H.B. No. 2836
AN ACT
relating to the essential knowledge and skills of the required
public school curriculum and to certain state-adopted or
state-developed assessment instruments for public school students.
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), (a-5), (a-6), (b-1), and (b-2) 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) 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.
(b-1) The agency, in conjunction with appropriate
interested persons, shall redevelop assessment instruments adopted
or developed under Subsection (b) for administration to
significantly cognitively disabled students in a manner consistent
with federal law. An assessment instrument under this subsection
may not require a teacher to prepare tasks or materials for a
student who will be administered such an assessment instrument.
(b-2) Assessment instruments redeveloped under Subsection
(b-1) shall be administered beginning not later than the 2015-2016
school year. This subsection expires September 1, 2016.
SECTION 2. Subchapter B, Chapter 39, Education Code, is
amended by adding Sections 39.0236 and 39.0237 to read as follows:
Sec. 39.0236. STUDY OF ESSENTIAL KNOWLEDGE AND SKILLS AND
ASSESSMENT INSTRUMENTS. (a) The agency shall conduct a study
regarding the essential knowledge and skills of the required
curriculum identified by the State Board of Education under Section
28.002 and assessment instruments administered under Section
39.023.
(b) The study must evaluate:
(1) the number and scope of the essential knowledge
and skills of each subject of the required curriculum under Section
28.002, with each essential knowledge or skill identified as a
readiness or supporting standard, and whether the number or scope
should be limited;
(2) the number and subjects of assessment instruments
under Section 39.023 that are required to be administered to
students in grades three through eight; and
(3) how assessment instruments described by
Subdivision (2) assess standards essential for student success and
whether the assessment instruments should also assess supporting
standards, including analysis of:
(A) the portion of the essential knowledge and
skills capable of being accurately assessed;
(B) the appropriate skills that can be assessed
within the testing parameters under current law; and
(C) how current standards compare to those
parameters.
(c) Not later than March 1, 2014, the agency shall prepare
and submit to the State Board of Education a report concerning the
results of the study under Subsection (b). Not later than May 1,
2014, the State Board of Education shall review the study and shall
submit to the governor, each member of the legislature, and the
advisory committee established under Section 39.0237 the agency's
report and board recommendations regarding each issue evaluated
under Subsection (b).
(d) This section expires June 1, 2015.
Sec. 39.0237. ADVISORY COMMITTEE TO STUDY ESSENTIAL
KNOWLEDGE AND SKILLS AND ASSESSMENT INSTRUMENTS. (a) An advisory
committee shall be established to review the agency study and State
Board of Education recommendations under Section 39.0236. 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; and
(3) two members of the public appointed by the speaker
of the house of representatives.
(b) The advisory committee shall review the agency study and
State Board of Education recommendations under Section 39.0236. If
the advisory committee determines that the agency study is
insufficient, the advisory committee may perform an additional
independent study to evaluate the agency study components required
under Section 39.0236(b).
(c) Not later than January 1, 2015, 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, as applicable, the results of the committee's review of
the agency study or the results of the committee's independent
study and recommendations regarding each issue evaluated under
Section 39.0236(b).
(d) Based on the study under Section 39.0236(b) and the
advisory committee report under Subsection (c), the State Board of
Education shall adopt policies and procedures to limit the number
and scope of the essential knowledge and skills of each subject and
grade level to correspond with the readiness standards capable of
being accurately assessed by applicable assessment instruments.
(e) 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, 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. Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.038 to read as follows:
Sec. 39.038. AUDITING AND MONITORING PERFORMANCE UNDER
CONTRACTS FOR ASSESSMENT INSTRUMENTS. (a) The agency by rule shall
develop a comprehensive methodology for auditing and monitoring
performance under contracts for services to develop or administer
assessment instruments required by Section 39.023 to verify
compliance with contractual obligations.
(b) The agency shall ensure that all new and renewed
contracts described by Subsection (a) include a provision that the
agency or a designee of the agency may conduct periodic contract
compliance reviews, without advance notice, to monitor vendor
performance.
(c) The agency shall adopt rules to administer this section.
SECTION 6. 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 7. Section 39.055, Education Code, is amended to
read as follows:
Sec. 39.055. STUDENT ORDERED BY A JUVENILE COURT OR STUDENT
IN RESIDENTIAL FACILITY NOT CONSIDERED FOR ACCOUNTABILITY
PURPOSES. Notwithstanding any other provision of this code except
to the extent otherwise provided under Section 39.054(f), for
purposes of determining the performance of a school district, [or]
campus, or open-enrollment charter school under this chapter, a
student ordered by a juvenile court into a residential program or
facility operated by or under contract with the Texas Juvenile
Justice Department [Youth Commission, the Texas Juvenile Probation
Commission], a juvenile board, or any other governmental entity or
any student who is receiving treatment in a residential facility is
not considered to be a student of the school district in which the
program or facility is physically located or of an open-enrollment
charter school, as applicable. The performance of such a student on
an assessment instrument or other student achievement indicator
adopted under Section 39.053 or reporting indicator adopted under
Section 39.301 shall be determined, reported, and considered
separately from the performance of students attending a school of
the district in which the program or facility is physically located
or an open-enrollment charter school, as applicable.
SECTION 8. This Act applies beginning with the 2013-2014
school year.
SECTION 9. The Texas Education Agency is required to
implement Sections 39.023(b-1) and (b-2), Education Code, as added
by this Act, only if the legislature appropriates money
specifically for that purpose.
If the legislature does not
appropriate money specifically for that purpose, the agency may,
but is not required to, implement Sections 39.023(b-1) and (b-2),
Education Code, using other appropriations available for that
purpose.
SECTION 10. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2836 was passed by the House on April
30, 2013, by the following vote: Yeas 142, Nays 0, 2 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 2836 on May 24, 2013, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 2836 on May 26, 2013, by the following vote: Yeas 142,
Nays 0, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2836 was passed by the Senate, with
amendments, on May 21, 2013, by the following vote: Yeas 30, Nays
1; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
2836 on May 26, 2013, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor