Texas 2015 - 84th Regular

Texas House Bill HB741 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R2115 GCB-D
2	2	By: Huberty H.B. No. 741
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the administration to public school students in certain
8	8	grades of state-administered assessment instruments.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 39.023(a), Education Code, as effective
11	11	until on or before September 1, 2015, is amended to read as follows:
12	12	(a) The agency shall adopt or develop appropriate
13	13	criterion-referenced assessment instruments designed to assess
14	14	essential knowledge and skills in reading, writing, mathematics,
15	15	social studies, and science. Except as provided by Subsection
16	16	(a-2), all students, other than students assessed under Subsection
17	17	(b) or (l) or exempted under Section 39.027, shall be assessed in:
18	18	(1) mathematics, [annually] in grades three and five
19	19	[through seven] without the aid of technology and in grade eight
20	20	with the aid of technology on any assessment instrument that
21	21	includes algebra;
22	22	(2) reading, [annually] in grades three, five, and
23	23	[through] eight;
24	24	(3) writing, including spelling and grammar, in grades
25	25	four and seven;
26	26	(4) social studies, in grade eight; and
27	27	(5) science, in grades five and eight[; and
28	28	[(6) any other subject and grade required by federal
29	29	law].
30	30	SECTION 2. Section 39.023(a), Education Code, as effective
31	31	on or before September 1, 2015, is reenacted to read as follows:
32	32	(a) The agency shall adopt or develop appropriate
33	33	criterion-referenced assessment instruments designed to assess
34	34	essential knowledge and skills in reading, writing, mathematics,
35	35	social studies, and science. Except as provided by Subsection
36	36	(a-2), all students, other than students assessed under Subsection
37	37	(b) or (l) or exempted under Section 39.027, shall be assessed in:
38	38	(1) mathematics, in grades three and five without the
39	39	aid of technology and in grade eight with the aid of technology on
40	40	any assessment instrument that includes algebra;
41	41	(2) reading, in grades three, five, and eight;
42	42	(3) writing, including spelling and grammar, in grades
43	43	four and seven;
44	44	(4) social studies, in grade eight; and
45	45	(5) science, in grades five and eight.
46	46	SECTION 3. Section 39.023(a), Education Code, as effective
47	47	September 1, 2017, is amended to read as follows:
48	48	(a) The agency shall adopt or develop appropriate
49	49	criterion-referenced assessment instruments designed to assess
50	50	essential knowledge and skills in reading, writing, mathematics,
51	51	social studies, and science. Except as provided by Subsection
52	52	(a-2), all students, other than students assessed under Subsection
53	53	(b) or (l) or exempted under Section 39.027, shall be assessed in:
54	54	(1) mathematics, [annually] in grades three and five
55	55	[through seven] without the aid of technology and in grade eight
56	56	with the aid of technology on any assessment instrument that
57	57	includes algebra;
58	58	(2) reading, [annually] in grades three, five, and
59	59	[through] eight;
60	60	(3) writing, including spelling and grammar, in grades
61	61	four and seven;
62	62	(4) social studies, in grade eight; and
63	63	(5) science, in grades five and eight[; and
64	64	[(6) any other subject and grade required by federal
65	65	law].
66	66	SECTION 4. Section 39.023(a-1), Education Code, as
67	67	effective until on or before September 1, 2015, is amended to read
68	68	as follows:
69	69	(a-1) The agency shall develop assessment instruments
70	70	required under Subsections (a), (a-4), (a-5), and (a-6) [Subsection
71	71	(a)] in a manner that allows, to the extent practicable:
72	72	(1) the score a student receives to provide reliable
73	73	information relating to a student's satisfactory performance for
74	74	each performance standard under Section 39.0241; and
75	75	(2) an appropriate range of performances to serve as a
76	76	valid indication of growth in student achievement.
77	77	SECTION 5. Section 39.023(a-1), Education Code, as
78	78	effective on or before September 1, 2015, is reenacted to read as
79	79	follows:
80	80	(a-1) The agency shall develop assessment instruments
81	81	required under Subsections (a), (a-4), (a-5), and (a-6) in a manner
82	82	that allows, to the extent practicable:
83	83	(1) the score a student receives to provide reliable
84	84	information relating to a student's satisfactory performance for
85	85	each performance standard under Section 39.0241; and
86	86	(2) an appropriate range of performances to serve as a
87	87	valid indication of growth in student achievement.
88	88	SECTION 6. Section 39.023(a-1), Education Code, as
89	89	effective September 1, 2017, is amended to read as follows:
90	90	(a-1) The agency shall develop assessment instruments
91	91	required under Subsections (a), (a-4), (a-5), and (a-6) [Subsection
92	92	(a)] in a manner that allows, to the extent practicable:
93	93	(1) the score a student receives to provide reliable
94	94	information relating to a student's satisfactory performance for
95	95	each performance standard under Section 39.0241; and
96	96	(2) an appropriate range of performances to serve as a
97	97	valid indication of growth in student achievement.
98	98	SECTION 7. Section 39.023(a-2), Education Code, as
99	99	effective until on or before September 1, 2015, is amended to read
100	100	as follows:
101	101	(a-2) Except as required by federal law, a student is not
102	102	required to be assessed in a subject otherwise assessed at the
103	103	student's grade level under Subsection (a) if the student:
104	104	(1) is enrolled in a course in the subject intended for
105	105	students above the student's grade level and will be administered
106	106	an assessment instrument adopted or developed under Subsection (a),
107	107	(a-4), (a-5), or (a-6) that aligns with the curriculum for the
108	108	course in which the student is enrolled; or
109	109	(2) is enrolled in a course in the subject for which
110	110	the student will receive high school academic credit and will be
111	111	administered an end-of-course assessment instrument adopted under
112	112	Subsection (c) for the course.
113	113	SECTION 8. Section 39.023(a-2), Education Code, as
114	114	effective on or before September 1, 2015, is reenacted to read as
115	115	follows:
116	116	(a-2) Except as required by federal law, a student is not
117	117	required to be assessed in a subject otherwise assessed at the
118	118	student's grade level under Subsection (a) if the student:
119	119	(1) is enrolled in a course in the subject intended for
120	120	students above the student's grade level and will be administered
121	121	an assessment instrument adopted or developed under Subsection (a),
122	122	(a-4), (a-5), or (a-6) that aligns with the curriculum for the
123	123	course in which the student is enrolled; or
124	124	(2) is enrolled in a course in the subject for which
125	125	the student will receive high school academic credit and will be
126	126	administered an end-of-course assessment instrument adopted under
127	127	Subsection (c) for the course.
128	128	SECTION 9. Section 39.023(a-2), Education Code, as
129	129	effective September 1, 2017, is amended to read as follows:
130	130	(a-2) Except as required by federal law, a student is not
131	131	required to be assessed in a subject otherwise assessed at the
132	132	student's grade level under Subsection (a) if the student:
133	133	(1) is enrolled in a course in the subject intended for
134	134	students above the student's grade level and will be administered
135	135	an assessment instrument adopted or developed under Subsection (a),
136	136	(a-4), (a-5), or (a-6) that aligns with the curriculum for the
137	137	course in which the student is enrolled; or
138	138	(2) is enrolled in a course in the subject for which
139	139	the student will receive high school academic credit and will be
140	140	administered an end-of-course assessment instrument adopted under
141	141	Subsection (c) for the course.
142	142	SECTION 10. Section 39.023(a-3), Education Code, as added
143	143	by Chapter 861 (H.B. 462), Acts of the 83rd Legislature, Regular
144	144	Session, 2013, is redesignated as Section 39.023(a-11), Education
145	145	Code, and amended to read as follows:
146	146	(a-11) [(a-3)] The agency may not adopt or develop a
147	147	criterion-referenced assessment instrument under this section
148	148	based on common core state standards as defined by Section
149	149	28.002(b-1). This subsection does not prohibit the use of college
150	150	advanced placement tests or international baccalaureate
151	151	examinations as those terms are defined by Section 28.051.
152	152	SECTION 11. Sections 39.023(a-3), (a-4), (a-5), (a-6),
153	153	(a-7), (a-8), and (a-9), Education Code, as added by Chapter 1267
154	154	(H.B. 866), Acts of the 83rd Legislature, Regular Session, 2013, as
155	155	effective on or before September 1, 2015, are reenacted to read as
156	156	follows:
157	157	(a-3) For each assessment instrument administered under
158	158	Subsection (a) or (a-5), the agency shall determine, based on
159	159	available information for that assessment instrument, the minimum
160	160	satisfactory adjusted scale score. The minimum satisfactory
161	161	adjusted scale score is the sum of the scale score that indicates
162	162	satisfactory performance on that assessment instrument, as
163	163	determined by the commissioner under Section 39.0241(a), plus the
164	164	minimum number of points that when added to the scale score produces
165	165	a score that, within a three percent margin of error, is predictive
166	166	that a student achieving that score would achieve satisfactory
167	167	performance on an assessment instrument in the same subject
168	168	administered to the student during the following school year.
169	169	(a-4) A student shall be assessed in grade four in a subject
170	170	for which an assessment instrument is administered under Subsection
171	171	(a) in grade three if, on the final assessment instrument in that
172	172	subject administered under Subsection (a) to the student in grade
173	173	three during the preceding school year, the student did not achieve
174	174	a score equal to or greater than the minimum satisfactory adjusted
175	175	scale score for that assessment instrument, as determined under
176	176	Subsection (a-3).
177	177	(a-5) A student shall be assessed in grade six in a subject
178	178	for which an assessment instrument is administered under Subsection
179	179	(a) in grade five if, on the final assessment instrument in that
180	180	subject administered under Subsection (a) to the student in grade
181	181	five during the preceding school year, the student did not achieve a
182	182	score equal to or greater than the minimum satisfactory adjusted
183	183	scale score for that assessment instrument, as determined under
184	184	Subsection (a-3).
185	185	(a-6) A student shall be assessed in grade seven in a
186	186	subject for which an assessment instrument was administered under
187	187	Subsection (a-5) to the student in grade six if, on the final
188	188	assessment instrument in that subject administered to the student
189	189	in grade six during the preceding school year, the student did not
190	190	achieve a score equal to or greater than the minimum satisfactory
191	191	adjusted scale score for that assessment instrument, as determined
192	192	under Subsection (a-3).
193	193	(a-7) A student assessed in mathematics under Subsection
194	194	(a-4), (a-5), or (a-6) shall be assessed without the aid of
195	195	technology.
196	196	(a-8) A school district or open-enrollment charter school
197	197	may, for its own use in determining whether students are performing
198	198	at a satisfactory level, administer to a student at the appropriate
199	199	grade level, other than a student required to be assessed, an
200	200	assessment instrument developed for purposes of Subsection (a-4),
201	201	(a-5), or (a-6). At the request of a district or open-enrollment
202	202	charter school, the agency shall provide, allow for the
203	203	administration of, and score each assessment instrument
204	204	administered under this subsection in the same manner and at the
205	205	same cost as for assessment instruments required to be administered
206	206	under the applicable subsection. The results of an assessment
207	207	instrument administered under this subsection may not be included
208	208	as an indicator of student achievement under Section 39.053 or any
209	209	other provision.
210	210	(a-9) If there is a conflict between this section and a
211	211	federal law or regulation as a result of forgoing under this section
212	212	certain administration of assessment instruments to students who
213	213	have recently performed successfully on assessment instruments
214	214	assessing the same subject, the commissioner shall seek a waiver
215	215	from the application of the conflicting federal law or
216	216	regulation. In seeking a waiver, the commissioner shall submit all
217	217	relevant data, including data relating to:
218	218	(1) the likelihood that a student who achieves a score
219	219	on an assessment instrument equal to or greater than the minimum
220	220	satisfactory adjusted scale score for that assessment instrument,
221	221	as determined under Subsection (a-3), will, in subsequent years,
222	222	perform satisfactorily on assessment instruments in the same
223	223	subject;
224	224	(2) the costs associated with ongoing assessment of
225	225	students who have proven likely to perform successfully on
226	226	subsequent assessment instruments; and
227	227	(3) the benefit of redirecting resources from
228	228	assessment of students who have proven likely to perform
229	229	successfully on subsequent assessment instruments toward enabling
230	230	lower performing students to perform successfully on assessment
231	231	instruments after one school year.
232	232	SECTION 12. Section 39.023(a-10), Education Code, as
233	233	effective on or before September 1, 2015, is reenacted and amended
234	234	to read as follows:
235	235	(a-10) This subsection and Subsections (a-3), (a-4), (a-5),
236	236	(a-6), (a-7), (a-8), and (a-9) expire August 1, 2019 [September 1,
237	237	2017].
238	238	SECTION 13. Section 39.023(b), Education Code, as effective
239	239	until on or before September 1, 2015, is amended to read as follows:
240	240	(b) The agency shall develop or adopt appropriate
241	241	criterion-referenced alternative assessment instruments to be
242	242	administered to a [each] student in a special education program
243	243	under Subchapter A, Chapter 29, for whom an assessment instrument
244	244	adopted under Subsection (a) or, to the extent applicable,
245	245	Subsection (a-4), (a-5), or (a-6), even with allowable
246	246	accommodations, would not provide an appropriate measure of student
247	247	achievement, as determined by the student's admission, review, and
248	248	dismissal committee, including assessment instruments approved by
249	249	the commissioner that measure growth. The assessment instruments
250	250	developed or adopted under this subsection, including the
251	251	assessment instruments approved by the commissioner, must, to the
252	252	extent allowed under federal law, provide a district with options
253	253	for the assessment of students under this subsection. The agency
254	254	may not adopt a performance standard that indicates that a
255	255	student's performance on the alternate assessment does not meet
256	256	standards if the lowest level of the assessment accurately
257	257	represents the student's developmental level as determined by the
258	258	student's admission, review, and dismissal committee.
259	259	SECTION 14. Section 39.023(b), Education Code, as effective
260	260	on or before September 1, 2015, is reenacted to read as follows:
261	261	(b) The agency shall develop or adopt appropriate
262	262	criterion-referenced alternative assessment instruments to be
263	263	administered to a student in a special education program under
264	264	Subchapter A, Chapter 29, for whom an assessment instrument adopted
265	265	under Subsection (a) or, to the extent applicable, Subsection
266	266	(a-4), (a-5), or (a-6), even with allowable accommodations, would
267	267	not provide an appropriate measure of student achievement, as
268	268	determined by the student's admission, review, and dismissal
269	269	committee, including assessment instruments approved by the
270	270	commissioner that measure growth. The assessment instruments
271	271	developed or adopted under this subsection, including the
272	272	assessment instruments approved by the commissioner, must, to the
273	273	extent allowed under federal law, provide a district with options
274	274	for the assessment of students under this subsection. The agency
275	275	may not adopt a performance standard that indicates that a
276	276	student's performance on the alternate assessment does not meet
277	277	standards if the lowest level of the assessment accurately
278	278	represents the student's developmental level as determined by the
279	279	student's admission, review, and dismissal committee.
280	280	SECTION 15. Section 39.023(b), Education Code, as effective
281	281	September 1, 2017, is amended to read as follows:
282	282	(b) The agency shall develop or adopt appropriate
283	283	criterion-referenced alternative assessment instruments to be
284	284	administered to a [each] student in a special education program
285	285	under Subchapter A, Chapter 29, for whom an assessment instrument
286	286	adopted under Subsection (a) or, to the extent applicable,
287	287	Subsection (a-4), (a-5), or (a-6), even with allowable
288	288	accommodations, would not provide an appropriate measure of student
289	289	achievement, as determined by the student's admission, review, and
290	290	dismissal committee, including assessment instruments approved by
291	291	the commissioner that measure growth. The assessment instruments
292	292	developed or adopted under this subsection, including the
293	293	assessment instruments approved by the commissioner, must, to the
294	294	extent allowed under federal law, provide a district with options
295	295	for the assessment of students under this subsection. The agency
296	296	may not adopt a performance standard that indicates that a
297	297	student's performance on the alternate assessment does not meet
298	298	standards if the lowest level of the assessment accurately
299	299	represents the student's developmental level as determined by the
300	300	student's admission, review, and dismissal committee.
301	301	SECTION 16. Section 39.023(c-1), Education Code, as
302	302	effective until on or before September 1, 2015, is amended to read
303	303	as follows:
304	304	(c-1) To the greatest extent practicable, the [The] agency
305	305	shall develop any assessment instrument required under this section
306	306	in a manner that allows for the measurement of annual improvement in
307	307	student achievement as required by Sections 39.034(c) and (d).
308	308	SECTION 17. Section 39.023(c-1), Education Code, as
309	309	effective on or before September 1, 2015, is reenacted to read as
310	310	follows:
311	311	(c-1) To the greatest extent practicable, the agency shall
312	312	develop any assessment instrument required under this section in a
313	313	manner that allows for the measurement of annual improvement in
314	314	student achievement as required by Sections 39.034(c) and (d).
315	315	SECTION 18. Section 39.023(c-1), Education Code, as
316	316	effective September 1, 2017, is amended to read as follows:
317	317	(c-1) To the greatest extent practicable, the [The] agency
318	318	shall develop any assessment instrument required under this section
319	319	in a manner that allows for the measurement of annual improvement in
320	320	student achievement as required by Sections 39.034(c) and (d).
321	321	SECTION 19. Section 39.023(c-3), Education Code, as
322	322	effective until on or before September 1, 2015, is amended to read
323	323	as follows:
324	324	(c-3) In adopting a schedule for the administration of
325	325	assessment instruments under this section, the State Board of
326	326	Education shall require:
327	327	(1) assessment instruments administered under
328	328	Subsections [Subsection] (a), (a-4), (a-5), and (a-6) to be
329	329	administered on a schedule so that the first assessment instrument
330	330	is administered at least two weeks later than the date on which the
331	331	first assessment instrument was administered under Subsection (a)
332	332	during the 2006-2007 school year; and
333	333	(2) the spring administration of end-of-course
334	334	assessment instruments under Subsection (c) to occur in each school
335	335	district not earlier than the first full week in May, except that
336	336	the spring administration of the end-of-course assessment
337	337	instruments in English I and English II must be permitted to occur
338	338	at an earlier date.
339	339	SECTION 20. Section 39.023(c-3), Education Code, as
340	340	effective on or before September 1, 2015, is reenacted to read as
341	341	follows:
342	342	(c-3) In adopting a schedule for the administration of
343	343	assessment instruments under this section, the State Board of
344	344	Education shall require:
345	345	(1) assessment instruments administered under
346	346	Subsections (a), (a-4), (a-5), and (a-6) to be administered on a
347	347	schedule so that the first assessment instrument is administered at
348	348	least two weeks later than the date on which the first assessment
349	349	instrument was administered under Subsection (a) during the
350	350	2006-2007 school year; and
351	351	(2) the spring administration of end-of-course
352	352	assessment instruments under Subsection (c) to occur in each school
353	353	district not earlier than the first full week in May, except that
354	354	the spring administration of the end-of-course assessment
355	355	instruments in English I and English II must be permitted to occur
356	356	at an earlier date.
357	357	SECTION 21. Section 39.023(c-3), Education Code, as
358	358	effective September 1, 2017, is amended to read as follows:
359	359	(c-3) In adopting a schedule for the administration of
360	360	assessment instruments under this section, the State Board of
361	361	Education shall require:
362	362	(1) assessment instruments administered under
363	363	Subsections [Subsection] (a), (a-4), (a-5), and (a-6) to be
364	364	administered on a schedule so that the first assessment instrument
365	365	is administered at least two weeks later than the date on which the
366	366	first assessment instrument was administered under Subsection (a)
367	367	during the 2006-2007 school year; and
368	368	(2) the spring administration of end-of-course
369	369	assessment instruments under Subsection (c) to occur in each school
370	370	district not earlier than the first full week in May, except that
371	371	the spring administration of the end-of-course assessment
372	372	instruments in English I and English II must be permitted to occur
373	373	at an earlier date.
374	374	SECTION 22. Section 39.023(e), Education Code, as effective
375	375	until on or before September 1, 2015, is amended to read as follows:
376	376	(e) Under rules adopted by the State Board of Education,
377	377	every third year, the agency shall release the questions and answer
378	378	keys to each assessment instrument administered under Subsection
379	379	(a), (a-4), (a-5), (a-6), (b), (c), (d), or (l), excluding any
380	380	assessment instrument administered to a student for the purpose of
381	381	retaking the assessment instrument, after the last time the
382	382	instrument is administered for that school year. To ensure a valid
383	383	bank of questions for use each year, the agency is not required to
384	384	release a question that is being field-tested and was not used to
385	385	compute the student's score on the instrument. The agency shall
386	386	also release, under board rule, each question that is no longer
387	387	being field-tested and that was not used to compute a student's
388	388	score. During the 2014-2015 and 2015-2016 school years, the agency
389	389	shall release the questions and answer keys to assessment
390	390	instruments as described by this subsection each year.
391	391	SECTION 23. Section 39.023(e), Education Code, as effective
392	392	on or before September 1, 2015, is reenacted to read as follows:
393	393	(e) Under rules adopted by the State Board of Education,
394	394	every third year, the agency shall release the questions and answer
395	395	keys to each assessment instrument administered under Subsection
396	396	(a), (a-4), (a-5), (a-6), (b), (c), (d), or (l), excluding any
397	397	assessment instrument administered to a student for the purpose of
398	398	retaking the assessment instrument, after the last time the
399	399	instrument is administered for that school year. To ensure a valid
400	400	bank of questions for use each year, the agency is not required to
401	401	release a question that is being field-tested and was not used to
402	402	compute the student's score on the instrument. The agency shall
403	403	also release, under board rule, each question that is no longer
404	404	being field-tested and that was not used to compute a student's
405	405	score. During the 2014-2015 and 2015-2016 school years, the agency
406	406	shall release the questions and answer keys to assessment
407	407	instruments as described by this subsection each year.
408	408	SECTION 24. Section 39.023(e), Education Code, as effective
409	409	September 1, 2017, is amended to read as follows:
410	410	(e) Under rules adopted by the State Board of Education,
411	411	every third year, the agency shall release the questions and answer
412	412	keys to each assessment instrument administered under Subsection
413	413	(a), (a-4), (a-5), (a-6), (b), (c), (d), or (l), excluding any
414	414	assessment instrument administered to a student for the purpose of
415	415	retaking the assessment instrument, after the last time the
416	416	instrument is administered for that school year. To ensure a valid
417	417	bank of questions for use each year, the agency is not required to
418	418	release a question that is being field-tested and was not used to
419	419	compute the student's score on the instrument. The agency shall
420	420	also release, under board rule, each question that is no longer
421	421	being field-tested and that was not used to compute a student's
422	422	score. During the 2014-2015 and 2015-2016 school years, the agency
423	423	shall release the questions and answer keys to assessment
424	424	instruments as described by this subsection each year.
425	425	SECTION 25. Section 39.023(l), Education Code, as effective
426	426	until on or before September 1, 2015, is amended to read as follows:
427	427	(l) The State Board of Education shall adopt rules for the
428	428	administration of the assessment instruments adopted under
429	429	Subsection (a) and, to the extent applicable, the assessment
430	430	instruments adopted under Subsection (a-4) in Spanish to students
431	431	in grades three through five who are of limited English
432	432	proficiency, as defined by Section 29.052, whose primary language
433	433	is Spanish, and who are not otherwise exempt from the
434	434	administration of an assessment instrument under Section
435	435	39.027(a)(1) or (2). Each student of limited English proficiency
436	436	whose primary language is Spanish, other than a student to whom
437	437	Subsection (b) applies, may be assessed using assessment
438	438	instruments in Spanish under this subsection for up to three years
439	439	or assessment instruments in English under Subsection (a) and, as
440	440	applicable, Subsection (a-4). The language proficiency assessment
441	441	committee established under Section 29.063 shall determine which
442	442	students are administered assessment instruments in Spanish under
443	443	this subsection.
444	444	SECTION 26. Section 39.023(l), Education Code, as effective
445	445	on or before September 1, 2015, is reenacted to read as follows:
446	446	(l) The State Board of Education shall adopt rules for the
447	447	administration of the assessment instruments adopted under
448	448	Subsection (a) and, to the extent applicable, the assessment
449	449	instruments adopted under Subsection (a-4) in Spanish to students
450	450	in grades three, four, and five who are of limited English
451	451	proficiency, as defined by Section 29.052, whose primary language
452	452	is Spanish, and who are not otherwise exempt from the
453	453	administration of an assessment instrument under Section
454	454	39.027(a)(1) or (2). Each student of limited English proficiency
455	455	whose primary language is Spanish, other than a student to whom
456	456	Subsection (b) applies, may be assessed using assessment
457	457	instruments in Spanish under this subsection for up to three years
458	458	or assessment instruments in English under Subsection (a) and, as
459	459	applicable, Subsection (a-4). The language proficiency assessment
460	460	committee established under Section 29.063 shall determine which
461	461	students are administered assessment instruments in Spanish under
462	462	this subsection.
463	463	SECTION 27. Section 39.023(l), Education Code, as effective
464	464	September 1, 2017, is amended to read as follows:
465	465	(l) The State Board of Education shall adopt rules for the
466	466	administration of the assessment instruments adopted under
467	467	Subsection (a) and, to the extent applicable, the assessment
468	468	instruments adopted under Subsection (a-4) in Spanish to students
469	469	in grades three through five who are of limited English
470	470	proficiency, as defined by Section 29.052, whose primary language
471	471	is Spanish, and who are not otherwise exempt from the
472	472	administration of an assessment instrument under Section
473	473	39.027(a)(1) or (2). Each student of limited English proficiency
474	474	whose primary language is Spanish, other than a student to whom
475	475	Subsection (b) applies, may be assessed using assessment
476	476	instruments in Spanish under this subsection for up to three years
477	477	or assessment instruments in English under Subsection (a) and, as
478	478	applicable, Subsection (a-4). The language proficiency assessment
479	479	committee established under Section 29.063 shall determine which
480	480	students are administered assessment instruments in Spanish under
481	481	this subsection.
482	482	SECTION 28. Section 39.023(m), Education Code, as effective
483	483	until on or before September 1, 2015, is amended to read as follows:
484	484	(m) The commissioner by rule shall develop procedures under
485	485	which the language proficiency assessment committee established
486	486	under Section 29.063 shall determine which students are exempt from
487	487	the administration of the assessment instruments under Section
488	488	39.027(a)(1) or (2). The rules adopted under this subsection shall
489	489	ensure that the language proficiency assessment committee provides
490	490	that the exempted students are administered the assessment
491	491	instruments under Subsections (a) and (c) and, to the extent
492	492	applicable, Subsections (a-4), (a-5), and (a-6) at the earliest
493	493	practical date.
494	494	SECTION 29. Section 39.023(m), Education Code, as effective
495	495	on or before September 1, 2015, is reenacted to read as follows:
496	496	(m) The commissioner by rule shall develop procedures under
497	497	which the language proficiency assessment committee established
498	498	under Section 29.063 shall determine which students are exempt from
499	499	the administration of the assessment instruments under Section
500	500	39.027(a)(1) or (2). The rules adopted under this subsection shall
501	501	ensure that the language proficiency assessment committee provides
502	502	that the exempted students are administered the assessment
503	503	instruments under Subsections (a) and (c) and, to the extent
504	504	applicable, Subsections (a-4), (a-5), and (a-6) at the earliest
505	505	practical date.
506	506	SECTION 30. Section 39.023(m), Education Code, as effective
507	507	September 1, 2017, is amended to read as follows:
508	508	(m) The commissioner by rule shall develop procedures under
509	509	which the language proficiency assessment committee established
510	510	under Section 29.063 shall determine which students are exempt from
511	511	the administration of the assessment instruments under Section
512	512	39.027(a)(1) or (2). The rules adopted under this subsection shall
513	513	ensure that the language proficiency assessment committee provides
514	514	that the exempted students are administered the assessment
515	515	instruments under Subsections (a) and (c) and, to the extent
516	516	applicable, Subsections (a-4), (a-5), and (a-6) at the earliest
517	517	practical date.
518	518	SECTION 31. Section 39.023(n), Education Code, as effective
519	519	until on or before September 1, 2015, is amended to read as follows:
520	520	(n) This subsection applies only to a student who is
521	521	determined to have dyslexia or a related disorder and who is an
522	522	individual with a disability under 29 U.S.C. Section 705(20) and
523	523	its subsequent amendments. The agency shall adopt or develop
524	524	appropriate criterion-referenced assessment instruments designed
525	525	to assess the ability of and to be administered to each student to
526	526	whom this subsection applies for whom the assessment instruments
527	527	adopted under Subsection (a) and, to the extent applicable, the
528	528	assessment instruments adopted under Subsections (a-4), (a-5), and
529	529	(a-6), even with allowable modifications, would not provide an
530	530	appropriate measure of student achievement, as determined by the
531	531	committee established by the board of trustees of the district to
532	532	determine the placement of students with dyslexia or related
533	533	disorders. The committee shall determine whether any allowable
534	534	modification is necessary in administering to a student an
535	535	assessment instrument required under this subsection. The
536	536	assessment instruments required under this subsection shall be
537	537	administered on the same schedule as the assessment instruments
538	538	administered under Subsections [Subsection] (a), (a-4), (a-5), and
539	539	(a-6), as applicable.
540	540	SECTION 32. Section 39.023(n), Education Code, as effective
541	541	on or before September 1, 2015, is reenacted to read as follows:
542	542	(n) This subsection applies only to a student who is
543	543	determined to have dyslexia or a related disorder and who is an
544	544	individual with a disability under 29 U.S.C. Section 705(20) and
545	545	its subsequent amendments. The agency shall adopt or develop
546	546	appropriate criterion-referenced assessment instruments designed
547	547	to assess the ability of and to be administered to each student to
548	548	whom this subsection applies for whom the assessment instruments
549	549	adopted under Subsection (a) and, to the extent applicable, the
550	550	assessment instruments adopted under Subsections (a-4), (a-5), and
551	551	(a-6), even with allowable modifications, would not provide an
552	552	appropriate measure of student achievement, as determined by the
553	553	committee established by the board of trustees of the district to
554	554	determine the placement of students with dyslexia or related
555	555	disorders. The committee shall determine whether any allowable
556	556	modification is necessary in administering to a student an
557	557	assessment instrument required under this subsection. The
558	558	assessment instruments required under this subsection shall be
559	559	administered on the same schedule as the assessment instruments
560	560	administered under Subsections (a), (a-4), (a-5), and (a-6), as
561	561	applicable.
562	562	SECTION 33. Section 39.023(n), Education Code, as effective
563	563	September 1, 2017, is amended to read as follows:
564	564	(n) This subsection applies only to a student who is
565	565	determined to have dyslexia or a related disorder and who is an
566	566	individual with a disability under 29 U.S.C. Section 705(20) and
567	567	its subsequent amendments. The agency shall adopt or develop
568	568	appropriate criterion-referenced assessment instruments designed
569	569	to assess the ability of and to be administered to each student to
570	570	whom this subsection applies for whom the assessment instruments
571	571	adopted under Subsection (a) and, to the extent applicable, the
572	572	assessment instruments adopted under Subsections (a-4), (a-5), and
573	573	(a-6), even with allowable modifications, would not provide an
574	574	appropriate measure of student achievement, as determined by the
575	575	committee established by the board of trustees of the district to
576	576	determine the placement of students with dyslexia or related
577	577	disorders. The committee shall determine whether any allowable
578	578	modification is necessary in administering to a student an
579	579	assessment instrument required under this subsection. The
580	580	assessment instruments required under this subsection shall be
581	581	administered on the same schedule as the assessment instruments
582	582	administered under Subsections [Subsection] (a), (a-4), (a-5), and
583	583	(a-6), as applicable.
584	584	SECTION 34. Section 39.023(p), Education Code, as effective
585	585	until on or before September 1, 2015, is amended to read as follows:
586	586	(p) On or before September 1 of each year, the commissioner
587	587	shall make the following information available on the agency's
588	588	Internet website for each assessment instrument administered under
589	589	Subsection (a), (a-4), (a-5), (a-6), (c), or (l):
590	590	(1) the number of questions on the assessment
591	591	instrument;
592	592	(2) the number of questions that must be answered
593	593	correctly to achieve satisfactory performance as determined by the
594	594	commissioner under Section 39.0241(a);
595	595	(3) the number of questions that must be answered
596	596	correctly to achieve satisfactory performance under the college
597	597	readiness performance standard as provided by Section 39.0241; and
598	598	(4) the corresponding scale scores.
599	599	SECTION 35. Section 39.023(p), Education Code, as effective
600	600	on or before September 1, 2015, is reenacted to read as follows:
601	601	(p) On or before September 1 of each year, the commissioner
602	602	shall make the following information available on the agency's
603	603	Internet website for each assessment instrument administered under
604	604	Subsection (a), (a-4), (a-5), (a-6), (c), or (l):
605	605	(1) the number of questions on the assessment
606	606	instrument;
607	607	(2) the number of questions that must be answered
608	608	correctly to achieve satisfactory performance as determined by the
609	609	commissioner under Section 39.0241(a);
610	610	(3) the number of questions that must be answered
611	611	correctly to achieve satisfactory performance under the college
612	612	readiness performance standard as provided by Section 39.0241; and
613	613	(4) the corresponding scale scores.
614	614	SECTION 36. Section 39.023(p), Education Code, as effective
615	615	September 1, 2017, is amended to read as follows:
616	616	(p) On or before September 1 of each year, the commissioner
617	617	shall make the following information available on the agency's
618	618	Internet website for each assessment instrument administered under
619	619	Subsection (a), (a-4), (a-5), (a-6), (c), or (l):
620	620	(1) the number of questions on the assessment
621	621	instrument;
622	622	(2) the number of questions that must be answered
623	623	correctly to achieve satisfactory performance as determined by the
624	624	commissioner under Section 39.0241(a);
625	625	(3) the number of questions that must be answered
626	626	correctly to achieve satisfactory performance under the college
627	627	readiness performance standard as provided by Section 39.0241; and
628	628	(4) the corresponding scale scores.
629	629	SECTION 37. Effective August 1, 2019, Sections 39.023(a),
630	630	(a-1), (a-2), (b), (c-1), (c-3), (e), (l), (m), (n), and (p),
631	631	Education Code, are amended to read as follows:
632	632	(a) The agency shall adopt or develop appropriate
633	633	criterion-referenced assessment instruments designed to assess
634	634	essential knowledge and skills in reading, writing, mathematics,
635	635	social studies, and science. Except as provided by Subsection
636	636	(a-2), all students, other than students assessed under Subsection
637	637	(b) or (l) or exempted under Section 39.027, shall be assessed in:
638	638	(1) mathematics, annually in grades three through
639	639	seven without the aid of technology and in grade eight with the aid
640	640	of technology on any assessment instrument that includes algebra;
641	641	(2) reading, annually in grades three through eight;
642	642	(3) writing, including spelling and grammar, in grades
643	643	four and seven;
644	644	(4) social studies, in grade eight;
645	645	(5) science, in grades five and eight; and
646	646	(6) any other subject and grade required by federal
647	647	law.
648	648	(a-1) The agency shall develop assessment instruments
649	649	required under Subsection (a) in a manner that allows, to the extent
650	650	practicable:
651	651	(1) the score a student receives to provide reliable
652	652	information relating to a student's satisfactory performance for
653	653	each performance standard under Section 39.0241; and
654	654	(2) an appropriate range of performances to serve as a
655	655	valid indication of growth in student achievement.
656	656	(a-2) Except as required by federal law, a student is not
657	657	required to be assessed in a subject otherwise assessed at the
658	658	student's grade level under Subsection (a) if the student:
659	659	(1) is enrolled in a course in the subject intended for
660	660	students above the student's grade level and will be administered
661	661	an assessment instrument adopted or developed under Subsection (a)
662	662	that aligns with the curriculum for the course in which the student
663	663	is enrolled; or
664	664	(2) is enrolled in a course in the subject for which
665	665	the student will receive high school academic credit and will be
666	666	administered an end-of-course assessment instrument adopted under
667	667	Subsection (c) for the course.
668	668	(b) The agency shall develop or adopt appropriate
669	669	criterion-referenced alternative assessment instruments to be
670	670	administered to each student in a special education program under
671	671	Subchapter A, Chapter 29, for whom an assessment instrument adopted
672	672	under Subsection (a), even with allowable accommodations, would not
673	673	provide an appropriate measure of student achievement, as
674	674	determined by the student's admission, review, and dismissal
675	675	committee, including assessment instruments approved by the
676	676	commissioner that measure growth. The assessment instruments
677	677	developed or adopted under this subsection, including the
678	678	assessment instruments approved by the commissioner, must, to the
679	679	extent allowed under federal law, provide a district with options
680	680	for the assessment of students under this subsection. The agency
681	681	may not adopt a performance standard that indicates that a
682	682	student's performance on the alternate assessment does not meet
683	683	standards if the lowest level of the assessment accurately
684	684	represents the student's developmental level as determined by the
685	685	student's admission, review, and dismissal committee.
686	686	(c-1) The agency shall develop any assessment instrument
687	687	required under this section in a manner that allows for the
688	688	measurement of annual improvement in student achievement as
689	689	required by Sections 39.034(c) and (d).
690	690	(c-3) In adopting a schedule for the administration of
691	691	assessment instruments under this section, the State Board of
692	692	Education shall require:
693	693	(1) assessment instruments administered under
694	694	Subsection (a) to be administered on a schedule so that the first
695	695	assessment instrument is administered at least two weeks later than
696	696	the date on which the first assessment instrument was administered
697	697	under Subsection (a) during the 2006-2007 school year; and
698	698	(2) the spring administration of end-of-course
699	699	assessment instruments under Subsection (c) to occur in each school
700	700	district not earlier than the first full week in May, except that
701	701	the spring administration of the end-of-course assessment
702	702	instruments in English I and English II must be permitted to occur
703	703	at an earlier date.
704	704	(e) Under rules adopted by the State Board of Education,
705	705	every third year, the agency shall release the questions and answer
706	706	keys to each assessment instrument administered under Subsection
707	707	(a), (b), (c), (d), or (l), excluding any assessment instrument
708	708	administered to a student for the purpose of retaking the
709	709	assessment instrument, after the last time the instrument is
710	710	administered for that school year. To ensure a valid bank of
711	711	questions for use each year, the agency is not required to release a
712	712	question that is being field-tested and was not used to compute the
713	713	student's score on the instrument. The agency shall also release,
714	714	under board rule, each question that is no longer being
715	715	field-tested and that was not used to compute a student's score.
716	716	[During the 2014-2015 and 2015-2016 school years, the agency shall
717	717	release the questions and answer keys to assessment instruments as
718	718	described by this subsection each year.]
719	719	(l) The State Board of Education shall adopt rules for the
720	720	administration of the assessment instruments adopted under
721	721	Subsection (a) in Spanish to students in grades three through five
722	722	who are of limited English proficiency, as defined by Section
723	723	29.052, whose primary language is Spanish, and who are not
724	724	otherwise exempt from the administration of an assessment
725	725	instrument under Section 39.027(a)(1) or (2). Each student of
726	726	limited English proficiency whose primary language is Spanish,
727	727	other than a student to whom Subsection (b) applies, may be assessed
728	728	using assessment instruments in Spanish under this subsection for
729	729	up to three years or assessment instruments in English under
730	730	Subsection (a). The language proficiency assessment committee
731	731	established under Section 29.063 shall determine which students are
732	732	administered assessment instruments in Spanish under this
733	733	subsection.
734	734	(m) The commissioner by rule shall develop procedures under
735	735	which the language proficiency assessment committee established
736	736	under Section 29.063 shall determine which students are exempt from
737	737	the administration of the assessment instruments under Section
738	738	39.027(a)(1) or (2). The rules adopted under this subsection shall
739	739	ensure that the language proficiency assessment committee provides
740	740	that the exempted students are administered the assessment
741	741	instruments under Subsections (a) and (c) at the earliest practical
742	742	date.
743	743	(n) This subsection applies only to a student who is
744	744	determined to have dyslexia or a related disorder and who is an
745	745	individual with a disability under 29 U.S.C. Section 705(20) and
746	746	its subsequent amendments. The agency shall adopt or develop
747	747	appropriate criterion-referenced assessment instruments designed
748	748	to assess the ability of and to be administered to each student to
749	749	whom this subsection applies for whom the assessment instruments
750	750	adopted under Subsection (a), even with allowable modifications,
751	751	would not provide an appropriate measure of student achievement, as
752	752	determined by the committee established by the board of trustees of
753	753	the district to determine the placement of students with dyslexia
754	754	or related disorders. The committee shall determine whether any
755	755	allowable modification is necessary in administering to a student
756	756	an assessment instrument required under this subsection. The
757	757	assessment instruments required under this subsection shall be
758	758	administered on the same schedule as the assessment instruments
759	759	administered under Subsection (a).
760	760	(p) On or before September 1 of each year, the commissioner
761	761	shall make the following information available on the agency's
762	762	Internet website for each assessment instrument administered under
763	763	Subsection (a), (c), or (l):
764	764	(1) the number of questions on the assessment
765	765	instrument;
766	766	(2) the number of questions that must be answered
767	767	correctly to achieve satisfactory performance as determined by the
768	768	commissioner under Section 39.0241(a);
769	769	(3) the number of questions that must be answered
770	770	correctly to achieve satisfactory performance under the college
771	771	readiness performance standard as provided by Section 39.0241; and
772	772	(4) the corresponding scale scores.
773	773	SECTION 38. (a) Except as otherwise provided by this Act,
774	774	this Act takes effect on any date not later than August 1, 2017, on
775	775	which the commissioner of education:
776	776	(1) obtains any necessary waiver from the application
777	777	of federal law or regulation conflicting with Section 39.023,
778	778	Education Code, as amended by this Act, as required by Section
779	779	39.023(a-9), Education Code, as reenacted by this Act; or
780	780	(2) receives written notification from the United
781	781	States Department of Education that a waiver is not required.
782	782	(b) This Act applies beginning with the first school year
783	783	that begins after the date on which this Act takes effect under
784	784	Subsection (a) of this section.
785	785	(c) If the commissioner of education obtains any necessary
786	786	waiver or receives written notification as described by Subsection
787	787	(a) of this section, the commissioner shall certify that the
788	788	commissioner has obtained the waiver or received notification that
789	789	a waiver is not required, as applicable, and shall publish notice of
790	790	that fact in the Texas Register as soon as practicable after
791	791	obtaining the waiver or receiving notification.