By: VanDeaver, González, Guillen, Huberty,	H.B. No. 1164
	et al.

	A BILL TO BE ENTITLED
	AN ACT
	relating to the assessment of public school students in writing and
	English language arts.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 18.005(c), Education Code, is amended to
	read as follows:
	(c)  A Job Corps diploma program shall:
	(1)  develop educational programs specifically
	designed for persons eligible for enrollment in a Job Corps
	training program established by the United States Department of
	Labor;
	(2)  coordinate educational programs and services in
	the diploma program with programs and services provided by the
	United States Department of Labor and other federal and state
	agencies and local political subdivisions and by persons who
	provide programs and services under contract with the United States
	Department of Labor;
	(3)  provide a course of instruction that includes the
	required curriculum under Subchapter A, Chapter 28;
	(4)  require that students enrolled in the diploma
	program satisfy the requirements of Sections 18.0055 and [Section]
	39.025 before receiving a diploma under this chapter; and
	(5)  comply with a requirement imposed under this title
	or a rule adopted under this title relating to the Public Education
	Information Management System (PEIMS) to the extent necessary to
	determine compliance with this chapter, as determined by the
	commissioner.
	SECTION 2.  Chapter 18, Education Code, is amended by adding
	Section 18.0055 to read as follows:
	Sec. 18.0055.  LOCAL ASSESSMENT REQUIRED:  WRITING. A Job
	Corps diploma program shall provide for the evaluation of student
	achievement in writing consistent with the requirements provided
	for school districts under Section 39.0264 for courses listed under
	Section 39.0264(b). A Job Corps diploma program shall provide for
	notice and reporting of performance of students assessed consistent
	with the requirements under Section 39.0264.
	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:
	(i)  Section 39.025 through successful
	performance on comparable end-of-course or other exit-level
	assessment instruments administered in another state; and
	(ii)  Section 39.0264(b) through successful
	performance under a method of assessment in another state
	determined by the school district in which the student attends to be
	comparable to or at least as rigorous as the method of assessment
	used by that district; and
	(2)  include appropriate criteria developed by the
	agency.
	SECTION 4.  Sections 28.025(b-4), (b-7), (c), and (d),
	Education Code, are 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:
	(1)  administered the applicable end-of-course
	assessment instrument as provided by Sections 39.023(c) and 39.025;
	and
	(2)  for an applicable course described by Subsection
	(b-1)(1), assessed as provided by Section 39.0264(b).
	(b-7)  The State Board of Education, in coordination with the
	Texas Higher Education Coordinating Board, shall adopt rules to
	ensure that a student may comply with the curriculum requirements
	under the foundation high school program or for an endorsement
	under Subsection (c-1) by successfully completing appropriate
	courses in the core curriculum of an institution of higher
	education under Section 61.822.  Notwithstanding Subsection (b-15)
	or (c) of this section, Section 39.025 or 39.0264(b), or any other
	provision of this code and notwithstanding any school district
	policy, a student who has completed the core curriculum of an
	institution of higher education under Section 61.822, as certified
	by the institution in accordance with commissioner rule, is
	considered to have earned a distinguished level of achievement
	under the foundation high school program and is entitled to receive
	a high school diploma from the appropriate high school as that high
	school is determined in accordance with commissioner rule.  A
	student who is considered to have earned a distinguished level of
	achievement under the foundation high school program under this
	subsection may apply for admission to an institution of higher
	education for the first semester or other academic term after the
	semester or other academic term in which the student completes the
	core curriculum.
	(c)  A person may receive a diploma if the person is eligible
	for a diploma under Section 28.0251.  In other cases, a student may
	graduate and receive a diploma only if:
	(1)  the student successfully completes the curriculum
	requirements identified by the State Board of Education under
	Subsection (a) and complies with Sections [Section] 39.025 and
	39.0264(b); or
	(2)  the student successfully completes an
	individualized education program developed under Section 29.005.
	(d)  A school district may issue a certificate of coursework
	completion to a student who successfully completes the curriculum
	requirements identified by the State Board of Education under
	Subsection (a) but who fails to comply with Section 39.025 or
	39.0264(b).  A school district may allow a student who receives a
	certificate to participate in a graduation ceremony with students
	receiving high school diplomas.
	SECTION 5.  Section 28.0255(g), Education Code, is amended
	to read as follows:
	(g)  A student 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; and
	(3)  demonstrates performance that indicates that the
	student has successfully achieved the essential knowledge and
	skills in writing, as determined by standards established by the
	board of trustees of the school district, for each course listed
	under Section 39.0264(b) in which the student is enrolled.
	SECTION 6.  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 the appropriate end-of-course
	assessment instruments specified by Section 39.023(c) and been
	assessed for the appropriate courses as provided by Section
	39.0264(b) before entering the program and must take each
	appropriate end-of-course assessment instrument administered
	during the period in which the student is enrolled in the program
	and be assessed for each appropriate course as provided by Section
	39.0264(b) 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 and
	been assessed for the appropriate courses as provided by Section
	39.0264(b) as required by this subsection.
	SECTION 7.  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:
	(A)  perform satisfactorily on an end-of-course
	assessment instrument administered under Section 39.023(c) or 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; or
	(B)  demonstrate satisfactory performance under
	an assessment required by Section 39.0264(b).
	SECTION 8.  Section 30.021(e), Education Code, is amended to
	read as follows:
	(e)  The school shall cooperate with public and private
	agencies and organizations serving students and other persons with
	visual impairments in the planning, development, and
	implementation of effective educational and rehabilitative service
	delivery systems associated with educating students with visual
	impairments.  To maximize and make efficient use of state
	facilities, funding, and resources, the services provided in this
	area may include conducting a cooperative program with other
	agencies to serve students who have graduated from high school by
	completing all academic requirements applicable to students in
	regular education, excluding satisfactory performance under
	Sections [Section] 39.025 and 39.0264(b), who are younger than 22
	years of age on September 1 of the school year and who have
	identified needs related to vocational training, independent
	living skills, orientation and mobility, social and leisure skills,
	compensatory skills, or remedial academic skills.
	SECTION 9.  Sections 30.104(b) and (c), Education Code, are
	amended to read as follows:
	(b)  A student may graduate and receive a diploma from a
	Texas Juvenile Justice Department [Youth Commission] educational
	program if:
	(1)  the student successfully completes the curriculum
	requirements identified by the State Board of Education under
	Section 28.025(a) and complies with:
	(A)  Section 39.025; and
	(B)  Section 39.0264(b), including by
	demonstrating satisfactory performance under the method of
	assessment required by the school district granting the student
	academic course requirements for high school graduation for a
	course listed in Section 39.0264(b) that the student successfully
	completes in Texas Juvenile Justice Department educational
	programs; or
	(2)  the student successfully completes the curriculum
	requirements under Section 28.025(a) as modified by an
	individualized education program developed under Section 29.005.
	(c)  A Texas Juvenile Justice Department [Youth Commission]
	educational program may issue a certificate of course-work
	completion to a student who successfully completes the curriculum
	requirements identified by the State Board of Education under
	Section 28.025(a) but who fails to comply with Section 39.025 or
	39.0264(b).
	SECTION 10.  Section 37.011, Education Code, is amended by
	amending Subsection (d) and adding Subsection (d-1) to read as
	follows:
	(d)  A juvenile justice alternative education program must
	focus on English language arts, mathematics, science, social
	studies, and self-discipline. Each school district shall consider
	course credit earned by a student while in a juvenile justice
	alternative education program as credit earned in a district
	school. Each program shall administer assessment instruments under
	Subchapter B, Chapter 39, shall assess students in applicable
	grades and courses as provided by Subsection (d-1), and shall offer
	a high school equivalency program. The juvenile board or the
	board's designee, with the parent or guardian of each student,
	shall regularly review the student's academic progress. In the
	case of a high school student, the board or the board's designee,
	with the student's parent or guardian, shall review the student's
	progress towards meeting high school graduation requirements and
	shall establish a specific graduation plan for the student. The
	program is not required to provide a course necessary to fulfill a
	student's high school graduation requirements other than a course
	specified by this subsection.
	(d-1)  A juvenile justice alternative education program
	shall provide for the evaluation of student achievement in writing
	consistent with the requirements provided for school districts
	under Section 39.0264. A juvenile justice alternative education
	program shall provide for notice and reporting of performance of
	students assessed consistent with the requirements under Section
	39.0264.
	SECTION 11.  Section 39.023(a), Education Code, as effective
	until on or before September 1, 2015, is amended to read as follows:
	(a)  The agency shall adopt or develop appropriate
	criterion-referenced assessment instruments designed to assess
	essential knowledge and skills in reading, English language arts
	[writing], mathematics, social studies, and science.  Except as
	provided by Subsection (a-2), all students, other than students
	assessed under Subsection (b) or (l) or exempted under Section
	39.027, shall be assessed in:
	(1)  mathematics, annually in grades three through
	seven without the aid of technology and in grade eight with the aid
	of technology on any assessment instrument that includes algebra;
	(2)  reading, annually in grades three through eight;
	(3)  English language arts [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.
	SECTION 12.  Section 39.023(a), Education Code, as effective
	on or before September 1, 2015, is amended to read as follows:
	(a)  The agency shall adopt or develop appropriate
	criterion-referenced assessment instruments designed to assess
	essential knowledge and skills in reading, English language arts
	[writing], mathematics, social studies, and science.  Except as
	provided by Subsection (a-2), all students, other than students
	assessed under Subsection (b) or (l) or exempted under Section
	39.027, shall be assessed in:
	(1)  mathematics, in grades three and five without the
	aid of technology and in grade eight with the aid of technology on
	any assessment instrument that includes algebra;
	(2)  reading, in grades three, five, and eight;
	(3)  English language arts [writing], including
	spelling and grammar, in grades four and seven;
	(4)  social studies, in grade eight; and
	(5)  science, in grades five and eight.
	SECTION 13.  Section 39.023(a), Education Code, as effective
	September 1, 2017, is amended to read as follows:
	(a)  The agency shall adopt or develop appropriate
	criterion-referenced assessment instruments designed to assess
	essential knowledge and skills in reading, English language arts
	[writing], mathematics, social studies, and science.  Except as
	provided by Subsection (a-2), all students, other than students
	assessed under Subsection (b) or (l) or exempted under Section
	39.027, shall be assessed in:
	(1)  mathematics, annually in grades three through
	seven without the aid of technology and in grade eight with the aid
	of technology on any assessment instrument that includes algebra;
	(2)  reading, annually in grades three through eight;
	(3)  English language arts [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.
	SECTION 14.  Section 39.023, Education Code, is amended by
	adding Subsection (b-2) to read as follows:
	(b-2)  Notwithstanding any other provision of this section,
	a student in a special education program under Subchapter A,
	Chapter 29, may, with the approval of the student's parent or legal
	guardian, opt out of the administration of an assessment instrument
	in English language arts otherwise required under this section. If
	a student opts out of an assessment instrument in accordance with
	this subsection, the student's school district, in conjunction with
	the student's admission, review, and dismissal committee, shall
	adopt or develop an alternative assessment instrument in English
	language arts to be administered to the student. Assessment
	instruments adopted or developed under this subsection must be
	approved by the student's district superintendent.
	SECTION 15.  Section 39.023, Education Code, is amended by
	amending Subsection (c) and adding Subsection (q) to read as
	follows:
	(c)  The agency shall also adopt end-of-course assessment
	instruments for secondary-level courses in Algebra I, biology,
	English I, English II, and United States history.  The Algebra I
	end-of-course assessment instrument must be administered with the
	aid of technology.  The English I and English II end-of-course
	assessment instruments must each assess essential knowledge and
	skills in both reading and language arts [writing] in the same
	assessment instrument and must provide a single score.  A school
	district shall comply with State Board of Education rules regarding
	administration of the assessment instruments listed in this
	subsection.  If a student is in a special education program under
	Subchapter A, Chapter 29, the student's admission, review, and
	dismissal committee shall determine whether any allowable
	modification is necessary in administering to the student an
	assessment instrument required under this subsection.  The 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).
	(q)  The assessment of a student's writing is governed by
	Section 39.0264.
	SECTION 16.  Subchapter B, Chapter 39, Education Code, is
	amended by adding Section 39.0264 to read as follows:
	Sec. 39.0264.  LOCAL ASSESSMENT REQUIRED:  WRITING. (a)  To
	evaluate student achievement in writing, each school district shall
	assess students in grades four and seven and at the end of English I
	and English II secondary-level courses in accordance with the
	essential knowledge and skills for writing. A district may use any
	method the district determines appropriate for assessing students
	under this section, including portfolio assessment.
	(b)  A student assessed at the end of an English I or English
	II secondary-level course is required to demonstrate performance
	that indicates the student has successfully achieved the essential
	knowledge and skills in writing for the course as determined by
	standards established by the board of trustees of the school
	district the student attends.  A student may not receive a high
	school diploma until the student has demonstrated satisfactory
	performance in the manner provided by this subsection.
	(c)  The school district a student attends shall provide
	written notice of the performance of a student assessed as required
	under this section to the student's parent or person standing in
	parental relation to the student.
	(d)  Each school year, each school district shall prepare a
	report of the performance of students assessed as required by this
	section. The report must include information regarding the
	aggregate student performance in each grade or course required by
	this section:
	(1)  for the district; and
	(2)  for each campus in the district.
	(e)  The report prepared under Subsection (d) must be:
	(1)  filed with:
	(A)  the agency; and
	(B)  the board of trustees of the school district;
	and
	(2)  posted on the district's Internet website.
	(f)  For an assessment required by this section, a school
	district is subject only to the notice and reporting requirements
	provided by this section.
	SECTION 17.  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 Section 39.023 [this subchapter for graduation].
	SECTION 18.  Not later than September 1, 2016, the Texas
	Education Agency shall adopt or develop appropriate
	criterion-referenced assessment instruments designed to assess
	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 2016-2017
	school year.
	SECTION 20.  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, 2015.