84R2115 GCB-D
By: Huberty H.B. No. 741
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 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 and five
[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
[through] eight;
(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[; 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 reenacted 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;
(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 and five
[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
[through] eight;
(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[; and
[(6) any other subject and grade required by federal
law].
SECTION 4. Section 39.023(a-1), Education Code, as
effective until on or before September 1, 2015, is amended to read
as follows:
(a-1) The agency shall develop assessment instruments
required under Subsections (a), (a-4), (a-5), and (a-6) [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.
SECTION 5. Section 39.023(a-1), Education Code, as
effective on or before September 1, 2015, is reenacted to read as
follows:
(a-1) The agency shall develop assessment instruments
required under Subsections (a), (a-4), (a-5), and (a-6) 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.
SECTION 6. Section 39.023(a-1), Education Code, as
effective September 1, 2017, is amended to read as follows:
(a-1) The agency shall develop assessment instruments
required under Subsections (a), (a-4), (a-5), and (a-6) [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.
SECTION 7. Section 39.023(a-2), Education Code, as
effective until on or before September 1, 2015, is amended to read
as follows:
(a-2) Except as required by federal law, a student is not
required to be assessed in a subject otherwise assessed at the
student's grade level under Subsection (a) if the student:
(1) is enrolled in a course in the subject intended for
students above the student's grade level and will be administered
an assessment instrument adopted or developed under Subsection (a),
(a-4), (a-5), or (a-6) that aligns with the curriculum for the
course in which the student is enrolled; or
(2) is enrolled in a course in the subject for which
the student will receive high school academic credit and will be
administered an end-of-course assessment instrument adopted under
Subsection (c) for the course.
SECTION 8. Section 39.023(a-2), Education Code, as
effective on or before September 1, 2015, is reenacted to read as
follows:
(a-2) Except as required by federal law, a student is not
required to be assessed in a subject otherwise assessed at the
student's grade level under Subsection (a) if the student:
(1) is enrolled in a course in the subject intended for
students above the student's grade level and will be administered
an assessment instrument adopted or developed under Subsection (a),
(a-4), (a-5), or (a-6) that aligns with the curriculum for the
course in which the student is enrolled; or
(2) is enrolled in a course in the subject for which
the student will receive high school academic credit and will be
administered an end-of-course assessment instrument adopted under
Subsection (c) for the course.
SECTION 9. Section 39.023(a-2), Education Code, as
effective September 1, 2017, is amended to read as follows:
(a-2) Except as required by federal law, a student is not
required to be assessed in a subject otherwise assessed at the
student's grade level under Subsection (a) if the student:
(1) is enrolled in a course in the subject intended for
students above the student's grade level and will be administered
an assessment instrument adopted or developed under Subsection (a),
(a-4), (a-5), or (a-6) that aligns with the curriculum for the
course in which the student is enrolled; or
(2) is enrolled in a course in the subject for which
the student will receive high school academic credit and will be
administered an end-of-course assessment instrument adopted under
Subsection (c) for the course.
SECTION 10. Section 39.023(a-3), Education Code, as added
by Chapter 861 (H.B. 462), Acts of the 83rd Legislature, Regular
Session, 2013, is redesignated as Section 39.023(a-11), Education
Code, and amended to read as follows:
(a-11) [(a-3)] The agency may not adopt or develop a
criterion-referenced assessment instrument under this section
based on common core state standards as defined by Section
28.002(b-1). This subsection does not prohibit the use of college
advanced placement tests or international baccalaureate
examinations as those terms are defined by Section 28.051.
SECTION 11. Sections 39.023(a-3), (a-4), (a-5), (a-6),
(a-7), (a-8), and (a-9), Education Code, as added by Chapter 1267
(H.B. 866), Acts of the 83rd Legislature, Regular Session, 2013, as
effective on or before September 1, 2015, are reenacted to read as
follows:
(a-3) For each assessment instrument administered under
Subsection (a) or (a-5), the agency shall determine, based on
available information for that assessment instrument, the minimum
satisfactory adjusted scale score. The minimum satisfactory
adjusted scale score is the sum of the scale score that indicates
satisfactory performance on that assessment instrument, as
determined by the commissioner under Section 39.0241(a), plus the
minimum number of points that when added to the scale score produces
a score that, within a three percent margin of error, is predictive
that a student achieving that score would achieve satisfactory
performance on an assessment instrument in the same subject
administered to the student during the following school year.
(a-4) 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 score equal to or greater than the minimum satisfactory adjusted
scale score for that assessment instrument, as determined under
Subsection (a-3).
(a-5) A student shall be assessed in grade six in a subject
for which an assessment instrument is administered under Subsection
(a) 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
score equal to or greater than the minimum satisfactory adjusted
scale score for that assessment instrument, as determined under
Subsection (a-3).
(a-6) A student shall be assessed in grade seven in a
subject for which an assessment instrument was administered under
Subsection (a-5) to the student in grade six if, on the final
assessment instrument in that subject administered to the student
in grade six during the preceding school year, the student did not
achieve a score equal to or greater than the minimum satisfactory
adjusted scale score for that assessment instrument, as determined
under Subsection (a-3).
(a-7) A student assessed in mathematics under Subsection
(a-4), (a-5), or (a-6) shall be assessed without the aid of
technology.
(a-8) A school district or open-enrollment charter school
may, for its own use in determining whether students are performing
at a satisfactory level, administer to a student at the appropriate
grade level, other than a student required to be assessed, an
assessment instrument developed for purposes of Subsection (a-4),
(a-5), or (a-6). At the request of a district or open-enrollment
charter school, the agency shall provide, allow for the
administration of, and score each assessment instrument
administered under this subsection in the same manner and at the
same cost as for assessment instruments required to be administered
under the applicable subsection. The results of an assessment
instrument administered under this subsection may not be included
as an indicator of student achievement under Section 39.053 or any
other provision.
(a-9) If there is a conflict between this section and a
federal law or regulation 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 the conflicting federal law or
regulation. In seeking a waiver, the commissioner shall submit all
relevant data, including data relating to:
(1) the likelihood that a student who achieves a score
on an assessment instrument equal to or greater than the minimum
satisfactory adjusted scale score for that assessment instrument,
as determined under Subsection (a-3), will, in subsequent years,
perform satisfactorily on assessment instruments in the same
subject;
(2) the costs associated with ongoing assessment of
students who have proven likely to perform successfully on
subsequent assessment instruments; and
(3) the benefit of redirecting resources from
assessment of students who have proven likely to perform
successfully on subsequent assessment instruments toward enabling
lower performing students to perform successfully on assessment
instruments after one school year.
SECTION 12. Section 39.023(a-10), Education Code, as
effective on or before September 1, 2015, is reenacted and amended
to read as follows:
(a-10) This subsection and Subsections (a-3), (a-4), (a-5),
(a-6), (a-7), (a-8), and (a-9) expire August 1, 2019 [September 1,
2017].
SECTION 13. Section 39.023(b), Education Code, as effective
until on or before September 1, 2015, is amended to read as follows:
(b) The agency shall develop or adopt appropriate
criterion-referenced alternative assessment instruments to be
administered to a [each] student in a special education program
under Subchapter A, Chapter 29, for whom an assessment instrument
adopted under Subsection (a) or, to the extent applicable,
Subsection (a-4), (a-5), or (a-6), even with allowable
accommodations, would not provide an appropriate measure of student
achievement, as determined by the student's admission, review, and
dismissal committee, including assessment instruments approved by
the commissioner that measure growth. The assessment instruments
developed or adopted under this subsection, including the
assessment instruments approved by the commissioner, must, to the
extent allowed under federal law, provide a district with options
for the assessment of students under this subsection. The agency
may not adopt a performance standard that indicates that a
student's performance on the alternate assessment does not meet
standards if the lowest level of the assessment accurately
represents the student's developmental level as determined by the
student's admission, review, and dismissal committee.
SECTION 14. Section 39.023(b), Education Code, as effective
on or before September 1, 2015, is reenacted to read as follows:
(b) The agency shall develop or adopt appropriate
criterion-referenced alternative assessment instruments to be
administered to a student in a special education program under
Subchapter A, Chapter 29, for whom an assessment instrument adopted
under Subsection (a) or, to the extent applicable, Subsection
(a-4), (a-5), or (a-6), even with allowable accommodations, would
not provide an appropriate measure of student achievement, as
determined by the student's admission, review, and dismissal
committee, including assessment instruments approved by the
commissioner that measure growth. The assessment instruments
developed or adopted under this subsection, including the
assessment instruments approved by the commissioner, must, to the
extent allowed under federal law, provide a district with options
for the assessment of students under this subsection. The agency
may not adopt a performance standard that indicates that a
student's performance on the alternate assessment does not meet
standards if the lowest level of the assessment accurately
represents the student's developmental level as determined by the
student's admission, review, and dismissal committee.
SECTION 15. Section 39.023(b), Education Code, as effective
September 1, 2017, is amended to read as follows:
(b) The agency shall develop or adopt appropriate
criterion-referenced alternative assessment instruments to be
administered to a [each] student in a special education program
under Subchapter A, Chapter 29, for whom an assessment instrument
adopted under Subsection (a) or, to the extent applicable,
Subsection (a-4), (a-5), or (a-6), even with allowable
accommodations, would not provide an appropriate measure of student
achievement, as determined by the student's admission, review, and
dismissal committee, including assessment instruments approved by
the commissioner that measure growth. The assessment instruments
developed or adopted under this subsection, including the
assessment instruments approved by the commissioner, must, to the
extent allowed under federal law, provide a district with options
for the assessment of students under this subsection. The agency
may not adopt a performance standard that indicates that a
student's performance on the alternate assessment does not meet
standards if the lowest level of the assessment accurately
represents the student's developmental level as determined by the
student's admission, review, and dismissal committee.
SECTION 16. Section 39.023(c-1), Education Code, as
effective until on or before September 1, 2015, is amended to read
as follows:
(c-1) To the greatest extent practicable, the [The] agency
shall develop any assessment instrument required under this section
in a manner that allows for the measurement of annual improvement in
student achievement as required by Sections 39.034(c) and (d).
SECTION 17. Section 39.023(c-1), Education Code, as
effective on or before September 1, 2015, is reenacted to read as
follows:
(c-1) To the greatest extent practicable, the agency shall
develop any assessment instrument required under this section in a
manner that allows for the measurement of annual improvement in
student achievement as required by Sections 39.034(c) and (d).
SECTION 18. Section 39.023(c-1), Education Code, as
effective September 1, 2017, is amended to read as follows:
(c-1) To the greatest extent practicable, the [The] agency
shall develop any assessment instrument required under this section
in a manner that allows for the measurement of annual improvement in
student achievement as required by Sections 39.034(c) and (d).
SECTION 19. Section 39.023(c-3), Education Code, as
effective until on or before September 1, 2015, is amended to read
as follows:
(c-3) In adopting a schedule for the administration of
assessment instruments under this section, the State Board of
Education shall require:
(1) assessment instruments administered under
Subsections [Subsection] (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 20. Section 39.023(c-3), Education Code, as
effective on or before September 1, 2015, is reenacted to read as
follows:
(c-3) In adopting a schedule for the administration of
assessment instruments under this section, 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 21. Section 39.023(c-3), Education Code, as
effective September 1, 2017, is amended to read as follows:
(c-3) In adopting a schedule for the administration of
assessment instruments under this section, the State Board of
Education shall require:
(1) assessment instruments administered under
Subsections [Subsection] (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 22. Section 39.023(e), Education Code, as effective
until on or before September 1, 2015, is amended to read as follows:
(e) Under rules adopted by the State Board of Education,
every third year, the agency shall release the questions and answer
keys to each assessment instrument administered under Subsection
(a), (a-4), (a-5), (a-6), (b), (c), (d), or (l), excluding any
assessment instrument administered to a student for the purpose of
retaking the assessment instrument, after the last time the
instrument is administered for that school year. To ensure a valid
bank of questions for use each year, the agency is not required to
release a question that is being field-tested and was not used to
compute the student's score on the instrument. The agency shall
also release, under board rule, each question that is no longer
being field-tested and that was not used to compute a student's
score. During the 2014-2015 and 2015-2016 school years, the agency
shall release the questions and answer keys to assessment
instruments as described by this subsection each year.
SECTION 23. Section 39.023(e), Education Code, as effective
on or before September 1, 2015, is reenacted to read as follows:
(e) Under rules adopted by the State Board of Education,
every third year, the agency shall release the questions and answer
keys to each assessment instrument administered under Subsection
(a), (a-4), (a-5), (a-6), (b), (c), (d), or (l), excluding any
assessment instrument administered to a student for the purpose of
retaking the assessment instrument, after the last time the
instrument is administered for that school year. To ensure a valid
bank of questions for use each year, the agency is not required to
release a question that is being field-tested and was not used to
compute the student's score on the instrument. The agency shall
also release, under board rule, each question that is no longer
being field-tested and that was not used to compute a student's
score. During the 2014-2015 and 2015-2016 school years, the agency
shall release the questions and answer keys to assessment
instruments as described by this subsection each year.
SECTION 24. Section 39.023(e), Education Code, as effective
September 1, 2017, is amended to read as follows:
(e) Under rules adopted by the State Board of Education,
every third year, the agency shall release the questions and answer
keys to each assessment instrument administered under Subsection
(a), (a-4), (a-5), (a-6), (b), (c), (d), or (l), excluding any
assessment instrument administered to a student for the purpose of
retaking the assessment instrument, after the last time the
instrument is administered for that school year. To ensure a valid
bank of questions for use each year, the agency is not required to
release a question that is being field-tested and was not used to
compute the student's score on the instrument. The agency shall
also release, under board rule, each question that is no longer
being field-tested and that was not used to compute a student's
score. During the 2014-2015 and 2015-2016 school years, the agency
shall release the questions and answer keys to assessment
instruments as described by this subsection each year.
SECTION 25. Section 39.023(l), Education Code, as effective
until on or before September 1, 2015, is amended to read as follows:
(l) The State Board of Education shall adopt rules for the
administration of the assessment instruments adopted under
Subsection (a) and, to the extent applicable, the assessment
instruments adopted under Subsection (a-4) in Spanish to students
in grades three through five who are of limited English
proficiency, as defined by Section 29.052, whose primary language
is Spanish, and who are not otherwise exempt from the
administration of an assessment instrument under Section
39.027(a)(1) or (2). Each student of limited English proficiency
whose primary language is Spanish, other than a student to whom
Subsection (b) applies, may be assessed using assessment
instruments in Spanish under this subsection for up to three years
or assessment instruments in English under Subsection (a) and, as
applicable, Subsection (a-4). The language proficiency assessment
committee established under Section 29.063 shall determine which
students are administered assessment instruments in Spanish under
this subsection.
SECTION 26. Section 39.023(l), Education Code, as effective
on or before September 1, 2015, is reenacted to read as follows:
(l) The State Board of Education shall adopt rules for the
administration of the assessment instruments adopted under
Subsection (a) and, to the extent applicable, the assessment
instruments adopted under Subsection (a-4) in Spanish to students
in grades three, four, and five who are of limited English
proficiency, as defined by Section 29.052, whose primary language
is Spanish, and who are not otherwise exempt from the
administration of an assessment instrument under Section
39.027(a)(1) or (2). Each student of limited English proficiency
whose primary language is Spanish, other than a student to whom
Subsection (b) applies, may be assessed using assessment
instruments in Spanish under this subsection for up to three years
or assessment instruments in English under Subsection (a) and, as
applicable, Subsection (a-4). The language proficiency assessment
committee established under Section 29.063 shall determine which
students are administered assessment instruments in Spanish under
this subsection.
SECTION 27. Section 39.023(l), Education Code, as effective
September 1, 2017, is amended to read as follows:
(l) The State Board of Education shall adopt rules for the
administration of the assessment instruments adopted under
Subsection (a) and, to the extent applicable, the assessment
instruments adopted under Subsection (a-4) in Spanish to students
in grades three through five who are of limited English
proficiency, as defined by Section 29.052, whose primary language
is Spanish, and who are not otherwise exempt from the
administration of an assessment instrument under Section
39.027(a)(1) or (2). Each student of limited English proficiency
whose primary language is Spanish, other than a student to whom
Subsection (b) applies, may be assessed using assessment
instruments in Spanish under this subsection for up to three years
or assessment instruments in English under Subsection (a) and, as
applicable, Subsection (a-4). The language proficiency assessment
committee established under Section 29.063 shall determine which
students are administered assessment instruments in Spanish under
this subsection.
SECTION 28. Section 39.023(m), Education Code, as effective
until on or before September 1, 2015, is amended to read as follows:
(m) The commissioner by rule shall develop procedures under
which the language proficiency assessment committee established
under Section 29.063 shall determine which students are exempt from
the administration of the assessment instruments under Section
39.027(a)(1) or (2). The rules adopted under this subsection shall
ensure that the language proficiency assessment committee provides
that the exempted students are administered the assessment
instruments under Subsections (a) and (c) and, to the extent
applicable, Subsections (a-4), (a-5), and (a-6) at the earliest
practical date.
SECTION 29. Section 39.023(m), Education Code, as effective
on or before September 1, 2015, is reenacted to read as follows:
(m) The commissioner by rule shall develop procedures under
which the language proficiency assessment committee established
under Section 29.063 shall determine which students are exempt from
the administration of the assessment instruments under Section
39.027(a)(1) or (2). The rules adopted under this subsection shall
ensure that the language proficiency assessment committee provides
that the exempted students are administered the assessment
instruments under Subsections (a) and (c) and, to the extent
applicable, Subsections (a-4), (a-5), and (a-6) at the earliest
practical date.
SECTION 30. Section 39.023(m), Education Code, as effective
September 1, 2017, is amended to read as follows:
(m) The commissioner by rule shall develop procedures under
which the language proficiency assessment committee established
under Section 29.063 shall determine which students are exempt from
the administration of the assessment instruments under Section
39.027(a)(1) or (2). The rules adopted under this subsection shall
ensure that the language proficiency assessment committee provides
that the exempted students are administered the assessment
instruments under Subsections (a) and (c) and, to the extent
applicable, Subsections (a-4), (a-5), and (a-6) at the earliest
practical date.
SECTION 31. Section 39.023(n), Education Code, as effective
until on or before September 1, 2015, is amended to read as follows:
(n) This subsection applies only to a student who is
determined to have dyslexia or a related disorder and who is an
individual with a disability under 29 U.S.C. Section 705(20) and
its subsequent amendments. The agency shall adopt or develop
appropriate criterion-referenced assessment instruments designed
to assess the ability of and to be administered to each student to
whom this subsection applies for whom the assessment instruments
adopted under Subsection (a) and, to the extent applicable, the
assessment instruments adopted under Subsections (a-4), (a-5), and
(a-6), even with allowable modifications, would not provide an
appropriate measure of student achievement, as determined by the
committee established by the board of trustees of the district to
determine the placement of students with dyslexia or related
disorders. The committee shall determine whether any allowable
modification is necessary in administering to a student an
assessment instrument required under this subsection. The
assessment instruments required under this subsection shall be
administered on the same schedule as the assessment instruments
administered under Subsections [Subsection] (a), (a-4), (a-5), and
(a-6), as applicable.
SECTION 32. Section 39.023(n), Education Code, as effective
on or before September 1, 2015, is reenacted to read as follows:
(n) This subsection applies only to a student who is
determined to have dyslexia or a related disorder and who is an
individual with a disability under 29 U.S.C. Section 705(20) and
its subsequent amendments. The agency shall adopt or develop
appropriate criterion-referenced assessment instruments designed
to assess the ability of and to be administered to each student to
whom this subsection applies for whom the assessment instruments
adopted under Subsection (a) and, to the extent applicable, the
assessment instruments adopted under Subsections (a-4), (a-5), and
(a-6), even with allowable modifications, would not provide an
appropriate measure of student achievement, as determined by the
committee established by the board of trustees of the district to
determine the placement of students with dyslexia or related
disorders. The committee shall determine whether any allowable
modification is necessary in administering to a student an
assessment instrument required under this subsection. The
assessment instruments required under this subsection shall be
administered on the same schedule as the assessment instruments
administered under Subsections (a), (a-4), (a-5), and (a-6), as
applicable.
SECTION 33. Section 39.023(n), Education Code, as effective
September 1, 2017, is amended to read as follows:
(n) This subsection applies only to a student who is
determined to have dyslexia or a related disorder and who is an
individual with a disability under 29 U.S.C. Section 705(20) and
its subsequent amendments. The agency shall adopt or develop
appropriate criterion-referenced assessment instruments designed
to assess the ability of and to be administered to each student to
whom this subsection applies for whom the assessment instruments
adopted under Subsection (a) and, to the extent applicable, the
assessment instruments adopted under Subsections (a-4), (a-5), and
(a-6), even with allowable modifications, would not provide an
appropriate measure of student achievement, as determined by the
committee established by the board of trustees of the district to
determine the placement of students with dyslexia or related
disorders. The committee shall determine whether any allowable
modification is necessary in administering to a student an
assessment instrument required under this subsection. The
assessment instruments required under this subsection shall be
administered on the same schedule as the assessment instruments
administered under Subsections [Subsection] (a), (a-4), (a-5), and
(a-6), as applicable.
SECTION 34. Section 39.023(p), Education Code, as effective
until on or before September 1, 2015, is amended to read as follows:
(p) On or before September 1 of each year, the commissioner
shall make the following information available on the agency's
Internet website for each assessment instrument administered under
Subsection (a), (a-4), (a-5), (a-6), (c), or (l):
(1) the number of questions on the assessment
instrument;
(2) the number of questions that must be answered
correctly to achieve satisfactory performance as determined by the
commissioner under Section 39.0241(a);
(3) the number of questions that must be answered
correctly to achieve satisfactory performance under the college
readiness performance standard as provided by Section 39.0241; and
(4) the corresponding scale scores.
SECTION 35. Section 39.023(p), Education Code, as effective
on or before September 1, 2015, is reenacted to read as follows:
(p) On or before September 1 of each year, the commissioner
shall make the following information available on the agency's
Internet website for each assessment instrument administered under
Subsection (a), (a-4), (a-5), (a-6), (c), or (l):
(1) the number of questions on the assessment
instrument;
(2) the number of questions that must be answered
correctly to achieve satisfactory performance as determined by the
commissioner under Section 39.0241(a);
(3) the number of questions that must be answered
correctly to achieve satisfactory performance under the college
readiness performance standard as provided by Section 39.0241; and
(4) the corresponding scale scores.
SECTION 36. Section 39.023(p), Education Code, as effective
September 1, 2017, is amended to read as follows:
(p) On or before September 1 of each year, the commissioner
shall make the following information available on the agency's
Internet website for each assessment instrument administered under
Subsection (a), (a-4), (a-5), (a-6), (c), or (l):
(1) the number of questions on the assessment
instrument;
(2) the number of questions that must be answered
correctly to achieve satisfactory performance as determined by the
commissioner under Section 39.0241(a);
(3) the number of questions that must be answered
correctly to achieve satisfactory performance under the college
readiness performance standard as provided by Section 39.0241; and
(4) the corresponding scale scores.
SECTION 37. Effective August 1, 2019, Sections 39.023(a),
(a-1), (a-2), (b), (c-1), (c-3), (e), (l), (m), (n), and (p),
Education Code, are 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;
(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 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-2) Except as required by federal law, a student is not
required to be assessed in a subject otherwise assessed at the
student's grade level under Subsection (a) if the student:
(1) is enrolled in a course in the subject intended for
students above the student's grade level and will be administered
an assessment instrument adopted or developed under Subsection (a)
that aligns with the curriculum for the course in which the student
is enrolled; or
(2) is enrolled in a course in the subject for which
the student will receive high school academic credit and will be
administered an end-of-course assessment instrument adopted under
Subsection (c) for the course.
(b) The agency shall develop or adopt appropriate
criterion-referenced alternative assessment instruments to be
administered to each student in a special education program under
Subchapter A, Chapter 29, for whom an assessment instrument adopted
under Subsection (a), even with allowable accommodations, would not
provide an appropriate measure of student achievement, as
determined by the student's admission, review, and dismissal
committee, including assessment instruments approved by the
commissioner that measure growth. The assessment instruments
developed or adopted under this subsection, including the
assessment instruments approved by the commissioner, must, to the
extent allowed under federal law, provide a district with options
for the assessment of students under this subsection. The agency
may not adopt a performance standard that indicates that a
student's performance on the alternate assessment does not meet
standards if the lowest level of the assessment accurately
represents the student's developmental level as determined by the
student's admission, review, and dismissal committee.
(c-1) The agency shall develop any assessment instrument
required under this section in a manner that allows for the
measurement of annual improvement in student achievement as
required by Sections 39.034(c) and (d).
(c-3) In adopting a schedule for the administration of
assessment instruments under this section, 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.
(e) Under rules adopted by the State Board of Education,
every third year, the agency shall release the questions and answer
keys to each assessment instrument administered under Subsection
(a), (b), (c), (d), or (l), excluding any assessment instrument
administered to a student for the purpose of retaking the
assessment instrument, after the last time the instrument is
administered for that school year. To ensure a valid bank of
questions for use each year, the agency is not required to release a
question that is being field-tested and was not used to compute the
student's score on the instrument. The agency shall also release,
under board rule, each question that is no longer being
field-tested and that was not used to compute a student's score.
[During the 2014-2015 and 2015-2016 school years, the agency shall
release the questions and answer keys to assessment instruments as
described by this subsection each year.]
(l) The State Board of Education shall adopt rules for the
administration of the assessment instruments adopted under
Subsection (a) in Spanish to students in grades three through five
who are of limited English proficiency, as defined by Section
29.052, whose primary language is Spanish, and who are not
otherwise exempt from the administration of an assessment
instrument under Section 39.027(a)(1) or (2). Each student of
limited English proficiency whose primary language is Spanish,
other than a student to whom Subsection (b) applies, may be assessed
using assessment instruments in Spanish under this subsection for
up to three years or assessment instruments in English under
Subsection (a). The language proficiency assessment committee
established under Section 29.063 shall determine which students are
administered assessment instruments in Spanish under this
subsection.
(m) The commissioner by rule shall develop procedures under
which the language proficiency assessment committee established
under Section 29.063 shall determine which students are exempt from
the administration of the assessment instruments under Section
39.027(a)(1) or (2). The rules adopted under this subsection shall
ensure that the language proficiency assessment committee provides
that the exempted students are administered the assessment
instruments under Subsections (a) and (c) at the earliest practical
date.
(n) This subsection applies only to a student who is
determined to have dyslexia or a related disorder and who is an
individual with a disability under 29 U.S.C. Section 705(20) and
its subsequent amendments. The agency shall adopt or develop
appropriate criterion-referenced assessment instruments designed
to assess the ability of and to be administered to each student to
whom this subsection applies for whom the assessment instruments
adopted under Subsection (a), even with allowable modifications,
would not provide an appropriate measure of student achievement, as
determined by the committee established by the board of trustees of
the district to determine the placement of students with dyslexia
or related disorders. The committee shall determine whether any
allowable modification is necessary in administering to a student
an assessment instrument required under this subsection. The
assessment instruments required under this subsection shall be
administered on the same schedule as the assessment instruments
administered under Subsection (a).
(p) On or before September 1 of each year, the commissioner
shall make the following information available on the agency's
Internet website for each assessment instrument administered under
Subsection (a), (c), or (l):
(1) the number of questions on the assessment
instrument;
(2) the number of questions that must be answered
correctly to achieve satisfactory performance as determined by the
commissioner under Section 39.0241(a);
(3) the number of questions that must be answered
correctly to achieve satisfactory performance under the college
readiness performance standard as provided by Section 39.0241; and
(4) the corresponding scale scores.
SECTION 38. (a) Except as otherwise provided by this Act,
this Act takes effect on any date not later than August 1, 2017, on
which the commissioner of education:
(1) obtains any necessary waiver from the application
of federal law or regulation conflicting with Section 39.023,
Education Code, as amended by this Act, as required by Section
39.023(a-9), Education Code, as reenacted by this Act; or
(2) receives written notification from the United
States Department of Education that a waiver is not required.
(b) This Act applies beginning with the first school year
that begins after the date on which this Act takes effect under
Subsection (a) of this section.
(c) If the commissioner of education obtains any necessary
waiver or receives written notification as described by Subsection
(a) of this section, the commissioner shall certify that the
commissioner has obtained the waiver or received notification that
a waiver is not required, as applicable, and shall publish notice of
that fact in the Texas Register as soon as practicable after
obtaining the waiver or receiving notification.