84R9577 GCB-F
By: VanDeaver H.B. No. 1673
A BILL TO BE ENTITLED
AN ACT
relating to eliminating certain state-required assessment
instruments and certain end-of-course assessment instruments not
required by federal law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.023(a), Education Code, as effective
until on or before September 1, 2015, is amended 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;
and
(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].
SECTION 2. Section 39.023(a), Education Code, as effective
on or before September 1, 2015, is amended 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, in grades three and five without the
aid of technology and in grade eight with the aid of technology on
any assessment instrument that includes algebra;
(2) reading, in grades three, five, and eight; and
(3) [writing, including spelling and grammar, in
grades four and seven;
[(4) social studies, in grade eight; and
[(5)] science, in grades five and eight.
SECTION 3. Section 39.023(a), Education Code, as effective
September 1, 2017, is amended 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;
and
(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].
SECTION 4. Section 39.023(c), Education Code, is amended to
read as follows:
(c) The agency shall also adopt end-of-course assessment
instruments for secondary-level courses in mathematics, reading,
and science only as necessary to comply with the No Child Left
Behind Act of 2001 (20 U.S.C. Section 6301 et seq.) to be
administered only as necessary to meet the minimum requirements of
that Act [Algebra I, biology, English I, English II, and United
States history. The Algebra I end-of-course assessment instrument
must be administered with the aid of technology. The English I and
English II end-of-course assessment instruments must each assess
essential knowledge and skills in both reading and writing in the
same assessment instrument and must provide a single score]. A
school district shall comply with State Board of Education rules
regarding administration of the assessment instruments adopted
under [listed in] this subsection. If a student is in a special
education program under Subchapter A, Chapter 29, the student's
admission, review, and dismissal committee shall determine whether
any allowable modification is necessary in administering to the
student an assessment instrument required under this subsection.
The State Board of Education shall administer the assessment
instruments. [The State Board of Education shall adopt a schedule
for the administration of end-of-course assessment instruments
that complies with the requirements of Subsection (c-3).]
SECTION 5. Section 39.023(c-3), Education Code, as
effective until on or before September 1, 2015, is amended to read
as follows:
(c-3) The State Board of Education, with input from school
districts, shall adopt [In adopting] a schedule for the
administration of assessment instruments under this section that
minimizes the disruption of classroom instruction [, the State
Board of Education shall require:
[(1) assessment instruments administered under
Subsection (a) to be administered on a schedule so that the first
assessment instrument is administered at least two weeks later than
the date on which the first assessment instrument was administered
under Subsection (a) during the 2006-2007 school year; and
[(2) the spring administration of end-of-course
assessment instruments under Subsection (c) to occur in each school
district not earlier than the first full week in May, except that
the spring administration of the end-of-course assessment
instruments in English I and English II must be permitted to occur
at an earlier date].
SECTION 6. Section 39.023(c-3), Education Code, as
effective on or before September 1, 2015, is amended to read as
follows:
(c-3) The State Board of Education, with input from school
districts, shall adopt [In adopting] a schedule for the
administration of assessment instruments under this section that
minimizes the disruption of classroom instruction [, the State
Board of Education shall require:
[(1) assessment instruments administered under
Subsections (a), (a-4), (a-5), and (a-6) to be administered on a
schedule so that the first assessment instrument is administered at
least two weeks later than the date on which the first assessment
instrument was administered under Subsection (a) during the
2006-2007 school year; and
[(2) the spring administration of end-of-course
assessment instruments under Subsection (c) to occur in each school
district not earlier than the first full week in May, except that
the spring administration of the end-of-course assessment
instruments in English I and English II must be permitted to occur
at an earlier date].
SECTION 7. Section 39.023(c-3), Education Code, as
effective September 1, 2017, is amended to read as follows:
(c-3) The State Board of Education, with input from school
districts, shall adopt [In adopting] a schedule for the
administration of assessment instruments under this section that
minimizes the disruption of classroom instruction [, the State
Board of Education shall require:
[(1) assessment instruments administered under
Subsection (a) to be administered on a schedule so that the first
assessment instrument is administered at least two weeks later than
the date on which the first assessment instrument was administered
under Subsection (a) during the 2006-2007 school year; and
[(2) the spring administration of end-of-course
assessment instruments under Subsection (c) to occur in each school
district not earlier than the first full week in May, except that
the spring administration of the end-of-course assessment
instruments in English I and English II must be permitted to occur
at an earlier date].
SECTION 8. Section 39.023, Education Code, is amended by
adding Subsection (r) to read as follows:
(r) Notwithstanding any provision of this section or other
law, if changes made to the No Child Left Behind Act of 2001 (20
U.S.C. Section 6301 et seq.) reduce the number or frequency of
assessment instruments required to be administered to students, the
State Board of Education shall adopt rules reducing the number or
frequency of assessment instruments administered to students under
state law, and the commissioner shall ensure that students are not
assessed in subject areas or in grades that are no longer required
to meet the minimum requirements of that Act.
SECTION 9. Section 39.203(c), Education Code, is amended to
read as follows:
(c) In addition to the distinction designations described
by Subsections (a) and (b), a campus that satisfies the criteria
developed under Section 39.204 shall be awarded a distinction
designation by the commissioner for outstanding performance in
academic achievement in [English language arts,] mathematics,
reading, or science[, or social studies].
SECTION 10. This Act applies beginning with the 2015-2016
school year.
SECTION 11. 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, 2015.