By: VanDeaver, et al. H.B. No. 515         (Senate Sponsor - Taylor of Galveston)          (In the Senate - Received from the House May 5, 2017;   May 11, 2017, read first time and referred to Committee on   Education; May 23, 2017, reported adversely, with favorable   Committee Substitute by the following vote:  Yeas 10, Nays 0;   May 23, 2017, sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR H.B. No. 515 By:  Taylor of Galveston     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.  Subchapter A, Chapter 28, Education Code, is   amended by adding Section 28.018 to read as follows:          Sec. 28.0128.  REVIEW AND REPORT ON SOCIAL STUDIES   CURRICULUM.  (a)  The State Board of Education shall review the   alignment and coursework included in the required social studies   curriculum provided to students in grades 8 through 12 to ensure   that all students graduating from public high school have a   sufficient understanding of:                (1)  United States history;                (2)  civics;                (3)  the operation of federal and state governments;   and                (4)  the free enterprise system.          (b)  If, in conducting the review, the State Board of   Education determines that the required social studies curriculum is   not sufficient, the board shall develop recommendations to realign   coursework and curriculum.          (c)  Not later than September 1, 2018, the State Board of   Education shall submit to the governor, the lieutenant governor,   the speaker of the house of representatives, and the standing   legislative committees with primary jurisdiction over primary and   secondary education a report on the results of the review conducted   under Subsection (a) and any recommendations developed under   Subsection (b).          (d)  This section expires September 1, 2019.          SECTION 2.  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 3.  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 as required by Subsection (f)(2).  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 may   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 an assessment instrument designated by the commissioner   which must include, to the extent feasible, the SAT, the ACT, or the   Texas Success Initiative (TSI) diagnostic assessment, or the   assessment or assessments currently administered for graduation   purposes. [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].  The district shall determine the assessment to be   administered.          (f-1)  The commissioner shall determine the level of   performance considered to be satisfactory on an assessment   instrument designated by the commissioner which must include, to   the extent feasible, the SAT, the ACT, the Texas Success Initiative   (TSI) diagnostic assessment, and or the assessment or assessments   currently administered for graduation purposes 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 4.  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 5.  The following provision of the Education Code is   repealed:                (1)  Section 39.0238.          SECTION 6.  This Act applies beginning with the 2017-2018   school year.          SECTION 7.  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.     * * * * *