83R9017 CAS-F
By: Patrick H.B. No. 2552
A BILL TO BE ENTITLED
AN ACT
relating to administration of certain state assessment instruments
only to a scientifically valid statistical sample of students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.023, Education Code, is amended by
amending Subsections (a), (b), (c-1), (l), and (n) 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, writing, mathematics,
social studies, and science. Notwithstanding any other provision
of this chapter, the assessment instruments shall be administered
to the smallest percentage of students whose performance on the
assessment instruments represents a scientifically valid
statistical sample of the performance of the state's students in
the applicable grades and of the appropriate racial, ethnic, and
socioeconomic subpopulations of those students. As necessary to
comply with federal law, the agency may use the statistical
sampling method used for the administration of the National
Assessment of Educational Progress (NAEP) assessments for purposes
of the No Child Left Behind Act of 2001 (20 U.S.C. Section 6301 et
seq.). In accordance with this subsection, [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) 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.
(b) The agency shall develop or adopt appropriate
criterion-referenced alternative assessment instruments to be
administered in accordance with this subsection to students [each
student] in [a] special education programs [program] under
Subchapter A, Chapter 29, for whom an assessment instrument adopted
under Subsection (a), even with allowable accommodations, would not
provide an appropriate measure of student achievement, as
determined by a [the] student's admission, review, and dismissal
committee. Notwithstanding any other provision of this chapter, the
assessment instruments shall be administered to the smallest
percentage of students in special education programs under
Subchapter A, Chapter 29, in each grade level specified by
Subsection (a) whose performance on the assessment instruments
represents a scientifically valid statistical sample of student
performance for each purpose for which the agency is required or
otherwise intends to use the results. As necessary to comply with
federal law, the agency may use the statistical sampling method
used for the administration of the National Assessment of
Educational Progress (NAEP) assessments for purposes of the No
Child Left Behind Act of 2001 (20 U.S.C. Section 6301 et seq.).
(c-1) The agency shall develop any assessment instrument
required under this section in a manner that, to the greatest extent
practicable, allows for the measurement of annual improvement in
student achievement as required by Sections 39.034(c) and (d).
(l) The State Board of Education shall adopt rules for the
administration, in accordance with this subsection, of the
assessment instruments adopted under Subsection (a) in Spanish to
students in grades three through five who are of limited English
proficiency, as defined by Section 29.052, whose primary language
is Spanish, and who are not otherwise exempt from the
administration of an assessment instrument under Section
39.027(a)(1) or (2). A [Each] student of limited English
proficiency whose primary language is Spanish, other than a student
to whom Subsection (b) applies, may be assessed using assessment
instruments in Spanish under this subsection for up to three years
or assessment instruments in English under Subsection (a). The
language proficiency assessment committee established under
Section 29.063 shall determine which students to whom an assessment
instrument is administered shall be [are] administered assessment
instruments in Spanish under this subsection. Notwithstanding any
other provision of this chapter, the assessment instruments shall
be administered to the smallest percentage of students to whom this
subsection applies in grades three through five whose performance
on the assessment instruments represents a scientifically valid
statistical sample of student performance for each purpose for
which the agency is required or otherwise intends to use the
results. As necessary to comply with federal law, the agency may
use the statistical sampling method used for the administration of
the National Assessment of Educational Progress (NAEP) assessments
for purposes of the No Child Left Behind Act of 2001 (20 U.S.C.
Section 6301 et seq.).
(n) This subsection applies only to a student who is
determined to have dyslexia or a related disorder and who is an
individual with a disability under 29 U.S.C. Section 705(20) and
its subsequent amendments. The agency shall adopt or develop
appropriate criterion-referenced assessment instruments designed
to assess the ability of and to be administered in accordance with
this subsection to students [each student] to whom this subsection
applies for whom the assessment instruments adopted under
Subsection (a), even with allowable modifications, would not
provide an appropriate measure of student achievement, as
determined by the committee established by the board of trustees of
the district to determine the placement of students with dyslexia
or related disorders. The committee shall determine whether any
allowable modification is necessary in administering to a student
an assessment instrument [required] under this subsection.
Notwithstanding any other provision of this chapter, the assessment
instruments shall be administered to the smallest percentage of
students to whom this subsection applies in each grade level
specified by Subsection (a) whose performance on the assessment
instruments represents a scientifically valid statistical sample
of student performance for each purpose for which the agency is
required or otherwise intends to use the results. As necessary to
comply with federal law, the agency may use the statistical
sampling method used for the administration of the National
Assessment of Educational Progress (NAEP) assessments for purposes
of the No Child Left Behind Act of 2001 (20 U.S.C. Section 6301 et
seq.). The assessment instruments [required] under this subsection
shall be administered on the same schedule as the assessment
instruments administered under Subsection (a).
(q) If there is a conflict between the administration of
assessment instruments in accordance with Subsection (a), (b), (l),
or (n) and a federal law or regulation as a result of the method of
administration of assessment instruments under that subsection,
the commissioner shall seek a waiver from the application of the
conflicting federal law or regulation. In seeking a waiver, the
commissioner shall submit all relevant data.
SECTION 2. Section 28.0211, Education Code, is amended by
adding Subsection (q) to read as follows:
(q) The commissioner shall modify the administration of
this section as necessary to conform to the administration of
assessment instruments specified under Subsection (a) only to a
scientifically valid statistical sample of students as provided
under Section 39.023.
SECTION 3. This Act applies beginning with the 2013-2014
school year.
SECTION 4. 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, 2013.