By: Ratliff, et al. (Senate Sponsor - Patrick) H.B. No. 2836
(In the Senate - Received from the House May 1, 2013;
May 9, 2013, read first time and referred to Committee on
Education; May 20, 2013, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 0;
May 20, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 2836 By: Patrick
A BILL TO BE ENTITLED
AN ACT
relating to the administration of certain state assessment
instruments to public school students and to a study of the
essential knowledge and skills of the required public school
curriculum and of certain state assessment instruments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.023, Education Code, is amended by
adding Subsections (a-3), (a-4), and (a-5) to read as follows:
(a-3) Before an assessment instrument adopted or developed
under Subsection (a) may be administered under that subsection, the
assessment instrument must, on the basis of empirical evidence, be
determined to be valid and reliable by an entity that is independent
of the agency and of any other entity that developed the assessment
instrument.
(a-4) An assessment instrument adopted or developed under
Subsection (a) must be designed so that a majority of students will
be able to complete the assessment instrument within 180 minutes.
(a-5) The amount of time allowed for administration of an
assessment instrument adopted or developed under Subsection (a) may
not exceed eight hours, and the administration may occur on only one
day.
SECTION 2. Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.0236 to read as follows:
Sec. 39.0236. STUDY OF ESSENTIAL KNOWLEDGE AND SKILLS AND
ASSESSMENT INSTRUMENTS. (a) An advisory committee shall be
established to conduct a study regarding the essential knowledge
and skills of the required curriculum and assessment instruments
administered under Section 39.023 to students in grades three
through eight. The committee must be composed of:
(1) four members of the senate education committee
appointed by the lieutenant governor and four members of the house
public education committee appointed by the speaker of the house of
representatives;
(2) two members of the public appointed by the
lieutenant governor;
(3) two members of the public appointed by the speaker
of the house of representatives; and
(4) two members of the State Board of Education
appointed by the chair of the board.
(b) The study must evaluate:
(1) the number and scope of the essential knowledge
and skills of each subject area of the required curriculum under
Section 28.002 and whether the number or scope should be limited;
(2) the number and subjects of assessment instruments
under Section 39.023 that should be administered to students in
grades three through eight; and
(3) whether assessment instruments described by
Subdivision (2) should assess only essential knowledge and skills
or should also assess supporting standards.
(c) Not later than October 1, 2014, the committee shall
prepare and submit to the governor, each member of the legislature,
the commissioner, and the State Board of Education a report that
includes the results of the study and recommendations regarding
each issue evaluated under Subsection (b).
(d) This section expires June 1, 2015.
SECTION 3. Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.0263 to read as follows:
Sec. 39.0263. ADMINISTRATION OF DISTRICT-REQUIRED
BENCHMARK ASSESSMENT INSTRUMENTS TO PREPARE STUDENTS FOR
STATE-ADMINISTERED ASSESSMENT INSTRUMENTS. (a) In this section,
"benchmark assessment instrument" means a district-required
assessment instrument designed to prepare students for a
corresponding state-administered assessment instrument.
(b) Except as provided by Subsection (c), a school district
may not administer to any student more than two benchmark
assessment instruments to prepare the student for a corresponding
state-administered assessment instrument.
(c) The prohibition prescribed by this section does not
apply to the administration of a college preparation assessment
instrument, including the PSAT, the ACT-Plan, the SAT, or the ACT,
an advanced placement test, an international baccalaureate
examination, a formative assessment used by a teacher to adjust
ongoing teaching and learning, or an independent classroom
examination designed or adopted and administered by a classroom
teacher.
(d) A parent of or person standing in parental relation to a
student who has special needs, as determined in accordance with
commissioner rule, may request administration to the student of
additional benchmark assessment instruments.
SECTION 4. Section 39.0301, Education Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) In establishing procedures for the administration of
assessment instruments under Subsection (a)(1), the commissioner
shall ensure that the procedures are designed to minimize
disruptions to school operations and the classroom environment. In
implementing the procedures established for the administration of
assessment instruments under Subsection (a)(1), a school district
shall minimize disruptions to school operations and the classroom
environment.
SECTION 5. This Act applies beginning with the 2013-2014
school year.
SECTION 6. 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.
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