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Neeley v. West Orange-Cove Consolidated Independent School Dist.11/22/2005
(D) fine arts;
(E) economics, with emphasis on the free enterprise system and its benefits;
(F) career and technology education; and
(G) technology applications.
The Legislature has also required that " he State Board of Education ['SBOE'], with the direct participation of educators, parents, business and industry representatives, and employers shall by rule identify the essential knowledge and skills of each subject of the required curriculum that all students should be able to demonstrate". After years of consultation and study, over a thousand public meetings, and thousands of public comments, the SBOE adopted the Texas Essential Knowledge and Skills ("TEKS") curriculum for use beginning in the 1998-1999 school year. The Legislature has also required the SBOE to "determine curriculum requirements for the minimum, recommended, and advanced high school programs that are consistent with the required curriculum". In 2000, after study and input, the SBOE revised these programs, making them more difficult and restricting future participation in the minimum program. Beginning in the 2004-2005 school year, no high school student may be enrolled in the minimum program unless the student, the student's parent or guardian, and a school administrator agree.
To correspond to the curriculum changes, the Legislature required the development of a new state standardized test - the Texas Assessment of Knowledge and Skills ("TAKS") test - to replace the Texas Assessment of Academic Skills ("TAAS") test. The TAKS test, developed after consultation with educators and testing experts and first given in the spring of 2003, has harder questions, covers more subjects - five (reading/English Language Arts, writing, math, science, and social studies) instead of three (for most of TAAS's duration) - and is given at more grade levels.
A student must pass portions of the test for promotion to the fourth and sixth grades (and in school year 2007-2008 to the ninth grade), and cannot graduate high school without passing an exit-level test first administered in the eleventh grade. A student may take the test as many as three times in order to pass it for promotion, and for any student who fails any part, the district must provide accelerated instruction, an individualized graduation plan, and study guides to the student's parents. A student may retake a necessary exit-level test any time it is administered. There are special tests for Spanish-speaking students, students with limited English proficiency, and disabled students.
At the Legislature's direction, the SBOE determined after public input what scores would constitute passing - "cut scores" - and decided that they should be lower at first, increasing over three years, to give teachers and students time to adjust to the new and more difficult test. To pass the 2004 TAKS test, an 11th grader was required to answer correctly 37 out of 73 questions (50.7%) on the reading test, 24 out of 55 questions on the science test (43.6%), and 25 out of 60 questions (41.7%) on the math test. The passing rates for the 2004 TAKS test, calculated statewide and for five different student populations - African-American, Hispanic, white, economically disadvantaged ("ED"), and limited-English-proficiency ("LEP") - are shown in this chart:
Grade State African- Hispanic White ED LEP
American 11 72% 58% 61% 83% 58% 24% 10 49% 30% 34% 65% 32% 8% 9 57% 42% 45% 74% 43% 17% 8 63% 46% 53% 78% 50% 21% 7 65% 49% 56% 79% 53% 22% 6 73% 59% 64% 86% 62% 35% 5 62% 44% 51% 78% 49% 27% 4 75% 62% 69% 85% 66% 56%
These passing rates were somewhat lower than those for 2002, the last year
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