83R9961 VOO-F By: Patrick H.B. No. 2553 A BILL TO BE ENTITLED AN ACT relating to the administration of certain state assessment instruments to public school students 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 Subsection (a-3) 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. 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, five, and [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, five, and seven [through eight]; (3) writing, including spelling and grammar, in grades four and seven; (4) social studies, in grades six and [grade] eight; (5) science, in grades four [five] and eight; and (6) any other subject and grade required by federal law. (a-3) If there is a conflict between Subsection (a) and federal law or regulations as a result of forgoing under Subsection (a) certain administration of assessment instruments to certain students, the agency shall seek a waiver from the application of conflicting federal law or regulations. SECTION 2. This Act applies beginning with the 2013-2014 school year. SECTION 3. 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.