By: Ratliff H.B. No. 2836 A BILL TO BE ENTITLED AN ACT relating to state assessment instruments administered in grades three through eight in public schools. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 39.023(a), Education Code, is amended to read as follows: (a) The agency shall adopt or develop appropriate criterion-referenced assessment instruments, that are established empirically to be valid and reliable by an entity that is independent of the test developer and the agency, and 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 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; (3) [(5)] science, in grades five and eight; and (4) [(6)] any other subject and grade required by federal law. (a-1) Criterion-referenced assessment instruments shall be designed to measure only readiness standards as identified by the agency for the purposes of determining passing rates for use in the school accountability ratings. The agency may also include supporting standards in the assessment for diagnostic and reporting purposes only and may not use the results of items related to supporting standards for accountability rating purposes. (1) In (a-1) "readiness standards" shall mean only those standards that are essential for success in the current grade or course (2) In (a-2) "supporting standards" shall mean standards that are referenced or introduced in the current grade or course and are readiness standards in another grade or course SECTION 2. Section 39.023(r), Education Code, is added to read as follows: (r) Assessment instruments shall be designed and administered as follows: (1) For grades 3 through 5 the assessment shall be designed such that 85% of students complete the assessment within 120 minutes. (2) For grades 6 through 8 the assessment shall be designed such that 85% of students complete the assessment within 180 minutes (3) The maximum time allowed for the test shall be 8 hours and it shall be administered in one calendar day. 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.