Texas 2015 - 84th Regular

Texas House Bill HB2811 Compare Versions

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1		-	84R23879 CAE-D
2		-	By: King of Hemphill H.B. No. 2811
3		-	Substitute the following for H.B. No. 2811:
4		-	By: Aycock C.S.H.B. No. 2811
	1	+	By: King of Hemphill (Senate Sponsor - Seliger) H.B. No. 2811
	2	+	(In the Senate - Received from the House May 12, 2015;
	3	+	May 13, 2015, read first time and referred to Committee on
	4	+	Education; May 22, 2015, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 10, Nays 0;
	6	+	May 22, 2015, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 2811 By: Seliger
5	9
6	10
7	11		A BILL TO BE ENTITLED
8	12		AN ACT
9		-	relating to a revision of the essential knowledge and skills of the
10		-	public school foundation curriculum, the instructional materials
11		-	allotment, and proclamations for the production of instructional
12		-	materials.
	13	+	relating to the essential knowledge and skills of the required
	14	+	public school curriculum, the administration of and reports
	15	+	relating to assessment instruments administered to public school
	16	+	students, the instructional materials allotment, and proclamations
	17	+	for the production of instructional materials.
13	18		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	19		SECTION 1. Subchapter A, Chapter 28, Education Code, is
15	20		amended by adding Section 28.0025 to read as follows:
16		-	Sec. 28.0025. REVIEW AND ~~REVISION~~ OF ESSENTIAL ~~KNOWLEDGE~~
17		-	AND SKILLS. (a) The State Board of Education shall:
	21	+	Sec. 28.0025. REVIEW AND MODIFICATION OF ESSENTIAL
	22	+	KNOWLEDGE AND SKILLS. (a) The State Board of Education shall:
18	23		(1) conduct a review of the essential knowledge and
19		-	skills for the foundation curriculum adopted under Section
20		-	28.002(a)(1); and
21		-	(2) revise the essential knowledge and skills for that
22		-	curriculum to narrow the number and scope of student expectations
23		-	for each subject and grade level in accordance with this section.
24		-	(b) The scope of the essential knowledge and skills for each
25		-	subject and grade level of the foundation curriculum must:
26		-	(1) be more narrow than the scope of the essential
27		-	knowledge and skills adopted as of January 1, 2015; and
28		-	(2) require less time for a demonstration of mastery
29		-	than required for the essential knowledge and skills adopted as of
30		-	January 1, 2015.
31		-	(c) In complying with this section, the State Board of
32		-	Education shall:
33		-	(1) ensure that a revision of the essential knowledge
34		-	and skills for the foundation curriculum does not result in a need
35		-	for the adoption of new instructional materials;
36		-	(2) consider for each subject and grade level, the
37		-	time:
	24	+	skills of each foundation curriculum subject under Section
	25	+	28.002(a)(1) that were most recently revised by the board with an
	26	+	effective date before September 1, 2012; and
	27	+	(2) modify the essential knowledge and skills of each
	28	+	foundation curriculum subject reviewed under Subdivision (1) to
	29	+	narrow the content and scope of standards and skills for the subject
	30	+	at each grade level in accordance with this section.
	31	+	(b) In complying with this section, the State Board of
	32	+	Education shall consider:
	33	+	(1) at each grade level for each subject reviewed
	34	+	under this section, the time:
38	35		(A) a teacher would require to provide
39		-	comprehensive instruction on a particular ~~student expectation~~; and
	36	+	comprehensive instruction on a particular standard or skill; and
40	37		(B) a typical student would require to master a
41		-	particular student expectation;
42		-	(3) determine whether, in light of the consideration
43		-	required by Subdivision (2), each essential knowledge and skill of
44		-	a subject can be comprehensively taught within the number of school
45		-	days required under Section 25.081, not including the number of
46		-	days required for testing;
47		-	(4) determine whether the college and career readiness
48		-	standards have been appropriately integrated in the essential
49		-	knowledge and skills for each subject and grade level; and
50		-	(5) consider whether an assessment instrument
51		-	administered under Section 39.023 adequately assesses a particular
52		-	student expectation.
53		-	(d) Not later than September 1, 2018, the State Board of
54		-	Education shall complete the review and revision of the essential
55		-	knowledge and skills for each subject and grade level of the
56		-	foundation curriculum that was last revised before September 1,
57		-	2012.
58		-	(e) This section expires September 1, 2019.
59		-	SECTION 2. Section 31.002, Education Code, is amended by
	38	+	particular standard or skill;
	39	+	(2) whether, in light of the consideration required by
	40	+	Subdivision (1), each essential knowledge and skill of a subject
	41	+	reviewed under this section can be comprehensively taught within
	42	+	the number of school days required under Section 25.081, not
	43	+	including the number of days required for testing;
	44	+	(3) the college and career readiness standards, and
	45	+	whether inclusion of part of those standards in the essential
	46	+	knowledge and skills of a subject reviewed under this section is
	47	+	possible; and
	48	+	(4) whether an assessment instrument administered
	49	+	under Section 39.023 adequately assesses a particular standard or
	50	+	skill.
	51	+	(c) In establishing or following an established timeline
	52	+	for reviewing and modifying the essential knowledge and skills as
	53	+	required under this section, the State Board of Education shall
	54	+	ensure that the timeline reflects a priority to first review and
	55	+	modify a subject for which an end-of-course assessment instrument
	56	+	under Section 39.023(c) is administered before a subject for which
	57	+	an assessment instrument under Section 39.023(a) is administered.
	58	+	The board shall complete the review and modification of the
	59	+	essential knowledge and skills at each grade level for each
	60	+	applicable subject as required under this section not later than
	61	+	September 1, 2018.
	62	+	(d) Until the review and modification under this section is
	63	+	complete, the State Board of Education may not add to or modify the
	64	+	content and scope of standards and skills for any subject in the
	65	+	foundation curriculum under Section 28.002(a)(1) reviewed under
	66	+	this section unless modifications are made in accordance with this
	67	+	section.
	68	+	(e) This section expires September 1, 2018.
	69	+	SECTION 2. Section 28.008(d), Education Code, is amended to
	70	+	read as follows:
	71	+	(d) The State Board of Education shall incorporate college
	72	+	readiness standards and expectations approved by the commissioner
	73	+	of education and the Texas Higher Education Coordinating Board
	74	+	under Subsection (b) into the essential knowledge and skills
	75	+	identified by the board under Section 28.002(c). The State Board of
	76	+	Education shall develop a chart that clearly indicates the
	77	+	alignment of the college readiness standards and expectations with
	78	+	the essential knowledge and skills identified by the board under
	79	+	Section 28.002(c).
	80	+	SECTION 3. Subchapter A, Chapter 28, Education Code, is
	81	+	amended by adding Section 28.0081 to read as follows:
	82	+	Sec. 28.0081. ADMINISTRATION OF ASSESSMENT INSTRUMENT FOR
	83	+	DIAGNOSTIC PURPOSES. (a) Not later than April 1 of each school
	84	+	year, a school district, using funds appropriated to the agency and
	85	+	distributed by the commissioner to the district for that purpose,
	86	+	shall administer an assessment instrument designated by the Texas
	87	+	Higher Education Coordinating Board under Section 51.3062(c) to
	88	+	each student in the district enrolled in the 10th grade. A
	89	+	student's performance on the assessment instrument may only be used
	90	+	for diagnostic purposes, including a determination as to whether a
	91	+	student should be enrolled in developmental education courses. If
	92	+	a student is in a special education program under Subchapter A,
	93	+	Chapter 29, the student's admission, review, and dismissal
	94	+	committee shall determine if it is appropriate for the student to be
	95	+	administered the assessment instrument required under this
	96	+	section.
	97	+	(b) This section applies only until the State Board of
	98	+	Education has completed the review and modification of essential
	99	+	knowledge and skills of the foundation curriculum subjects required
	100	+	by Section 28.0025. This section expires September 1, 2018.
	101	+	SECTION 4. Section 31.002, Education Code, is amended by
60	102		adding Subdivision (1-b) to read as follows:
61	103		(1-b) "Proclamation" means a request for production of
62	104		instructional materials issued by the State Board of Education.
63		-	SECTION 3. Sections 31.0211(a) and (d), Education Code, are
	105	+	SECTION 5. Sections 31.0211(a) and (d), Education Code, are
64	106		amended to read as follows:
65	107		(a) A school district is entitled to an [annual] allotment
66	108		each biennium from the state instructional materials fund for each
67	109		student enrolled in the district on a date during the last year of
68	110		the preceding biennium [school year] specified by the
69	111		commissioner. The commissioner shall determine the amount of the
70	112		allotment per student each biennium [year] on the basis of the
71	113		amount of money available in the state instructional materials fund
72	114		to fund the allotment. An allotment under this section shall be
73	115		transferred from the state instructional materials fund to the
74	116		credit of the district's instructional materials account as
75	117		provided by Section 31.0212.
76	118		(d) Each biennium [year] a school district shall use the
77	119		district's allotment under this section to purchase, in the
78	120		following order:
79	121		(1) instructional materials necessary to permit the
80	122		district to certify that the district has instructional materials
81	123		that cover all elements of the essential knowledge and skills of the
82	124		required curriculum, other than physical education, for each grade
83	125		level as required by Section 28.002; and
84	126		(2) any other instructional materials or
85	127		technological equipment as determined by the district.
86		-	SECTION 4. Section 31.0212(a), Education Code, is amended
	128	+	SECTION 6. Section 31.0212(a), Education Code, is amended
87	129		to read as follows:
88	130		(a) The commissioner shall maintain an instructional
89	131		materials account for each school district. In the first year of
90	132		each biennium [Each school year], the commissioner shall deposit in
91	133		the account for each district the amount of the district's
92	134		instructional materials allotment under Section 31.0211.
93		-	SECTION 5. Sections 31.0215(a) and (b), Education Code, are
	135	+	SECTION 7. Sections 31.0215(a) and (b), Education Code, are
94	136		amended to read as follows:
95	137		(a) The commissioner shall, as early as practicable during
96	138		each biennium [fiscal year], notify each school district and
97	139		open-enrollment charter school of the estimated amount to which the
98	140		district or charter school will be entitled under Section 31.0211
99	141		during the next fiscal biennium [year].
100	142		(b) The commissioner may allow a school district or
101	143		open-enrollment charter school to place an order for instructional
102	144		materials before the beginning of a fiscal biennium [year] and to
103	145		receive instructional materials before payment. The commissioner
104	146		shall limit the cost of an order placed under this section to 80
105	147		percent of the estimated amount to which a school district or
106	148		open-enrollment charter school is estimated to be entitled as
107	149		provided by Subsection (a) and shall first credit any balance in a
108	150		district or charter school instructional materials account to pay
109	151		for an order placed under this section.
110		-	SECTION 6. Section 31.022, Education Code, is amended by
	152	+	SECTION 8. Section 31.022, Education Code, is amended by
111	153		adding Subsections (b-1), (b-2), and (b-3) and amending Subsection
112	154		(f) to read as follows:
113	155		(b-1) For any state fiscal biennium, the board may only
114	156		issue proclamations for instructional materials in which the total
115	157		projected cost of instructional materials under the proclamations
116	158		does not exceed 75 percent of the total amount used to fund the
117	159		instructional materials allotment under Section 31.0211 for that
118	160		biennium.
119	161		(b-2) Following the adoption of revised essential knowledge
120	162		and skills for any subject, the board shall determine whether
121	163		issuance of a proclamation is necessary based on the significance
122	164		of the changes to the essential knowledge and skills. If the board
123	165		determines a proclamation is necessary, the board shall issue:
124	166		(1) a full call for instructional materials aligned to
125	167		all of the essential knowledge and skills for the subject and grade
126	168		level;
127	169		(2) a supplemental call for instructional materials
128	170		aligned to new or expanded essential knowledge and skills for the
129	171		subject and grade level;
130	172		(3) a call for new information demonstrating alignment
131	173		of current instructional materials to the revised essential
132	174		knowledge and skills; or
133	175		(4) any combination of the calls described by
134	176		Subdivisions (1), (2), and (3).
135	177		(b-3) In determining the disbursement of money to the
136	178		available school fund and the amount of that disbursement that will
137	179		be used, in accordance with Section 43.001(d), to fund the
138	180		instructional materials allotment under Section 31.0211, the board
139	181		must consider the cost of all instructional materials and
140	182		technology requirements for that state fiscal biennium.
141	183		(f) The board shall amend any proclamation [request for
142	184		production] issued for the purchase of instructional materials to
143	185		conform to the instructional materials funding levels provided by
144	186		the General Appropriations Act for the year of implementation and
145	187		to comply with Subsection (b-1).
146		-	SECTION 7. Section 43.001(d), Education Code, is amended to
147		-	read as follows:
	188	+	SECTION 9. Subchapter B, Chapter 39, Education Code, is
	189	+	amended by adding Section 39.0239 to read as follows:
	190	+	Sec. 39.0239. REQUIRED REPORT FOR CERTAIN ASSESSMENTS.
	191	+	(a) Following the administration of an assessment instrument
	192	+	adopted or developed under Section 39.023(a), the agency shall
	193	+	provide a detailed report of a student's performance on the
	194	+	assessment instrument to:
	195	+	(1) the student;
	196	+	(2) the student's parent or other person standing in
	197	+	parental relationship; and
	198	+	(3) the student's teachers.
	199	+	(b) The report provided under Subsection (a) must include an
	200	+	analysis of a student's performance on each assessed standard or
	201	+	skill in the essential knowledge and skills of the subject for which
	202	+	the assessment instrument was administered. The analysis must
	203	+	indicate whether the student mastered each standard or skill
	204	+	assessed in the assessment instrument.
	205	+	(c) The analysis under Subsection (b) must demonstrate both
	206	+	individual assessment results and assessment results aggregated
	207	+	across classes, campuses, and districts.
	208	+	(d) If the commissioner contracts with a third party for the
	209	+	development or adoption of an assessment instrument under Section
	210	+	39.023(a), the contract must require the third party to fulfill the
	211	+	requirements of this section.
	212	+	SECTION 10. Section 43.001(d), Education Code, is amended
	213	+	to read as follows:
148	214		(d) Each biennium [year] the State Board of Education shall
149	215		set aside an amount equal to 50 percent of the [annual] distribution
150	216		for that biennium [year] from the permanent school fund to the
151	217		available school fund as provided by Section 5(a), Article VII,
152	218		Texas Constitution, to be placed, subject to the General
153	219		Appropriations Act, in the state instructional materials fund
154	220		established under Section 31.021.
155		-	SECTION 8. Section 403.093(d), Government Code, is amended
	221	+	SECTION 11. Section 403.093(d), Government Code, is amended
156	222		to read as follows:
157	223		(d) The comptroller shall transfer from the general revenue
158	224		fund to the foundation school fund an amount of money necessary to
159	225		fund the foundation school program as provided by Chapter 42,
160	226		Education Code. The comptroller shall make the transfers in
161	227		installments as necessary to comply with Section 42.259, Education
162	228		Code, and permit the Texas Education Agency, to the extent
163	229		authorized by the General Appropriations Act, to make temporary
164	230		transfers from the foundation school fund for payment of the
165	231		instructional materials allotment under Section 31.0211, Education
166	232		Code. Unless an earlier date is necessary for purposes of temporary
167	233		transfers for payment of the instructional materials allotment, an
168	234		[An] installment must be made not earlier than two days before the
169	235		date an installment to school districts is required by Section
170	236		42.259, Education Code, and must not exceed the amount necessary
171	237		for that payment and any temporary transfers for payment of the
172	238		instructional materials allotment.
173		-	SECTION 9. Sections 31.101(d) and (e), Education Code, are
	239	+	SECTION 12. Sections 31.101(d) and (e), Education Code, are
174	240		repealed.
175		-	SECTION 10. This Act takes effect September 1, 2015.
	241	+	SECTION 13. Not later than January 1, 2016, the State Board
	242	+	of Education shall adopt a chart as prescribed by Section
	243	+	28.008(d), Education Code, as amended by this Act.
	244	+	SECTION 14. The change in law made by Section 39.0239(d),
	245	+	Education Code, as added by this Act, applies only to a contract
	246	+	entered into, amended, or renewed on or after the effective date of
	247	+	this Act. A contract entered into, amended, or renewed before the
	248	+	effective date of this Act is governed by the law as it existed
	249	+	immediately before the effective date of this Act, and that law is
	250	+	continued in effect for that purpose.
	251	+	SECTION 15. This Act applies beginning with the 2015-2016
	252	+	school year.
	253	+	SECTION 16. This Act takes effect immediately if it
	254	+	receives a vote of two-thirds of all the members elected to each
	255	+	house, as provided by Section 39, Article III, Texas Constitution.
	256	+	If this Act does not receive the vote necessary for immediate
	257	+	effect, this Act takes effect September 1, 2015.
	258	+	* * * * *