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A BILL TO BE ENTITLED
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AN ACT
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relating to the assessment of public school students in writing and |
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English language arts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 18.005(c), Education Code, is amended to |
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read as follows: |
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(c) A Job Corps diploma program shall: |
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(1) develop educational programs specifically |
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designed for persons eligible for enrollment in a Job Corps |
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training program established by the United States Department of |
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Labor; |
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(2) coordinate educational programs and services in |
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the diploma program with programs and services provided by the |
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United States Department of Labor and other federal and state |
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agencies and local political subdivisions and by persons who |
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provide programs and services under contract with the United States |
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Department of Labor; |
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(3) provide a course of instruction that includes the |
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required curriculum under Subchapter A, Chapter 28; |
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(4) require that students enrolled in the diploma |
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program satisfy the requirements of Sections 18.0055 and [Section] |
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39.025 before receiving a diploma under this chapter; and |
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(5) comply with a requirement imposed under this title |
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or a rule adopted under this title relating to the Public Education |
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Information Management System (PEIMS) to the extent necessary to |
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determine compliance with this chapter, as determined by the |
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commissioner. |
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SECTION 2. Chapter 18, Education Code, is amended by adding |
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Section 18.0055 to read as follows: |
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Sec. 18.0055. LOCAL ASSESSMENT REQUIRED: WRITING. A Job |
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Corps diploma program shall provide for the evaluation of student |
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achievement in writing consistent with the requirements provided |
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for school districts under Section 39.0264 for courses listed under |
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Section 39.0264(b). A Job Corps diploma program shall provide for |
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notice and reporting of performance of students assessed consistent |
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with the requirements under Section 39.0264. |
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SECTION 3. Section 25.005(b), Education Code, is amended to |
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read as follows: |
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(b) A reciprocity agreement must: |
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(1) address procedures for: |
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(A) transferring student records; |
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(B) awarding credit for completed course work; |
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and |
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(C) permitting a student to satisfy the |
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requirements of: |
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(i) Section 39.025 through successful |
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performance on comparable end-of-course or other exit-level |
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assessment instruments administered in another state; and |
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(ii) Section 39.0264(b) through successful |
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performance under a method of assessment in another state |
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determined by the school district in which the student attends to be |
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comparable to or at least as rigorous as the method of assessment |
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used by that district; and |
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(2) include appropriate criteria developed by the |
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agency. |
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SECTION 4. Sections 28.025(b-4), (b-7), (c), and (d), |
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Education Code, are amended to read as follows: |
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(b-4) A school district may offer the curriculum described |
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in Subsections (b-1)(1) through (4) in an applied manner. Courses |
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delivered in an applied manner must cover the essential knowledge |
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and skills, and the student shall be: |
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(1) administered the applicable end-of-course |
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assessment instrument as provided by Sections 39.023(c) and 39.025; |
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and |
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(2) for an applicable course described by Subsection |
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(b-1)(1), assessed as provided by Section 39.0264(b). |
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(b-7) The State Board of Education, in coordination with the |
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Texas Higher Education Coordinating Board, shall adopt rules to |
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ensure that a student may comply with the curriculum requirements |
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under the foundation high school program or for an endorsement |
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under Subsection (c-1) by successfully completing appropriate |
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courses in the core curriculum of an institution of higher |
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education under Section 61.822. Notwithstanding Subsection (b-15) |
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or (c) of this section, Section 39.025 or 39.0264(b), or any other |
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provision of this code and notwithstanding any school district |
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policy, a student who has completed the core curriculum of an |
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institution of higher education under Section 61.822, as certified |
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by the institution in accordance with commissioner rule, is |
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considered to have earned a distinguished level of achievement |
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under the foundation high school program and is entitled to receive |
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a high school diploma from the appropriate high school as that high |
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school is determined in accordance with commissioner rule. A |
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student who is considered to have earned a distinguished level of |
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achievement under the foundation high school program under this |
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subsection may apply for admission to an institution of higher |
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education for the first semester or other academic term after the |
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semester or other academic term in which the student completes the |
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core curriculum. |
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(c) A person may receive a diploma if the person is eligible |
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for a diploma under Section 28.0251. In other cases, a student may |
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graduate and receive a diploma only if: |
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(1) the student successfully completes the curriculum |
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requirements identified by the State Board of Education under |
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Subsection (a) and complies with Sections [Section] 39.025 and |
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39.0264(b); or |
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(2) the student successfully completes an |
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individualized education program developed under Section 29.005. |
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(d) A school district may issue a certificate of coursework |
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completion to a student who successfully completes the curriculum |
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requirements identified by the State Board of Education under |
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Subsection (a) but who fails to comply with Section 39.025 or |
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39.0264(b). A school district may allow a student who receives a |
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certificate to participate in a graduation ceremony with students |
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receiving high school diplomas. |
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SECTION 5. Section 28.0255(g), Education Code, is amended |
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to read as follows: |
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(g) A student is entitled to a high school diploma if the |
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student: |
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(1) successfully complies with the curriculum |
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requirements specified under Subsection (e); [and] |
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(2) performs satisfactorily, as determined by the |
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commissioner under Subsection (h), on end-of-course assessment |
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instruments listed under Section 39.023(c) for courses in which the |
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student was enrolled; and |
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(3) demonstrates performance that indicates that the |
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student has successfully achieved the essential knowledge and |
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skills in writing, as determined by standards established by the |
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board of trustees of the school district, for each course listed |
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under Section 39.0264(b) in which the student is enrolled. |
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SECTION 6. Section 29.087(f), Education Code, is amended to |
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read as follows: |
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(f) A student participating in a program authorized by this |
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section, other than a student ordered to participate under |
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Subsection (d)(1), must have taken the appropriate end-of-course |
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assessment instruments specified by Section 39.023(c) and been |
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assessed for the appropriate courses as provided by Section |
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39.0264(b) before entering the program and must take each |
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appropriate end-of-course assessment instrument administered |
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during the period in which the student is enrolled in the program |
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and be assessed for each appropriate course as provided by Section |
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39.0264(b) during the period in which the student is enrolled in the |
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program. Except for a student ordered to participate under |
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Subsection (d)(1), a student participating in the program may not |
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take the high school equivalency examination unless the student has |
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taken the assessment instruments required by this subsection and |
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been assessed for the appropriate courses as provided by Section |
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39.0264(b) as required by this subsection. |
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SECTION 7. Section 29.402(b), Education Code, is amended to |
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read as follows: |
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(b) A person who is under 26 years of age is eligible to |
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enroll in a dropout recovery program under this subchapter if the |
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person: |
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(1) must complete not more than three course credits |
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to complete the curriculum requirements for the foundation high |
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school program for high school graduation; or |
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(2) has failed to: |
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(A) perform satisfactorily on an end-of-course |
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assessment instrument administered under Section 39.023(c) or an |
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assessment instrument administered under Section 39.023(c) as that |
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section existed before amendment by Chapter 1312 (S.B. 1031), Acts |
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of the 80th Legislature, Regular Session, 2007; or |
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(B) demonstrate satisfactory performance under |
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an assessment required by Section 39.0264(b). |
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SECTION 8. Section 30.021(e), Education Code, is amended to |
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read as follows: |
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(e) The school shall cooperate with public and private |
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agencies and organizations serving students and other persons with |
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visual impairments in the planning, development, and |
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implementation of effective educational and rehabilitative service |
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delivery systems associated with educating students with visual |
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impairments. To maximize and make efficient use of state |
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facilities, funding, and resources, the services provided in this |
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area may include conducting a cooperative program with other |
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agencies to serve students who have graduated from high school by |
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completing all academic requirements applicable to students in |
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regular education, excluding satisfactory performance under |
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Sections [Section] 39.025 and 39.0264(b), who are younger than 22 |
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years of age on September 1 of the school year and who have |
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identified needs related to vocational training, independent |
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living skills, orientation and mobility, social and leisure skills, |
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compensatory skills, or remedial academic skills. |
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SECTION 9. Sections 30.104(b) and (c), Education Code, are |
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amended to read as follows: |
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(b) A student may graduate and receive a diploma from a |
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Texas Juvenile Justice Department [Youth Commission] educational |
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program if: |
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(1) the student successfully completes the curriculum |
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requirements identified by the State Board of Education under |
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Section 28.025(a) and complies with: |
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(A) Section 39.025; and |
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(B) Section 39.0264(b), including by |
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demonstrating satisfactory performance under the method of |
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assessment required by the school district granting the student |
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academic course requirements for high school graduation for a |
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course listed in Section 39.0264(b) that the student successfully |
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completes in Texas Juvenile Justice Department educational |
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programs; or |
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(2) the student successfully completes the curriculum |
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requirements under Section 28.025(a) as modified by an |
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individualized education program developed under Section 29.005. |
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(c) A Texas Juvenile Justice Department [Youth Commission] |
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educational program may issue a certificate of course-work |
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completion to a student who successfully completes the curriculum |
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requirements identified by the State Board of Education under |
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Section 28.025(a) but who fails to comply with Section 39.025 or |
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39.0264(b). |
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SECTION 10. Section 37.011, Education Code, is amended by |
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amending Subsection (d) and adding Subsection (d-1) to read as |
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follows: |
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(d) A juvenile justice alternative education program must |
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focus on English language arts, mathematics, science, social |
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studies, and self-discipline. Each school district shall consider |
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course credit earned by a student while in a juvenile justice |
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alternative education program as credit earned in a district |
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school. Each program shall administer assessment instruments under |
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Subchapter B, Chapter 39, shall assess students in applicable |
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grades and courses as provided by Subsection (d-1), and shall offer |
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a high school equivalency program. The juvenile board or the |
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board's designee, with the parent or guardian of each student, |
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shall regularly review the student's academic progress. In the |
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case of a high school student, the board or the board's designee, |
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with the student's parent or guardian, shall review the student's |
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progress towards meeting high school graduation requirements and |
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shall establish a specific graduation plan for the student. The |
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program is not required to provide a course necessary to fulfill a |
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student's high school graduation requirements other than a course |
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specified by this subsection. |
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(d-1) A juvenile justice alternative education program |
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shall provide for the evaluation of student achievement in writing |
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consistent with the requirements provided for school districts |
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under Section 39.0264. A juvenile justice alternative education |
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program shall provide for notice and reporting of performance of |
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students assessed consistent with the requirements under Section |
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39.0264. |
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SECTION 11. Section 39.023(a), Education Code, as effective |
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until on or before September 1, 2017, is amended to read as follows: |
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(a) The agency shall adopt or develop appropriate |
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criterion-referenced assessment instruments designed to assess |
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essential knowledge and skills in reading, English language arts |
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[writing], mathematics, social studies, and science. Except as |
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provided by Subsection (a-2), all students, other than students |
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assessed under Subsection (b) or (l) or exempted under Section |
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39.027, shall be assessed in: |
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(1) mathematics, annually in grades three through |
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seven without the aid of technology and in grade eight with the aid |
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of technology on any assessment instrument that includes algebra; |
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(2) reading, annually in grades three through eight; |
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(3) English language arts [writing], including |
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spelling and grammar, in grades four and seven; |
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(4) social studies, in grade eight; |
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(5) science, in grades five and eight; and |
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(6) any other subject and grade required by federal |
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law. |
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SECTION 12. Section 39.023(a), Education Code, as effective |
|
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on or before September 1, 2017, is amended to read as follows: |
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(a) The agency shall adopt or develop appropriate |
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criterion-referenced assessment instruments designed to assess |
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essential knowledge and skills in reading, English language arts |
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[writing], mathematics, social studies, and science. Except as |
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provided by Subsection (a-2), all students, other than students |
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assessed under Subsection (b) or (l) or exempted under Section |
|
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39.027, shall be assessed in: |
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(1) mathematics, in grades three and five without the |
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aid of technology and in grade eight with the aid of technology on |
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any assessment instrument that includes algebra; |
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(2) reading, in grades three, five, and eight; |
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(3) English language arts [writing], including |
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spelling and grammar, in grades four and seven; |
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(4) social studies, in grade eight; and |
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(5) science, in grades five and eight. |
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SECTION 13. Section 39.023(a), Education Code, as effective |
|
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September 1, 2018, is amended to read as follows: |
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(a) The agency shall adopt or develop appropriate |
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criterion-referenced assessment instruments designed to assess |
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essential knowledge and skills in reading, English language arts |
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[writing], mathematics, social studies, and science. Except as |
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provided by Subsection (a-2), all students, other than students |
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assessed under Subsection (b) or (l) or exempted under Section |
|
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39.027, shall be assessed in: |
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(1) mathematics, annually in grades three through |
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seven without the aid of technology and in grade eight with the aid |
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of technology on any assessment instrument that includes algebra; |
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(2) reading, annually in grades three through eight; |
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(3) English language arts [writing], including |
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spelling and grammar, in grades four and seven; |
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(4) social studies, in grade eight; |
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(5) science, in grades five and eight; and |
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(6) any other subject and grade required by federal |
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law. |
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SECTION 14. Section 39.023, Education Code, is amended by |
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adding Subsection (b-2) to read as follows: |
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(b-2) Notwithstanding any other provision of this section, |
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a student in a special education program under Subchapter A, |
|
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Chapter 29, may, with the approval of the student's parent or legal |
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guardian, opt out of the administration of an assessment instrument |
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in English language arts otherwise required under this section. If |
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a student opts out of an assessment instrument in accordance with |
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this subsection, the student's school district, in conjunction with |
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the student's admission, review, and dismissal committee, shall |
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adopt or develop an alternative assessment instrument in English |
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language arts to be administered to the student. Assessment |
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instruments adopted or developed under this subsection must be |
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approved by the student's district superintendent. |
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SECTION 15. Section 39.023, Education Code, is amended by |
|
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amending Subsection (c) and adding Subsection (q) to read as |
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follows: |
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(c) The agency shall also adopt end-of-course assessment |
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instruments for secondary-level courses in Algebra I, biology, |
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English I, English II, and United States history. The Algebra I |
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end-of-course assessment instrument must be administered with the |
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aid of technology. The English I and English II end-of-course |
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assessment instruments must each assess essential knowledge and |
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skills in both reading and language arts [writing] in the same |
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assessment instrument and must provide a single score. A school |
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district shall comply with State Board of Education rules regarding |
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administration of the assessment instruments listed in this |
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subsection. If a student is in a special education program under |
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Subchapter A, Chapter 29, the student's admission, review, and |
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dismissal committee shall determine whether any allowable |
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modification is necessary in administering to the student an |
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assessment instrument required under this subsection. The State |
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Board of Education shall administer the assessment instruments. |
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The State Board of Education shall adopt a schedule for the |
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administration of end-of-course assessment instruments that |
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complies with the requirements of Subsection (c-3). |
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(q) The assessment of a student's writing is governed by |
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Section 39.0264. |
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SECTION 16. Subchapter B, Chapter 39, Education Code, is |
|
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amended by adding Section 39.0264 to read as follows: |
|
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Sec. 39.0264. LOCAL ASSESSMENT REQUIRED: WRITING. (a) To |
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evaluate student achievement in writing, each school district shall |
|
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assess students in grades four and seven and at the end of English I |
|
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and English II secondary-level courses in accordance with the |
|
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essential knowledge and skills for writing. A district may use any |
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method the district determines appropriate for assessing students |
|
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under this section, including portfolio assessment. |
|
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(b) A student assessed at the end of an English I or English |
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II secondary-level course is required to demonstrate performance |
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that indicates the student has successfully achieved the essential |
|
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knowledge and skills in writing for the course as determined by |
|
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standards established by the board of trustees of the school |
|
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district the student attends. A student may not receive a high |
|
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school diploma until the student has demonstrated satisfactory |
|
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performance in the manner provided by this subsection. |
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(c) The school district a student attends shall provide |
|
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written notice of the performance of a student assessed as required |
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under this section to the student's parent or person standing in |
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parental relation to the student. |
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(d) Each school year, each school district shall prepare a |
|
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report of the performance of students assessed as required by this |
|
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section. The report must include information regarding the |
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aggregate student performance in each grade or course required by |
|
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this section: |
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(1) for the district; and |
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(2) for each campus in the district. |
|
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(e) The report prepared under Subsection (d) must be: |
|
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(1) filed with: |
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(A) the agency; and |
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(B) the board of trustees of the school district; |
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and |
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(2) posted on the district's Internet website. |
|
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(f) For an assessment required by this section, a school |
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district is subject only to the notice and reporting requirements |
|
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provided by this section. |
|
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SECTION 17. Section 39.034(d), Education Code, is amended |
|
|
to read as follows: |
|
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(d) The agency shall determine the necessary annual |
|
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improvement required each year for a student to be prepared to |
|
|
perform satisfactorily on, as applicable: |
|
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(1) the grade five assessment instruments; |
|
|
(2) the grade eight assessment instruments; and |
|
|
(3) the end-of-course assessment instruments required |
|
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under Section 39.023 [this subchapter for graduation]. |
|
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SECTION 18. Not later than September 1, 2018, the Texas |
|
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Education Agency shall adopt or develop appropriate |
|
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criterion-referenced assessment instruments designed to assess |
|
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essential knowledge and skills in English language arts as required |
|
|
by Section 39.023, Education Code, as amended by this Act. |
|
|
SECTION 19. This Act applies beginning with the 2017-2018 |
|
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school year. |
|
|
SECTION 20. This Act takes effect immediately if it |
|
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receives a vote of two-thirds of all the members elected to each |
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|
house, as provided by Section 39, Article III, Texas Constitution. |
|
|
If this Act does not receive the vote necessary for immediate |
|
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effect, this Act takes effect September 1, 2017. |