By: Eissler, Aycock, Guillen, Shelton,	H.B. No. 500
	et al.

	A BILL TO BE ENTITLED
	AN ACT
	relating to state-adopted assessment instruments administered to
	public school students.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 28.021(c), Education Code, is amended to
	read as follows:
	(c)  In determining promotion under Subsection (a), a school
	district shall consider:
	(1)  the recommendation of the student's teacher;
	(2)  the student's grade in each subject or course;
	(3)  the student's score on an assessment instrument
	administered under Section 39.023(a), (b), or (l), to the extent
	applicable; and
	(4)  any other necessary academic information, as
	determined by the district.
	SECTION 2.  Section 28.0211, Education Code, is amended by
	adding Subsections (o) and (p) 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 for which
	the student will receive high school academic credit; and
	(2)  will be administered an end-of-course assessment
	instrument adopted under Section 39.023(c) for the course.
	(p)  Notwithstanding any other provision of this section, a
	student described by Subsection (o) may not be denied promotion on
	the basis of failure to perform satisfactorily on an assessment
	instrument not required to be administered to the student in
	accordance with that subsection.
	SECTION 3.  Section 39.023, Education Code, is amended by
	amending Subsections (a) and (c) and adding Subsection (a-2) 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 [All] students, other than [except] 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;
	(4)  social studies, in grade eight;
	(5)  science, in grades five and eight; and
	(6)  any other subject and grade required by federal
	law.
	(a-2)  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 for which
	the student will receive high school academic credit; and
	(2)  will be administered an end-of-course assessment
	instrument adopted under Subsection (c) for the course.
	(c)  The agency shall also adopt end-of-course assessment
	instruments for secondary-level courses in Algebra I, Algebra II,
	geometry, biology, chemistry, physics, English I, English II,
	English III, world geography, world history, and United States
	history.  The Algebra I, Algebra II, and geometry end-of-course
	assessment instruments must be administered with the aid of
	technology.  A school district shall comply with State Board of
	Education rules regarding administration of the assessment
	instruments listed in this subsection. A district [and] shall adopt
	a policy addressing whether [that requires] a student's performance
	on an end-of-course assessment instrument for a course listed in
	this subsection in which the student is enrolled will be used by the
	district in determining [to account for 15 percent of] the
	student's final grade for the course and, if so, the manner in which
	the student's performance on an end-of-course assessment
	instrument will be used in determining the student's final grade
	for the course. If a student retakes an end-of-course assessment
	instrument for a course listed in this subsection, as provided by
	Section 39.025, a [school] district shall act in accordance with
	district policy concerning whether [is not required] to use and, if
	so, the manner in which to use the student's performance on the
	subsequent administration or administrations of the assessment
	instrument in determining [to determine] the student's final grade
	for the course.  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 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).
	SECTION 4.  Subchapter B, Chapter 39, Education Code, is
	amended by adding Section 39.0236 to read as follows:
	Sec. 39.0236.  REDUCED ASSESSMENT REQUIREMENTS PILOT
	PROGRAM. (a) In this section, "pilot program" means the reduced
	assessment requirements pilot program established under this
	section.
	(b)  The commissioner by rule shall establish a pilot program
	in which certain students in grades three through eight at a
	participating campus have reduced assessment requirements, as
	provided by this section.
	(c)  A campus may apply to the commissioner to participate in
	the pilot program.
	(d)  The commissioner shall select at least 20 campuses to
	participate in the pilot program. In selecting campuses for
	participation in the pilot program, the commissioner shall ensure
	that, to the greatest extent practicable, the diverse demographic,
	geographic, socioeconomic, and academic characteristics found in
	this state are represented and that elementary and middle or junior
	high schools are represented.
	(e)  Notwithstanding Section 39.023, a student attending a
	campus participating in the pilot program, other than a student
	administered assessment instruments under Section 39.023(b) or (l)
	or granted an exemption from administration of an assessment
	instrument under Section 39.027, shall be assessed using assessment
	instruments adopted or developed under Section 39.023(a) in:
	(1)  mathematics:
	(A)  in grades three and five without the aid of
	technology; and
	(B)  in grade eight with the aid of technology on
	any assessment instrument that includes algebra;
	(2)  reading, in grades three, five, and eight;
	(3)  writing, including spelling and grammar, in grades
	four and seven;
	(4)  social studies, in grade eight; and
	(5)  science, in grades five and eight.
	(f)  A student shall be assessed in grade four in mathematics
	or reading using an assessment instrument administered under
	Subsection (e) in grade three if, on the final assessment
	instrument in that subject administered to the student in grade
	three during the preceding school year, the student did not achieve
	a score determined through the analysis of previous years' testing
	data to predict with a high level of statistical confidence that a
	student will pass the following year.
	(g)  A student shall be assessed in grade six in mathematics
	or reading using an assessment instrument administered under
	Subsection (e) in grade five if, on the final assessment instrument
	in that subject administered to the student in grade five during the
	preceding school year, the student did not achieve a score
	determined through the analysis of previous years' testing data to
	predict with a high level of statistical confidence that a student
	will pass the following year.
	(h)  A student shall be assessed in grade seven in
	mathematics or reading using an assessment instrument administered
	under Subsection (g) in grade six if, on the final assessment
	instrument in that subject administered to the student in grade six
	during the preceding school year, the student did not achieve a
	score determined through the analysis of previous years' testing
	data to predict with a high level of statistical confidence that a
	student will pass the following year.
	(i)  A participating campus may, for its own use in
	determining whether students are performing at a satisfactory
	level, administer to a student at the appropriate grade level,
	other than a student required to be assessed under this section, an
	assessment instrument. At the request of a participating campus,
	the agency shall provide, allow for the administration of, and
	score each assessment instrument administered under this
	subsection in the same manner and at the same cost as for assessment
	instruments required to be administered under the applicable
	subsection. The results of an assessment instrument administered
	under this subsection may not be included as an indicator of student
	achievement under Section 39.054 or any other provision.
	(j)  If there is a conflict between this section and federal
	law as a result of forgoing under this section certain
	administration of assessment instruments to students who have
	recently performed successfully on assessment instruments
	assessing the same subject, the commissioner shall seek a waiver
	from the application of conflicting federal law for a campus
	participating in the pilot program.
	(k)  The commissioner shall adopt rules as necessary to
	administer this section.
	(l)  The commissioner shall conduct a study to determine
	whether the pilot program has been successful. The study must
	compare the achievements in mathematics and reading of students at
	participating and nonparticipating campuses in similar geographic
	areas that have students of similar demographic, socioeconomic, and
	academic characteristics. The study must evaluate the differences
	between mathematics and reading performance of students at campuses
	participating in the pilot program and those in matched
	nonparticipating campuses. Not later than September 1, 2014, the
	commissioner shall submit the results of the study to the
	legislature.
	(m)  The commissioner by rule shall establish the pilot
	program for the 2012-2013 and 2013-2014 school years.
	(n)  This section expires December 31, 2014.
	SECTION 5.  Section 39.025, Education Code, is amended by
	amending Subsections (a), (a-1), (a-2), (a-3), (b), (b-2), (e),
	(f), and (g) and adding Subsections (a-4), (a-5), and (e-1) to read
	as follows:
	(a)  The commissioner shall adopt rules requiring a student
	participating in the recommended or advanced high school program to
	be administered each end-of-course assessment instrument listed in
	Section 39.023(c) and requiring a student participating in the
	minimum high school program 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.  [A student is required to
	achieve, in each subject in the foundation curriculum under Section
	28.002(a)(1), a cumulative score that is at least equal to the
	product of the number of end-of-course assessment instruments
	administered to the student in that subject and a scale score that
	indicates satisfactory performance, as determined by the
	commissioner under Section 39.0241(a).     A student must achieve a
	minimum score as determined by the commissioner to be within a
	reasonable range of the scale score under Section 39.0241(a) on an
	end-of-course assessment instrument for the score to count towards
	the student's cumulative score.     For purposes of this subsection, a
	student's cumulative score is determined using the student's
	highest score on each end-of-course assessment instrument
	administered to the student.     A student may not receive a high
	school diploma until the student has performed satisfactorily on
	the 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)  The commissioner by rule shall determine a method by
	which a student's satisfactory performance on an advanced placement
	test, international baccalaureate examination, an SAT Subject
	Test, or another assessment instrument determined by the
	commissioner to be at least as rigorous as an end-of-course
	assessment instrument adopted under Section 39.023(c) may be used
	as a factor in determining whether the student satisfies the
	requirements of Subsection (a) and Subsection (a-2), (a-3), or
	(a-4), as applicable to the student[, including the cumulative
	score requirement of that subsection].  The commissioner by rule
	may determine a method by which a student's satisfactory
	performance on a Preliminary Scholastic Assessment Test (PSAT)
	assessment or a preliminary American College Test (ACT) assessment
	may be used as a factor in determining whether the student satisfies
	the requirements of Subsection (a) and Subsection (a-2), (a-3), or
	(a-4), as applicable to the student.
	(a-2)  To graduate under the recommended high school program
	[In addition to the cumulative score requirements under Subsection
	(a)], a student must achieve a score that meets or exceeds the score
	determined by the commissioner under Section 39.0241(a) on
	end-of-course assessment instruments for the following:
	(1)  English III;
	(2)  [and] Algebra II;
	(3)  biology, chemistry, or physics; and
	(4)  world geography, world history, or United States
	history [end-of-course assessment instruments to graduate under
	the recommended high school program].
	(a-3)  To graduate under the advanced high school program [In
	addition to the cumulative score requirements under Subsection
	(a)], a student must:
	(1)  achieve a score that meets or exceeds the score
	determined by the commissioner under Section 39.0241(a-1) on
	end-of-course assessment instruments for the following:
	(A)  English III; and
	(B)  Algebra II; and
	(2)  achieve a score that meets or exceeds the score
	determined by the commissioner under Section 39.0241(a) on
	end-of-course assessment instruments for the following:
	(A)  biology, chemistry, or physics; and
	(B)  world geography, world history, or United
	States history [in order to graduate under the advanced high school
	program].
	(a-4)  To graduate under the minimum high school program, a
	student must achieve a score that meets or exceeds the score
	determined by the commissioner under Section 39.0241(a) on
	end-of-course assessment instruments for the following:
	(1)  English III;
	(2)  Algebra I;
	(3)  biology, chemistry, or physics; and
	(4)  world geography, world history, or United States
	history.
	(a-5)  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.
	(b)  Each time an end-of-course assessment instrument is
	administered, a student who failed to achieve the [a minimum] score
	requirement under this section may [Subsection (a) shall] retake
	the assessment instrument. A student who fails to perform
	satisfactorily on an Algebra II or English III end-of-course
	assessment instrument under the college readiness performance
	standard, as provided under Section 39.024(b), may retake the
	assessment instrument. [Any other student may retake an
	end-of-course assessment instrument for any reason.]  A student is
	not required to retake a course as a condition of retaking an
	end-of-course assessment instrument.
	(b-2)  If a school district determines that a student, on
	completion of grade 11, is unlikely to achieve the [cumulative]
	score requirement under this section [requirements] for one or more
	end-of-course assessment instruments as necessary [subjects
	prescribed by Subsection (a)] for receiving a high school diploma,
	the district shall require the student to enroll in a corresponding
	content-area college preparatory course for which an end-of-course
	assessment instrument has been adopted, if available.  A student
	who enrolls in a college preparatory course described by this
	subsection shall be administered an end-of-course assessment
	instrument for the course, with the end-of-course assessment
	instrument scored on a scale as determined by the commissioner [not
	to exceed 20 percent of the cumulative score requirements required
	to graduate as determined under Subsection (a)].  A student may use
	the student's score on the end-of-course assessment instrument for
	the college preparatory course towards satisfying the [cumulative]
	score requirement under this section [requirements prescribed by
	Subsection (a)].
	(e)  The commissioner shall establish a required performance
	level for an assessment instrument adopted under Subsection (d)
	that is at least as rigorous as the performance level required to be
	met under Subsection (a-2), (a-3), or (a-4), as applicable to the
	student [(a)].
	(e-1)  Nothing in this section has the effect of prohibiting
	the administration of an end-of-course assessment instrument
	listed in Section 39.023(c) to a student enrolled below the high
	school level who is enrolled in the course for which the assessment
	instrument is adopted. The commissioner shall adopt rules
	necessary to ensure that the student's performance on the
	assessment instrument is considered in the same manner for purposes
	of this section as the performance of a student enrolled at the high
	school level.
	(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
	entering the ninth grade 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 and to the extent necessary
	for purposes of Subdivisions (5) and (6), 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;
	(2)  a student subject to Subdivision (1) may not
	receive a high school diploma unless the student has performed
	satisfactorily on 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; [and]
	(3)  the agency may defer releasing assessment
	instrument questions and answer keys as required by Section
	39.023(e) to the extent necessary to develop additional assessment
	instruments;
	(4)  a student entering ninth grade during the
	2011-2012 or 2012-2013 school year shall be administered each
	end-of-course assessment instrument listed in Section 39.023(c)
	for a course in which the student is enrolled and for which an
	end-of-course assessment instrument is administered;
	(5)  a student subject to Subdivision (4) may not
	receive a high school diploma under the recommended high school
	program unless the student:
	(A)  achieves a score that meets or exceeds the
	score determined by the commissioner under Section 39.0241(a) on
	end-of-course assessment instruments for the following:
	(i)  English III;
	(ii)  Algebra II;
	(iii)  biology, chemistry, or physics; and
	(iv)  world geography, world history, or
	United States history; or
	(B)  has performed satisfactorily on 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;
	(6)  a student subject to Subdivision (4) may not
	receive a high school diploma under the minimum high school program
	unless the student:
	(A)  achieves a score that meets or exceeds the
	score determined by the commissioner under Section 39.0241(a) on
	end-of-course assessment instruments for the following:
	(i)  English III;
	(ii)  Algebra I;
	(iii)  biology, chemistry, or physics; and
	(iv)  world geography, world history, or
	United States history; or
	(B)  has performed satisfactorily on 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; and
	(7)  a student entering ninth grade during the
	2013-2014 school year or a later school year may not receive a high
	school diploma unless the student has satisfied the requirements of
	Subsection (a) and Subsection (a-2), (a-3), or (a-4), as applicable
	to the student.
	(g)  Rules adopted under Subsection (f) must require that
	each student who will be subject to the requirements of Subsection
	(a), (a-2), (a-3), (a-4), or (f)(4) is entitled to notice of the
	specific requirements applicable to the student.  Notice under this
	subsection must be provided not later than the date the student
	enters the eighth grade.  For a student who entered eighth grade in
	the 2010-2011 school year, notice under this subsection must also
	be provided not later than the date the student enters the ninth
	grade to inform the student of modifications in the requirements
	applicable to the student.  Subsection (f) and this subsection
	expire September 1, 2017 [2015].
	SECTION 6.  Section 39.034, Education Code, is amended by
	adding Subsection (e) to read as follows:
	(e)  The agency may use a projection measure only in
	determining, for purposes of this section, an expected level of
	annual improvement in student achievement. The agency may not use a
	projection measure as a representation, for purposes of this
	section, of an actual level of annual improvement in student
	achievement.
	SECTION 7.  Section 39.053, Education Code, is amended by
	adding Subsection (d-1) 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.
	SECTION 8.  Section 39.203, Education Code, is amended by
	adding Subsection (d) to read as follows:
	(d)  In addition to the distinction designations otherwise
	described by this section, the commissioner may award a distinction
	designation 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).
	SECTION 9.  (a) A school district policy adopted under
	Section 39.023(c), Education Code, as amended by this Act, applies
	beginning with the 2011-2012 school year.
	(b)  Section 39.025(b), Education Code, as amended by this
	Act, applies beginning with the 2011-2012 school year.
	SECTION 10.  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, 2011.