83R561 EAH-D
By: Guillen H.B. No. 65
A BILL TO BE ENTITLED
AN ACT
relating to the administration to public school students in certain
grades of state-administered assessment instruments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.4551(b), Education Code, is amended
to read as follows:
(b) A reading academy developed under this section must
include training in:
(1) [for a teacher providing instruction in reading to
students at the seventh or eighth grade level:
[(A) administration of the reading instrument
required by Section 28.006(c-1); and
[(B) interpretation of the results of the reading
instrument required by Section 28.006(c-1) and strategies, based on
scientific research regarding effective reading instruction, for
long-term intensive intervention to target identified student
needs in word recognition, vocabulary, fluency, and comprehension;
[(2)] for a teacher providing instruction in reading
to students at the sixth, seventh, or eighth grade level:
(A) strategies to be implemented in English
language arts and other subject areas for multisyllable word
reading, vocabulary development, and comprehension of expository
and narrative text;
(B) an adaptation framework that enables
teachers to respond to differing student strengths and needs,
including adaptations for students of limited English proficiency
or students receiving special education services under Subchapter
A, Chapter 29;
(C) collaborative strategies to increase active
student involvement and motivation to read; and
(D) other areas identified by the commissioner as
essential components of reading instruction; and
(2) [(3)] for a teacher providing instruction in
mathematics, science, or social studies to students at the sixth,
seventh, or eighth grade level:
(A) strategies for incorporating reading
instruction into the curriculum for the subject area taught by the
teacher; and
(B) other areas identified by the commissioner.
SECTION 2. Sections 28.0211(a) and (f), Education Code, are
amended to read as follows:
(a) Except as provided by Subsection (b) or (e), a student
may not be promoted to[:
[(1)] the sixth grade program to which the student
would otherwise be assigned if the student does not perform
satisfactorily on the fifth grade mathematics and reading
assessment instruments under Section 39.023[; or
[(2) the ninth grade program to which the student
would otherwise be assigned if the student does not perform
satisfactorily on the eighth grade mathematics and reading
assessment instruments under Section 39.023].
(f) A school district shall provide to a student who, after
three attempts, has failed to perform satisfactorily on an
assessment instrument specified under Subsection (a) accelerated
instruction during the next school year as prescribed by an
educational plan developed for the student by the student's grade
placement committee established under Subsection (c). The district
shall provide that accelerated instruction regardless of whether
the student has been promoted or retained. The educational plan
must be designed to enable the student to perform at the appropriate
grade level by the conclusion of the school year. During the school
year, the student shall be monitored to ensure that the student is
progressing in accordance with the plan. The district shall
administer to the student the assessment instrument for the grade
level in which the student is placed or the assessment instrument
required under Section 39.023(a-4), as applicable, at the time the
district regularly administers the assessment instruments for that
school year.
SECTION 3. Section 39.023, Education Code, is amended by
amending Subsections (a) and (a-1) and adding Subsections (a-3),
(a-4), (a-5), (a-6), (a-7), and (a-8) 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 grade eight;
(5) science, in grades five and eight; and
(6) any other subject and grade required by federal
law.
(a-1) The agency shall develop assessment instruments
required under Subsections (a), (a-3), (a-4), and (a-5) [Subsection
(a)] in a manner that allows, to the extent practicable:
(1) the score a student receives to provide reliable
information relating to a student's satisfactory performance for
each performance standard under Section 39.0241; and
(2) an appropriate range of performances to serve as a
valid indication of growth in student achievement.
(a-3) A student shall be assessed in grade four in a subject
for which an assessment instrument is administered under Subsection
(a) in grade three if, on the final assessment instrument in that
subject administered under Subsection (a) to the student in grade
three during the preceding school year, the student did not achieve
a scale score equal to or greater than the scale score that
indicates satisfactory performance on that assessment instrument,
as determined by the commissioner under Section 39.0241(a).
(a-4) A student promoted for performing at grade level on an
alternate assessment instrument under Section 28.0211(b) or by a
grade placement committee under Section 28.0211(e) shall be
assessed in grade six in a subject for which an assessment
instrument is administered under Subsection (a)(1) or (2) in grade
five if, on the final assessment instrument in that subject
administered under Subsection (a) to the student in grade five
during the preceding school year, the student did not achieve a
scale score equal to or greater than the scale score that indicates
satisfactory performance on that assessment instrument, as
determined by the commissioner under Section 39.0241(a).
(a-5) A student shall be assessed in grade eight in a
subject for which an assessment instrument is administered under
Subsection (a)(1) or (2) in grade seven if, on the final assessment
instrument in that subject administered under Subsection (a) to the
student in grade seven during the preceding school year, the
student did not achieve a scale score equal to or greater than the
scale score that indicates satisfactory performance on that
assessment instrument, as determined by the commissioner under
Section 39.0241(a).
(a-6) A student assessed in mathematics under Subsection
(a-3), (a-4), or (a-5) shall be assessed without the aid of
technology.
(a-7) The results of an assessment instrument administered
under Subsection (a-3), (a-4), or (a-5) may not be included as a
student achievement indicator under Section 39.053 or any other
provision.
(a-8) If there is a conflict between this section and
federal law as a result of forgoing under this section certain
administration of assessment instruments to students who have
recently performed successfully on assessment instruments
assessing the same subject, the commissioner shall seek a waiver
from the application of conflicting federal law.
SECTION 4. Section 39.054(b-1), Education Code, is amended
to read as follows:
(b-1) Consideration of the effectiveness of district
programs under Section 39.052(b)(2)(B) or (C):
(1) must:
(A) be based on data collected through the Public
Education Information Management System (PEIMS) for purposes of
accountability under this chapter; and
(B) include the results of assessments required
under Sections 39.023(a), (b), (c), and (l) [Section 39.023]; and
(2) may be based on the results of a special
accreditation investigation conducted under Section 39.057.
SECTION 5. Sections 28.006(c-1) and (g-1), Education Code,
are repealed.
SECTION 6. This Act applies beginning with the 2013-2014
school year.
SECTION 7. 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.