing, mathematics,   [social studies,] and science.  Except as provided by Subsection   (a-2), all students, other than students assessed under Subsection   (b) or (l) or exempted under Section 39.027, shall be assessed in:                (1)  mathematics, annually in grades three through   seven without the aid of technology and in grade eight with the aid   of technology on any assessment instrument that includes algebra;                (2)  reading, annually in grades three through eight;                (3)  writing, including spelling and grammar, in grades   four and seven; and                (4)  [social studies, in grade eight;                [(5)]  science, in grades five and eight[; and                [(6)     any other subject and grade required by federal   law].          SECTION 5.  Section 39.023(c), Education Code, is 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, and 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 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 assessment 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 required under this subsection.  The agency   [State Board of Education] shall administer the assessment   instruments.  The commissioner, with input from school districts,   [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).          SECTION 6.  Section 39.023(c-3), Education Code, effective   September 1, 2017, is amended to read as follows:          (c-3)  The commissioner, with input from school districts,   shall adopt [In adopting] a schedule for the administration of   assessment instruments under this section that[, the State Board of   Education shall require]:                (1)  minimizes the disruption of classroom instruction    [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)  maximizes available instruction time by   scheduling the spring administration of [end-of-course] assessment   instruments [under Subsection (c)] to occur as close to the end of   the semester as possible [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].          SECTION 7.  Section 39.023(e), Education Code, as effective   September 1, 2017, is amended to read as follows:          (e)  At least [Under rules adopted by the State Board of   Education,] every third year, the agency shall release the   questions and answer keys to each assessment instrument   administered under Subsection (a), (b), (c), (d), or (l), excluding   any assessment instrument administered to a student for the purpose   of retaking the assessment instrument, after the last time the   instrument is administered for that school year. To ensure a valid   bank of questions for use each year, the agency is not required to   release a question that is being field-tested and was not used to   compute the student's score on the instrument. The agency shall   also release[, under board rule,] each question that is no longer   being field-tested and that was not used to compute a student's   score. [During the 2014-2015 and 2015-2016 school years, the   agency shall release the questions and answer keys to assessment   instruments as described by this subsection each year.]          SECTION 8.  Section 39.02301, Education Code, is amended by   amending Subsections (a), (b), (h), and (j) and adding Subsection   (k) to read as follows:          (a)  The [During the 2015-2016 school year, the] agency, in   coordination with the entity that has been contracted to develop or   implement assessment instruments under Section 39.023, shall   conduct a study to develop a writing assessment method as an   alternative to the writing assessment instruments required under   Sections 39.023(a) and (c).  The writing assessment method must be   designed to assess:                (1)  a student's mastery of the essential knowledge and   skills in writing through timed writing samples;                (2)  improvement of a student's writing skills from the   beginning of the school year to the end of the school year;                (3)  a student's ability to follow the writing process   from rough draft to final product; and                (4)  a student's ability to produce more than one type   of writing style.          (b)  The [During the 2016-2017 and 2017-2018 school years,   the] agency shall establish a pilot program as provided by this   section to implement in designated school districts the writing   assessment method developed under Subsection (a).          (h)  [Not later than September 1, 2016, the agency shall   prepare and deliver to the governor, the lieutenant governor, the   speaker of the house of representatives, and the presiding officer   of each legislative standing committee with primary jurisdiction   over primary and secondary education a report covering the study of   the development of the writing assessment method under Subsection   (a).]  Not later than September 1 of each even-numbered year [in   2017 and 2018], the agency shall prepare and deliver to the   governor, the lieutenant governor, the speaker of the house of   representatives, and the presiding officer of each legislative   standing committee with primary jurisdiction over primary and   secondary education a report that:                (1)  evaluates the implementation and progress of the   pilot program under this section; and                (2)  makes recommendations regarding the continuation   or expansion of the pilot program.          (j)  Not later than September 1, 2021, the agency, with input   from school districts participating in the pilot program, shall   modify the method for assessing students in writing in grades four   and seven and in English I and English II secondary-level courses,   based on the writing assessment method developed under this   section.          (k)  This section expires September 1, 2021 [2019].          SECTION 9.  Subchapter B, Chapter 39, Education Code, is   amended by adding Section 39.02304 to read as follows:          Sec. 39.02304.  CIVICS TEST. (a) The commissioner shall   adopt rules requiring a school district to administer a civics test   to a student in the foundation high school program under Section   28.025. A student may not receive a high school diploma until the   student has performed satisfactorily on the civics test.          (b)  The civics test must consist of all of the questions on   the civics test administered by the United States Citizenship and   Immigration Services as part of the naturalization process under   the federal Immigration and Nationality Act (8 U.S.C. Section 1101   et seq.). The questions must be presented in a multiple-choice   format.          (c)  To perform satisfactorily on the civics test, a student   must answer at least 70 percent of the questions correctly.          (d)  A school district shall administer the civics test to a   student when the school counselor or the teacher of the United   States history course in which the student is enrolled, if   applicable, determines that the student is prepared for the test.          (e)  The admission, review, and dismissal committee of a   student in a special education program under Subchapter A, Chapter   29, shall determine:                (1)  whether any allowable modification is necessary in   administering the civics test to the student to appropriately   measure the student's achievement; and                (2)  if the committee determines that the civics test,   even with allowable modifications, would not provide an appropriate   measure of the student's achievement, whether the student is   required to achieve satisfactory performance on the civics test to   receive a high school diploma.          (f)  The commissioner shall adopt rules regarding the   administration of the civics test. The rules:                (1)  must require:                      (A)  the test to be administered electronically in   the presence of a teacher, teacher's aide, proctor, or campus   testing coordinator and be scored by that person or by the school   district; and                      (B)  the results of the test to be submitted to the   agency not later than the last instructional day of the school year   in which the test is administered; and                (2)  may not:                      (A)  restrict the high school grade level at which   a student may take the civics test; or                      (B)  limit the number of attempts a student may   make to perform satisfactorily on the test.          (g)  For purposes of the public school accountability   system, a reference in this code to an assessment instrument under   Section 39.023(c) includes the civics test. Performance at the   level required under Subsection (c) of this section is considered   satisfactory performance for purposes of Section 39.0241(a), and   the commissioner shall determine the level of performance   considered to indicate college readiness for purposes of Section   39.0241(a-1). To the extent of a conflict between this section and   any other provision of law, this section controls.          SECTION 10.  Section 39.025, Education Code, is amended by   amending Subsections (c-1) and (f) and adding Subsection (f-1) to   read as follows:          (c-1)  A school district may not administer a general subject   [an] assessment instrument required for graduation administered   under this section as this section existed before September 1, 2007   [1999].  A school district may administer to a student who failed to   perform satisfactorily on an assessment instrument described by   this subsection an alternate assessment instrument designated by   the commissioner.  The commissioner shall determine the level of   performance considered to be satisfactory on an alternate   assessment instrument.  [The district may not administer to the   student an assessment instrument or a part of an assessment   instrument that assesses a subject that was not assessed in an   assessment instrument required for graduation administered under   this section as this section existed before September 1, 1999.]  The   commissioner shall make available to districts information   necessary to administer the alternate assessment instrument   authorized by this subsection.  The commissioner's determination   regarding designation of an appropriate alternate assessment   instrument under this subsection and the performance required on   the assessment instrument is final and may not be appealed.          (f)  The commissioner shall by rule adopt a transition plan   to implement the amendments made by Chapter 1312 (S.B. No. 1031),   Acts of the 80th Legislature, Regular Session, 2007, replacing   general subject assessment instruments administered at the high   school level with end-of-course assessment instruments.  The rules   must provide for the end-of-course assessment instruments adopted   under Section 39.023(c) to be administered beginning with students   enrolled in [entering] the ninth grade for the first time during the   2011-2012 school year.  During the period under which the   transition to end-of-course assessment instruments is made:                (1)  for students entering a grade above the ninth   grade during the 2011-2012 school year, the commissioner shall   retain, administer, and use for purposes of accreditation and other   campus and district accountability measures under this chapter the   assessment instruments required by Section 39.023(a) or (c), as   that section existed before amendment by Chapter 1312 (S.B.   No. 1031), Acts of the 80th Legislature, Regular Session, 2007; and                (2)  a student subject to Subdivision (1) may not   receive a high school diploma unless the student has performed   satisfactorily, as determined by the commissioner under Subsection   (f-1), on the SAT, the ACT, or the Texas Success Initiative (TSI)   diagnostic assessment [each required assessment instrument   administered under Section 39.023(c) as that section existed before   amendment by Chapter 1312 (S.B. No.   1031), Acts of the 80th   Legislature, Regular Session, 2007].          (f-1)  The commissioner shall determine the level of   performance considered to be satisfactory on the SAT, the ACT, and   the Texas Success Initiative (TSI) diagnostic assessment for a   student described by Subsection (f)(1) to qualify for a high school   diploma. In determining satisfactory performance, the   commissioner shall ensure that the level of performance determined   under this subsection as satisfactory is equivalent to the level of   performance required under Subsection (a) for satisfactory   performance on an end-of-course assessment instrument.   Notwithstanding Subsection (f), the commissioner is not required to   retain, administer, or use assessment instruments described by   Subsection (f)(1) after September 1, 2017.          SECTION 11.  Section 39.203(c), Education Code, is amended   to read as follows:          (c)  In addition to the distinction designations described   by Subsections (a) and (b), a campus that satisfies the criteria   developed under Section 39.204 shall be awarded a distinction   designation by the commissioner for outstanding performance   in  academic achievement in reading [English language arts],   mathematics, or science[, or social studies].          SECTION 12.  Section 39.301(c), Education Code, is amended   to read as follows:          (c)  Indicators for reporting purposes must include:                (1)  the percentage of graduating students who meet the   course requirements established by State Board of Education rule   for:                      (A)  the foundation high school program;                      (B)  the distinguished level of achievement under   the foundation high school program; and                      (C)  each endorsement described by Section   28.025(c-1);                (2)  the results of the SAT, ACT, articulated   postsecondary degree programs described by Section 61.852, and   certified workforce training programs described by Chapter 311,   Labor Code;                (3)  for students who have failed to perform   satisfactorily, under each performance standard under Section   39.0241, on an assessment instrument required under Section   39.023(a) or (c), the performance of those students on subsequent   assessment instruments required under those sections, aggregated   by grade level and subject area;                (4)  for each campus, the number of students,   disaggregated by major student subpopulations, that take courses   under the foundation high school program and take additional   courses to earn an endorsement under Section 28.025(c-1),   disaggregated by type of endorsement;                (5)  the percentage of students, aggregated by grade   level, provided accelerated instruction under Section 28.0211    [28.0211(c)], the results of assessment instruments administered   under that section, [the percentage of students promoted through   the grade placement committee process under Section 28.0211,] the   subject of the assessment instrument on which each student failed   to perform satisfactorily under each performance standard under   Section 39.0241, and the performance of those students in the   subsequent school year [following that promotion] on the assessment   instruments required under Section 39.023;                (6)  the percentage of students of limited English   proficiency exempted from the administration of an assessment   instrument under Sections 39.027(a)(1) and (2);                (7)  the percentage of students in a special education   program under Subchapter A, Chapter 29, assessed through assessment   instruments developed or adopted under Section 39.023(b);                (8)  the percentage of students who satisfy the college   readiness measure;                (9)  the measure of progress toward dual language   proficiency under Section 39.034(b), for students of limited   English proficiency, as defined by Section 29.052;                (10)  the percentage of students who are not   educationally disadvantaged;                (11)  the percentage of students who enroll and begin   instruction at an institution of higher education in the school   year following high school graduation; and                (12)  the percentage of students who successfully   complete the first year of instruction at an institution of higher   education without needing a developmental education course.          SECTION 13.  Section 51.3062(q-1), Education Code, is   amended to read as follows:          (q-1)  A student who has demonstrated the performance   standard for college readiness as provided by Section 28.008 on the   postsecondary readiness assessment instruments adopted under   Section 39.0238 for Algebra II and English III, as that section   existed before repeal by H.B. 515, Acts of the 85th Legislature,   Regular Session, 2017, is exempt from the requirements of this   section with respect to those content areas.  The commissioner of   higher education by rule shall establish the period for which an   exemption under this subsection is valid.          SECTION 14.  The following provisions of the Education Code   are repealed:                (1)  Section 7.102(c)(5);                (2)  Sections 28.0211(a-2), (b), (d), (e), (m), and   (m-1); and                (3)  Section 39.0238.          SECTION 15.  (a)  Except as provided by Subsection (b) of   this section, this Act applies beginning with the 2017-2018 school   year.          (b)  Section 28.025(c), Education Code, as amended by this   Act, and Section 39.02304, Education Code, as added by this Act,   apply beginning with students who enter the ninth grade during the   2018-2019 school year.          SECTION 16.  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.