By: Ratliff, Farney, King of Hemphill, H.B. No. 2836
Patrick, Huberty, et al.
A BILL TO BE ENTITLED
AN ACT
relating to the administration of certain state-adopted or
state-developed assessment instruments to public school students.
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 Subsections (a-3), (a-4), (a-5),
and (a-6) 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 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;
(4) [(5)] science, in grades five and eight; and
(5) [(6)] any other subject and grade required by
federal law.
(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) The agency shall ensure that an assessment instrument
adopted or developed under Subsection (a) is designed to primarily
assess the essential knowledge and skills identified by the State
Board of Education under Section 28.002 of the subject and for the
grade level for which the assessment instrument is administered.
Only to the extent necessary or helpful for diagnostic or reporting
purposes, the assessment instrument may also assess supporting
knowledge or skills that are introduced or referenced in the
subject and for the grade level for which the assessment instrument
is administered but that are identified as essential knowledge or
skills primarily of a different subject or for a different grade
level.
(a-5) An assessment instrument adopted or developed under
Subsection (a) must be designed so that:
(1) if administered to students in grades three
through five, 85 percent of students will be able to complete the
assessment instrument within 120 minutes; and
(2) if administered to students in grades six through
eight, 85 percent of students will be able to complete the
assessment instrument within 180 minutes.
(a-6) 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 39.0263 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, 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 3. Section 39.053, Education Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) The indicator of student achievement under Subsection
(c)(1) may not include student performance as to supporting
knowledge or skills as described by Section 39.023(a-4).
SECTION 4. This Act applies beginning with the 2013-2014
school year.
SECTION 5. 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.