By: Hochberg H.B. No. 233
A BILL TO BE ENTITLED
AN ACT
relating to requirements for students to be assessed in certain
subjects and in certain grades.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.023, Education Code, is amended by
amending Subsection (a) and adding Subsections (a-2) through (a-7)
to read as follows:
(a) The agency shall adopt or develop appropriate
criterion-referenced assessment instruments designed to assess
essential knowledge and skills in reading, writing, mathematics,
social studies, and science. All students, except students assessed
under Subsection (b) or (1) or exempted under Section 39.027, shall
be assessed in:
(1) mathematics, [annually] in grades three [through
seven] 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, [annually] in grades three, [through]
five and eight;
(3) writing, including spelling and grammar, in grades
[four] five and seven eight;
(4) social studies, in grade eight; and
(5) science, in grades five and eight; and
[(6) any other subject and grade required by federal
law].
(a-2) Any student who scores below a score of the passing
standard plus one hundred scale score points on the last
mathematics assessment taken by that student in grade three, and
who is promoted to grade four, shall be assessed in mathematics in
grade four. Any student who scores below a score of the passing
standard plus one hundred scale score points on the last reading
assessment taken by that student in grade three, and who is promoted
to grade four, shall be assessed in reading in grade four.
(a-3) Any student who scores below a score of the passing
standard plus one hundred scale score points on the last assessment
taken by that student in a subject or subjects in grade five, and
who is promoted to grade six, shall be assessed in that subject or
subjects in grade six.
(a-4) Any student who scores below a score of the passing
standard plus one hundred scale score points on the last assessment
taken by that student in a subject or subjects in grade six, and who
is promoted to grade seven, shall be assessed in that subject or
subjects in grade seven.
(a-5) Students assessed in mathematics under subsections
(a-2), (a-3) or (a-4) shall be assessed without the aid of
technology.
(a-6) A school district or open-enrollment charter school
may, at the discretion of the school district or open-enrollment
charter school and for its own use, administer the assessment
instruments developed to assess students under subsections (a-2),
(a-3) or (a-4) to additional students other than those required to
be assessed by those subsections. On request of the school district
or open-enrollment charter school, the agency shall provide
assessment instruments for such students, and any services normally
provided by the agency related to administering and scoring the
assessment for required students, in the same manner and at the same
cost as for required students. The results of such discretionary
testing shall not be included as an indicator of student
achievement under Section 39.053(c) or any other section.
(a-7) To the extent that exempting successful students from
assessment in a subsequent grade or grades under the previous
subsections is determined to be contrary to federal law, the
commissioner shall seek waivers from such federal law. In seeking
any such waivers, the commissioner shall use all relevant data,
including, but not limited to, data relating to the likelihood that
students who score above the passing standard plus one hundred
scale score points will score above the passing standard in
subsequent years, the costs of assessing such students, and the
benefits of increased emphasis on bringing lower-scoring students
up to standard within one year.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.