Texas 2019 - 86th Regular

Texas House Bill HB3328 Compare Versions

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11 86R2488 GCB-D
22 By: Herrero H.B. No. 3328
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to eliminating certain state-required assessment
88 instruments and certain end-of-course assessment instruments not
99 required by federal law.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Section 39.023, Education Code, is amended by
1212 amending Subsections (a), (c), (c-2), and (c-3) and adding
1313 Subsection (q) to read as follows:
1414 (a) The agency shall adopt or develop appropriate
1515 criterion-referenced assessment instruments designed to assess
1616 essential knowledge and skills in reading, [writing,] mathematics,
1717 [social studies,] and science. Except as provided by Subsection
1818 (a-2), all students, other than students assessed under Subsection
1919 (b) or (l) or exempted under Section 39.027, shall be assessed in:
2020 (1) mathematics, annually in grades three through
2121 seven without the aid of technology and in grade eight with the aid
2222 of technology on any assessment instrument that includes algebra;
2323 (2) reading, annually in grades three through eight;
2424 (3) [writing, including spelling and grammar, in
2525 grades four and seven;
2626 [(4) social studies, in grade eight;
2727 [(5)] science, in grades five and eight; and
2828 (4) [(6)] any other subject and grade required by
2929 federal law.
3030 (c) The agency shall also adopt end-of-course assessment
3131 instruments for secondary-level courses in reading, mathematics,
3232 and science only as necessary to comply with the Every Student
3333 Succeeds Act (20 U.S.C. Section 6301 et seq.) to be administered
3434 only as necessary to meet the minimum requirements of that Act
3535 [Algebra I, biology, English I, English II, and United States
3636 history. The Algebra I end-of-course assessment instrument must be
3737 administered with the aid of technology. The English I and English
3838 II end-of-course assessment instruments must each assess essential
3939 knowledge and skills in both reading and writing in the same
4040 assessment instrument and must provide a single score]. A school
4141 district shall comply with State Board of Education rules regarding
4242 administration of the assessment instruments adopted under [listed
4343 in] this subsection. If a student is in a special education program
4444 under Subchapter A, Chapter 29, the student's admission, review,
4545 and dismissal committee shall determine whether any allowable
4646 modification is necessary in administering to the student an
4747 assessment instrument required under this subsection. The State
4848 Board of Education shall administer the assessment instruments.
4949 The State Board of Education shall adopt a schedule for the
5050 administration of end-of-course assessment instruments that
5151 complies with the requirements of Subsection (c-3).
5252 (c-2) The agency may adopt end-of-course assessment
5353 instruments for courses for which end-of-course assessment
5454 instruments are not adopted under [not listed in] Subsection
5555 (c). A student's performance on an end-of-course assessment
5656 instrument adopted under this subsection is not subject to the
5757 performance requirements established under Subsection (c) or
5858 Section 39.025.
5959 (c-3) In adopting a schedule for the administration of
6060 assessment instruments under this section, the State Board of
6161 Education shall require:
6262 (1) assessment instruments administered under
6363 Subsection (a) to be administered on a schedule so that the first
6464 assessment instrument is administered at least two weeks later than
6565 the date on which the first assessment instrument was administered
6666 under Subsection (a) during the 2006-2007 school year; and
6767 (2) the spring administration of end-of-course
6868 assessment instruments under Subsection (c) to occur in each school
6969 district not earlier than the first full week in May, except that
7070 the spring administration of an [the] end-of-course assessment
7171 instrument [instruments] in reading [English I and English II] must
7272 be permitted to occur at an earlier date.
7373 (q) Notwithstanding any provision of this section or other
7474 law, if changes made to the Every Student Succeeds Act (20 U.S.C.
7575 Section 6301 et seq.) reduce the number or frequency of assessment
7676 instruments required to be administered to students, the State
7777 Board of Education shall adopt rules reducing the number or
7878 frequency of assessment instruments administered to students under
7979 state law, and the commissioner shall ensure that students are not
8080 assessed in subject areas or in grades that are no longer required
8181 to meet the minimum requirements of that Act.
8282 SECTION 2. Section 39.025(a-1), Education Code, is amended
8383 to read as follows:
8484 (a-1) A student enrolled in a college preparatory
8585 mathematics or English language arts course under Section 28.014
8686 who satisfies the Texas Success Initiative (TSI) college readiness
8787 benchmarks prescribed by the Texas Higher Education Coordinating
8888 Board under Section 51.334 on an assessment instrument designated
8989 by the coordinating board under that section administered at the
9090 end of the college preparatory mathematics or English language arts
9191 course satisfies the requirements concerning and is exempt from the
9292 administration of the mathematics or reading [Algebra I or the
9393 English I and English II] end-of-course assessment instrument
9494 adopted under Section 39.023(c) [instruments], as applicable, [as
9595 prescribed by Section 39.023(c),] even if the student did not
9696 perform satisfactorily on a previous administration of the
9797 applicable end-of-course assessment instrument. A student who
9898 fails to perform satisfactorily on the assessment instrument
9999 designated by the coordinating board under Section 51.334
100100 administered as provided by this subsection may retake that
101101 assessment instrument for purposes of this subsection or may take
102102 the appropriate end-of-course assessment instrument.
103103 SECTION 3. Section 39.203(c), Education Code, is amended to
104104 read as follows:
105105 (c) In addition to the distinction designations described
106106 by Subsections (a) and (b), a campus that satisfies the criteria
107107 developed under Section 39.204 shall be awarded a distinction
108108 designation by the commissioner for outstanding performance in
109109 academic achievement in reading [English language arts],
110110 mathematics, or science[, or social studies].
111111 SECTION 4. This Act applies beginning with the 2019-2020
112112 school year.
113113 SECTION 5. This Act takes effect immediately if it receives
114114 a vote of two-thirds of all the members elected to each house, as
115115 provided by Section 39, Article III, Texas Constitution. If this
116116 Act does not receive the vote necessary for immediate effect, this
117117 Act takes effect September 1, 2019.