82R10701 CAS-D
By: Callegari H.B. No. 2514
A BILL TO BE ENTITLED
AN ACT
relating to state administration of assessment instruments to
public school students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 28.025(c) and (e), Education Code, are
amended to read as follows:
(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 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 a minimum,
recommended, or advanced 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 differentiate
between each of the high school programs [and identify whether a
student received a diploma or a certificate of coursework
completion].
SECTION 2. Section 39.022, Education Code, is amended to
read as follows:
Sec. 39.022. ASSESSMENT PROGRAM. The State Board of
Education [by rule] shall administer [create and implement] a
statewide assessment program that is knowledge- and skills-based to
ensure school accountability for student achievement that achieves
the goals provided under Section 4.002. The board may adopt rules to
the extent necessary for the administration of the assessment
program in accordance with this subchapter. [After adopting rules
under this section, the State Board of Education shall consider the
importance of maintaining stability in the statewide assessment
program when adopting any subsequent modification of the rules.]
SECTION 3. The heading to Section 39.023, Education Code,
is amended to read as follows:
Sec. 39.023. [ADOPTION AND] ADMINISTRATION OF INSTRUMENTS.
SECTION 4. Sections 39.023(a), (h), and (i), Education
Code, are 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, writing, mathematics,
social studies, and science.] All students, except students
[assessed under Subsection (b) or (l) or] exempted in accordance
with commissioner rule [under Section 39.027], shall be assessed,
using an appropriate, nationally recognized, norm-referenced
assessment instrument, 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) 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) college readiness, in grade 11, using a college
admissions examination; and
(7) any other subject and grade required by federal
law.
(h) The agency shall notify students or parents and
guardians, as appropriate, school districts, and campuses of the
results of assessment instruments administered under this section
at the earliest possible date determined by the State Board of
Education but not later than the beginning of the subsequent school
year.
(i) [The provisions of this section, except Subsection (d),
are subject to modification by rules adopted under Section 39.022.]
Each assessment instrument administered under this section
[adopted under those rules and each assessment instrument required
under Subsection (d)] must be reliable and valid and must meet any
applicable federal requirements for measurement of student
progress.
SECTION 5. Section 39.031, Education Code, is amended to
read as follows:
Sec. 39.031. COST. The cost of [preparing,]
administering[, or grading] the assessment instruments under
Section 39.023(a) [and releasing the question and answer keys under
Section 39.023(e)] shall be paid from amounts appropriated to the
agency.
SECTION 6. The following provisions of the Education Code
are repealed:
(1) Section 28.0211;
(2) Section 28.025(d);
(3) Sections 39.023(a-1), (b), (c), (c-1), (c-2),
(c-3), (c-4), (c-5), (c-6), (d), (e), (f), (g), (l), (m), (n), (o),
and (p);
(4) Section 39.0231;
(5) Section 39.0232;
(6) Section 39.0233;
(7) Section 39.0234;
(8) Section 39.024;
(9) Sections 39.0241(a-1), (a-2), and (c);
(10) Section 39.0242;
(11) Section 39.025;
(12) Section 39.026;
(13) Section 39.0261;
(14) Section 39.027;
(15) Section 39.028;
(16) Section 39.030(a);
(17) Section 39.033;
(18) Section 39.034;
(19) Section 39.035;
(20) Section 39.036; and
(21) Section 39.037.
SECTION 7. As of the effective date of this Act, the Texas
Education Agency may not perform research or development concerning
assessment instruments under Subchapter B, Chapter 39, Education
Code, as that subchapter existed before amendment by this Act.
SECTION 8. Not later than October 1, 2012, the Texas
Education Agency shall apply to the United States Department of
Education for any waiver necessary to implement, in compliance with
federal law and regulations, Subchapter B, Chapter 39, Education
Code, as amended by this Act.
SECTION 9. This Act applies beginning with the 2011-2012
school year.
SECTION 10. 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.