Metcalf’s bill ending STAAR as a graduation requirement

The text as introduced · 4,572 words

89R14639 MEW-F

By: Metcalf
H.B. No. 3470

A BILL TO BE ENTITLED

AN ACT

relating to the administration of assessment instruments in public

schools, eliminating the requirement to use public school

assessment instruments as a criterion for promotion or graduation,

and the temporary suspension of certain accountability

determinations for a school district or campus in a school year in

which the operations of the district or campus are disrupted as a

result of a declared disaster.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 12.257(b), Education Code, is amended to

read as follows:

(b) A charter granted under this subchapter must:

(1) include a description of the adult education

program to be offered under this subchapter; and

(2) establish specific, objective standards for

receiving a high school diploma, including[ :

[ (A) ] successful completion of:

(A) [ (i) ] if applicable to the program

participant, the curriculum requirements under Section 28.025; or

(B) [ (ii) ] the appropriate curriculum

requirements applicable to the program participant[ ; and

[ (B) satisfactory performance on the

standardized secondary exit-level assessment instrument described

by Section 12.260 ].

SECTION 2. Section 12.258(a), Education Code, is amended to

read as follows:

(a) A person who is at least 18 years of age and not more

than 50 years of age is eligible to enroll in an adult education

program operated under a charter granted under this subchapter if

the person:

(1) has failed to complete the curriculum requirements

for high school graduation; or

(2) has failed to perform satisfactorily on an

assessment instrument that, before the 2025-2026 school year, was

required for high school graduation.

SECTION 3. Section 12.260(b), Education Code, is amended to

read as follows:

(b) The commissioner, in cooperation with the advisory

committee established under Section 12.254, shall determine the

level of performance considered to be satisfactory on the secondary

exit-level assessment instrument adopted under Subsection (a) [ for

receipt of a high school diploma by a program participant in an

adult education program operated under a charter granted under this

subchapter ].

SECTION 4. 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; and

(4) [ require that students enrolled in the diploma

program satisfy the requirements of 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 5. Section 19.0043(b), Education Code, is amended

to read as follows:

(b) A student may graduate and receive a diploma from a

Windham School District 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 Section 39.025 ]; 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.

SECTION 6. 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; and

(B) awarding credit for completed course work;

and

[ (C) permitting a student to satisfy the

requirements of Section 39.025 through successful performance on

comparable end-of-course or other exit-level assessment

instruments administered in another state; and ]

(2) include appropriate criteria developed by the

agency.

SECTION 7. 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; and

(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 8. Section 28.0211(a-8), Education Code, is amended

to read as follows:

(a-8) A school district may not be required to provide

supplemental instruction under Subsection (a-1)(2) to a student in

more than two subject areas per school year. If the district would

otherwise be required to provide supplemental instruction to a

student in more than two subject areas for a school year, the

district shall prioritize providing supplemental instruction to

the student in mathematics and reading[ , or Algebra I, English I, or

English II, as applicable, ] for that school year.

SECTION 9. Sections 28.025(b-7), (c), and (e), Education

Code, are amended to read as follows:

(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 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 Section [ Sections ] 28.0256 [ and

39.025 ]; or

(2) the student successfully completes an

individualized education program developed under Section 29.005.

(e) Each school district shall report the academic

achievement record of students who have completed the foundation

high school program on transcript forms adopted by the State Board

of Education. [ The transcript forms adopted by the board must be

designed to clearly identify whether a student received a diploma

or a certificate of coursework completion. ]

SECTION 10. Sections 28.02541(a) and (d), Education Code,

are amended to read as follows:

(a) This section applies only to a student who:

(1) entered the ninth grade before the 2011-2012

school year; and

(2) successfully completed the curriculum

requirements for high school graduation applicable to the student

when the student entered the ninth grade[ ;

[ (3) has not performed satisfactorily on an assessment

instrument or a part of an assessment instrument required for high

school graduation, including an alternate assessment instrument

offered under Section 39.025(c-2); and

[ (4) has been administered the assessment instrument

or the part of the assessment instrument for which the student has

not performed satisfactorily at least three times ].

(d) In adopting rules under Subsection (c)(2), the

commissioner may authorize as an alternative requirement:

(1) [ an alternative assessment instrument and

performance standard for that assessment instrument;

[ (2) ] work experience; or

(2) [ (3) ] military or other relevant life experience.

SECTION 11. Section 28.02591(a), Education Code, is amended

to read as follows:

(a) The Texas Higher Education Coordinating Board, in

coordination with the agency, shall collect longitudinal data

relating to the post-graduation pursuits of each student who is

awarded a diploma based on the determination of an individual

graduation committee under former Section 28.0258, as that section

existed on January 1, 2025, including whether the student:

(1) enters the workforce;

(2) enrolls in an associate degree or certificate

program at a public or private institution of higher education;

(3) enrolls in a bachelor's degree program at a public

or private institution of higher education; or

(4) enlists in the armed forces of the United States or

the Texas National Guard.

SECTION 12. Section 29.081(b-1), Education Code, is amended

to read as follows:

(b-1) Each school district shall offer before the next

scheduled administration of the assessment instrument, without

cost to the student, additional accelerated instruction to each

student in any subject in which the student failed to perform

satisfactorily on an end-of-course assessment instrument listed in

Section 39.023(c) [ required for graduation ].

SECTION 13. Section 29.402(c), Education Code, is amended

to read as follows:

(c) A public junior college under this section shall:

(1) design a dropout recovery curriculum that includes

career and technology education courses that lead to industry or

career certification;

(2) integrate into the dropout recovery curriculum

research-based strategies to assist students in becoming able

academically to pursue postsecondary education, including:

(A) high quality, college readiness instruction

with strong academic and social supports;

(B) secondary to postsecondary bridging that

builds college readiness skills, provides a plan for college

completion, and ensures transition counseling; and

(C) information concerning appropriate supports

available in the first year of postsecondary enrollment to ensure

postsecondary persistence and success, to the extent funds are

available for the purpose;

(3) offer advanced academic and transition

opportunities, including dual credit courses and college

preparatory courses, such as advanced placement courses; and

(4) coordinate with each partnering school district to

provide in the articulation agreement that the district retains

accountability for student attendance and [ , ] student completion of

high school course requirements[ , and student performance on

assessment instruments ] as necessary for the student to receive a

diploma from a high school of the partnering school district.

SECTION 14. 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

Section 39.025, ] 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 15. Section 30.104(b), Education Code, is amended

to read as follows:

(b) A student may graduate and receive a diploma from a

department 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 Section 39.025 ]; 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.

SECTION 16. Section 32.258(b), Education Code, is amended

to read as follows:

(b) The system established under Subsection (a) shall

provide a means for a student or the student's parent or other

person standing in parental relationship to track the student's

progress on assessment instruments administered under Section

39.023 [ instrument requirements for graduation ].

SECTION 17. Section 39.003(a), Education Code, is amended

to read as follows:

(a) The commissioner may authorize special investigations

to be conducted:

(1) when excessive numbers of absences of students

eligible to be tested on state assessment instruments are

determined;

(2) when excessive numbers of allowable exemptions

from the required state assessment instruments are determined;

(3) in response to complaints submitted to the agency

with respect to alleged violations of civil rights or other

requirements imposed on the state by federal law or court order;

(4) in response to established compliance reviews of

the district's financial accounting practices and state and federal

program requirements;

(5) when extraordinary numbers of student placements

in disciplinary alternative education programs, other than

placements under Sections 37.006 and 37.007, are determined;

(6) in response to an allegation involving a conflict

between members of the board of trustees or between the board and

the district administration if it appears that the conflict

involves a violation of a role or duty of the board members or the

administration clearly defined by this code;

(7) when excessive numbers of students in special

education programs under Subchapter A, Chapter 29, are assessed

through assessment instruments developed or adopted under Section

39.023(b);

(8) in response to an allegation regarding or an

analysis using a statistical method result indicating a possible

violation of an assessment instrument security procedure

established under Section 39.0301, including for the purpose of

investigating or auditing a school district under that section;

(9) when a significant pattern of decreased academic

performance has developed as a result of the promotion in the

preceding two school years of students who did not perform

satisfactorily as determined by the commissioner under Section

39.0241(a) on assessment instruments administered under Section

39.023(a), (c), or (l);

(10) when excessive numbers of students eligible to

enroll fail to complete an Algebra II course or any other advanced

course as determined by the commissioner;

(11) when resource allocation practices as evaluated

under Section 39.0821 indicate a potential for significant

improvement in resource allocation;

(12) when a disproportionate number of students of a

particular demographic group is graduating with a particular

endorsement under Section 28.025(c-1);

(13) when an excessive number of students is

graduating with a particular endorsement under Section

28.025(c-1);

(14) in response to a complaint submitted to the

agency with respect to alleged inaccurate data that is reported

through the Public Education Information Management System (PEIMS)

or through other reports required by state or federal law or rule or

court order and that is used by the agency to make a determination

relating to public school accountability, including accreditation,

under this chapter;

(15) [ when 10 percent or more of the students

graduating in a particular school year from a particular high

school campus are awarded a diploma based on the determination of an

individual graduation committee under Section 28.0258;

[ (16) ] when a school district for any reason fails to

produce, at the request of the agency, evidence or an investigation

report relating to an educator who is under investigation by the

State Board for Educator Certification; or

(16) [ (17) ] as the commissioner otherwise determines

necessary.

SECTION 18. Section 39.023, Education Code, is amended by

amending Subsections (a), (c), and (c-2) and adding Subsection (q)

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, 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

eight;

(2) reading, annually in grades three through eight;

and

(3) [ social studies, in grade eight;

[ (4) ] science, in grades five and eight[ ; and

[ (5) any other subject and grade required by federal

law ].

(c) The agency shall also adopt end-of-course assessment

instruments for secondary-level courses in reading, mathematics,

and science only as necessary to comply with the Every Student

Succeeds Act (20 U.S.C. Section 6301 et seq.) to be administered

only as necessary to meet the minimum requirements of that Act

[ 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, but may include one or

more parts that prohibit the use of technology. The English I and

English II end-of-course assessment instruments must each assess

essential knowledge and skills in both reading and writing and must

provide a single score ]. A school district shall comply with State

Board of Education rules regarding administration of the assessment

instruments adopted under [ 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. An end-of-course

assessment instrument may be administered in multiple parts over

more than one day. [ The State Board of Education shall adopt a

schedule for the administration of end-of-course assessment

instruments that complies with the requirements of Subsection

(c-3). ]

(c-2) The agency may adopt end-of-course assessment

instruments for courses for which end-of-course assessment

instruments are not adopted under [ not listed in ] Subsection

(c). A student's performance on an end-of-course assessment

instrument adopted under this subsection is not subject to the

performance requirements established under Subsection (c) or

Section 39.025.

(q) Notwithstanding any provision of this section or other

law, if changes made to the Every Student Succeeds Act (20 U.S.C.

Section 6301 et seq.) reduce the number or frequency of assessment

instruments required to be administered to students, the State

Board of Education shall adopt rules reducing the number or

frequency of assessment instruments administered to students under

state law, and the commissioner shall ensure that students are not

assessed in subject areas or in grades that are no longer required

to meet the minimum requirements of that Act.

SECTION 19. Subchapter B, Chapter 39, Education Code, is

amended by adding Section 39.0239 to read as follows:

Sec. 39.0239. ADMINISTRATION OF ASSESSMENT INSTRUMENTS AND

TEMPORARY SUSPENSION OF CERTAIN ACCOUNTABILITY MEASURES DURING

DISASTER. (a) If a school district is located wholly or partly in

the area of a disaster declared by the president of the United

States under the Robert T. Stafford Disaster Relief and Emergency

Assistance Act (42 U.S.C. Section 5121 et seq.) or by the governor

under Chapter 418, Government Code, during a school year in which

district operations, including in-person attendance, are

disrupted, the commissioner shall apply to the United States

Department of Education for a waiver of the requirement under the

Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) to

administer assessment instruments during that school year for the

affected district.

(b) If the United States Department of Education fails to

grant a waiver requested under Subsection (a), the assessment

instruments shall be administered as required under Section 39.023

during the applicable school year, but, notwithstanding any other

law, the commissioner may not consider the results of the

assessment instruments for purposes of evaluating school district

or campus performance under this chapter for the affected district

for the applicable school year, including in determining:

(1) the accreditation status of a district under

Section 39.051;

(2) the performance rating to assign to the district

or the district's campuses under Section 39.054; or

(3) whether to impose any intervention or sanction

authorized by Chapter 39A after the applicable school year on the

district or the district's campuses.

SECTION 20. The heading to Section 39.025, Education Code,

is amended to read as follows:

Sec. 39.025. USE OF END-OF-COURSE ASSESSMENT INSTRUMENT

[ SECONDARY-LEVEL PERFORMANCE REQUIRED ].

SECTION 21. Section 39.025(a), Education Code, is amended

to read as follows:

(a) The commissioner shall adopt rules requiring a student

in the foundation high school program under Section 28.025 to be

administered an end-of-course assessment instrument 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. Each student's performance on an end-of-course

assessment instrument shall be evaluated to determine whether the

[ A ] student achieved [ is required to achieve ] a scale score that

indicates satisfactory performance, as determined by the

commissioner under Section 39.0241(a)[ , on each end-of-course

assessment instrument administered to the student ]. The results of

the administration of an end-of-course assessment instrument

required under this subsection may not be used as criteria for

graduation. The results may be used only for the purpose of

diagnosing the academic strengths and deficiencies of a student and

guiding specific instruction to the student. [ For each scale score

required under this subsection that is not based on a 100-point

scale scoring system, the commissioner shall provide for

conversion, in accordance with commissioner rule, of the scale

score to an equivalent score based on a 100-point scale scoring

system. A student may not receive a high school diploma until the

student has performed satisfactorily on end-of-course assessment

instruments in the manner provided under this subsection. ] This

subsection does not require a student to demonstrate readiness to

enroll in an institution of higher education.

SECTION 22. 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 listed

in Section 39.023(c) [ required under this subchapter for

graduation ].

SECTION 23. Section 39.053(c), Education Code, is amended

to read as follows:

(c) School districts and campuses must be evaluated based on

three domains of indicators of achievement adopted under this

section that include:

(1) in the student achievement domain, indicators of

student achievement that must include:

(A) for evaluating the performance of districts

and campuses generally:

(i) an indicator that accounts for the

results of assessment instruments required under Sections

39.023(a), (c), and (l), as applicable for the district and campus,

including the results of those assessment instruments [ required for

graduation ] retaken by a student, aggregated across grade levels by

subject area, including:

(a) for the performance standard

determined by the commissioner under Section 39.0241(a), the

percentage of students who performed satisfactorily on the

assessment instruments, aggregated across grade levels by subject

area; and

(b) for the college readiness

performance standard as determined under Section 39.0241, the

percentage of students who performed satisfactorily on the

assessment instruments, aggregated across grade levels by subject

area; and

(ii) an indicator that accounts for the

results of assessment instruments required under Section

39.023(b), as applicable for the district and campus, including the

percentage of students who performed satisfactorily on the

assessment instruments, as determined by the performance standard

adopted by the agency, aggregated across grade levels by subject

area; and

(B) for evaluating the performance of high school

campuses and districts that include high school campuses,

indicators that account for:

(i) students who satisfy the Texas Success

Initiative (TSI) college readiness benchmarks prescribed by the

Texas Higher Education Coordinating Board under Section 51.334 on

an assessment instrument in reading or mathematics designated by

the coordinating board under that section;

(ii) students who satisfy relevant

performance standards on advanced placement tests or similar

assessments;

(iii) students who earn dual course credits

in the dual credit courses;

(iv) students who enlist in the armed

forces of the United States or the Texas National Guard;

(v) students who earn industry

certifications;

(vi) students admitted into postsecondary

industry certification programs that require as a prerequisite for

entrance successful performance at the secondary level;

(vii) students whose successful completion

of a course or courses under Section 28.014 indicates the student's

preparation to enroll and succeed, without remediation, in an

entry-level general education course for a baccalaureate degree or

associate degree;

(viii) students who successfully met

standards on a composite of indicators that through research

indicates the student's preparation to enroll and succeed, without

remediation, in an entry-level general education course for a

baccalaureate degree or associate degree;

(ix) high school graduation rates, computed

in accordance with standards and definitions adopted in compliance

with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.)

subject to the exclusions provided by Subsections (g), (g-1),

(g-2), (g-3), and (g-4);

(x) students who successfully completed an

OnRamps dual enrollment course;

(xi) students who successfully completed a

practicum or internship approved by the State Board of Education;

(xii) students who are awarded an associate

degree; and

(xiii) students who successfully completed

a program of study in career and technical education;

(2) in the school progress domain, indicators for

effectiveness in promoting student learning, which must include:

(A) for assessment instruments, including

assessment instruments under Subdivisions (1)(A)(i) and (ii), the

percentage of students who met the standard for improvement, as

determined by the commissioner; and

(B) for evaluating relative performance, the

performance of districts and campuses compared to similar districts

or campuses; and

(3) in the closing the gaps domain, the use of

disaggregated data to demonstrate the differentials among students

from different racial and ethnic groups, socioeconomic

backgrounds, and other factors, including:

(A) students formerly receiving special

education services;

(B) students continuously enrolled; and

(C) students who are mobile.

SECTION 24. Section 39.203(c), Education Code, is amended

to read as follows:

(c) In addition to the distinction designations described

by Subsections (a) and (b), a campus that satisfies the criteria

developed under Section 39.204 shall be awarded a distinction

designation by the commissioner for outstanding performance in

academic achievement in reading [ English language arts ],

mathematics, or science[ , or social studies ].

SECTION 25. The following provisions of the Education Code

are repealed:

(1) Section 12.104(b-2);

(2) Section 19.0043(c);

(3) Sections 28.0211(o) and (p);

(4) Sections 28.025(c-6) and (d);

(5) Section 28.0258;

(6) Section 28.0259;

(7) Section 30.104(c);

(8) Section 39.023(c-9); and

(9) Sections 39.025(a-1), (a-2), (a-3), (a-4), (a-5),

(b), (c), (c-1), (c-2), (d), (e), (f), (f-1), (f-2), and (g).

SECTION 26. (a) As soon as practicable after the effective

date of this Act, each school district that provided notice to an

eighth grade student during the 2024-2025 school year under Section

39.025(g), Education Code, as that section existed before its

repeal by this Act, shall send an updated notice to that student

informing the student of the specific requirements applicable to

the student under Sections 39.023(c) and 39.025(a), Education Code,

as amended by this Act.

(b) As soon as practicable after the effective date of this

Act, the commissioner of education shall determine the level of

performance considered to be satisfactory as required under Section

39.0241(a), Education Code, on the assessment instrument required

under Section 39.023(c), Education Code, as amended by this Act.

SECTION 27. This Act applies beginning with the 2025-2026

school year.

SECTION 28. 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, 2025.