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.