By: Huberty, et al. (Senate Sponsor - Seliger) H.B. No. 743
(In the Senate - Received from the House May 5, 2015;
May 6, 2015, read first time and referred to Committee on
Education; May 22, 2015, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 2;
May 22, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 743 By: Seliger
A BILL TO BE ENTITLED
AN ACT
relating to the essential knowledge and skills of the required
public school curriculum and to certain assessment instruments for
public school students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.023, Education Code, is amended by
adding Subsections (a-11), (a-12), and (a-13) to read as follows:
(a-11) Before an assessment instrument adopted or developed
under Subsection (a) may be administered under that subsection, the
assessment instrument must, on the basis of empirical evidence, be
determined to be valid and reliable by an entity that is independent
of the agency and of any other entity that developed the assessment
instrument.
(a-12) An assessment instrument adopted or developed under
Subsection (a) must be designed so that:
(1) if administered to students in grades three
through five, 85 percent of students will be able to complete the
assessment instrument within 120 minutes; and
(2) if administered to students in grades six through
eight, 85 percent of students will be able to complete the
assessment instrument within 180 minutes.
(a-13) The amount of time allowed for administration of an
assessment instrument adopted or developed under Subsection (a) may
not exceed eight hours, and the administration may occur on only one
day.
SECTION 2. Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.0236 to read as follows:
Sec. 39.0236. STUDY OF ESSENTIAL KNOWLEDGE AND SKILLS AND
ASSESSMENT INSTRUMENTS. (a) The agency shall conduct a study
regarding the essential knowledge and skills of the required
curriculum identified by the State Board of Education under Section
28.002 and assessment instruments administered under Section
39.023.
(b) The study must evaluate:
(1) the number and scope of the essential knowledge
and skills of each subject of the required curriculum under Section
28.002, with each essential knowledge or skill identified as a
readiness or supporting standard, and whether the number or scope
should be limited;
(2) the number and subjects of assessment instruments
under Section 39.023 that are required to be administered to
students in grades three through eight; and
(3) how assessment instruments described by
Subdivision (2) assess standards essential for student success and
whether the assessment instruments should also assess supporting
standards, including analysis of:
(A) the portion of the essential knowledge and
skills capable of being accurately assessed;
(B) the appropriate skills that can be assessed
within the testing parameters under current law; and
(C) how current standards compare to those
parameters.
(c) Not later than March 1, 2016, the agency shall prepare
and submit to the State Board of Education a report concerning the
results of the study under Subsection (b). Not later than May 1,
2016, the State Board of Education shall review the study and shall
submit to the governor and each member of the legislature the
agency's report and board recommendations regarding each issue
evaluated under Subsection (b).
(d) This section expires June 1, 2017.
SECTION 3. Sections 39.0261(b) and (c), Education Code, are
amended to read as follows:
(b) The agency shall:
(1) select and approve vendors of the specific
assessment instruments administered under this section; and
(2) provide reimbursement to a school district
for [pay] all fees associated with the administration of the
assessment instrument from funds appropriated for that purpose
[allotted under the Foundation School Program, and the commissioner
shall reduce the total amount of state funds allocated to each
district from any source in the same manner described for a
reduction in allotments under Section 42.253].
(c) The agency shall ensure that a school district is not
reimbursed [vendors are not paid] under Subsection (b) for the
administration of an assessment instrument to a student to whom the
assessment instrument is not actually administered. The agency may
comply with this subsection by any reasonable means, including by
creating a refund system under which a school district [vendor]
returns any payment made for a student who registered for the
administration of an assessment instrument but did not appear for
the administration.
SECTION 4. Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.0381 to read as follows:
Sec. 39.0381. AUDITING AND MONITORING PERFORMANCE UNDER
CONTRACTS FOR ASSESSMENT INSTRUMENTS. (a) The agency by rule shall
develop a comprehensive methodology for auditing and monitoring
performance under contracts for services to develop or administer
assessment instruments required by Section 39.023 to verify
compliance with contractual obligations.
(b) The agency shall ensure that all new and renewed
contracts described by Subsection (a) include a provision that the
agency or a designee of the agency may conduct periodic contract
compliance reviews, without advance notice, to monitor vendor
performance.
(c) The agency shall adopt rules to administer this section.
SECTION 5. This Act applies beginning with the 2015-2016
school year.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.
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