Texas 2019 - 86th Regular

Texas House Bill HB4591 Compare Versions

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11 By: Herrero H.B. No. 4591
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44 A BILL TO BE ENTITLED
55 AN ACT
66 relating to eliminating state-required assessment instruments and
77 certain end-of-course assessment instruments.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Section 39.023, Education Code, is amended by
1010 amending Subsections (c) and (c-2), repealing Subsections (a) and
1111 (c-3) and adding Subsection (q) to read as follows:
1212 [(a) The agency shall adopt or develop appropriate
1313 criterion-referenced assessment instruments designed to assess
1414 essential knowledge and skills in reading, writing, mathematics,
1515 social studies, and science. Except as provided by Subsection
1616 (a-2), all students, other than students assessed under Subsection
1717 (b) or (l) or exempted under Section 39.027, shall be assessed in:
1818 (1) mathematics, annually in grades three through
1919 seven without the aid of technology and in grade eight with the aid
2020 of technology on any assessment instrument that includes algebra;
2121 (2) reading, annually in grades three through eight;
2222 (3) [writing, including spelling and grammar, in
2323 grades four and seven;
2424 [(4) social studies, in grade eight;
2525 [(5)] science, in grades five and eight; and
2626 [(6)] any other subject and grade required by federal
2727 law.]
2828 (c) The agency shall also adopt end-of-course assessment
2929 instruments for secondary-level courses in Algebra I, biology,
3030 English I, English II, and United States history. The Algebra I
3131 end-of-course assessment instrument must be administered with the
3232 aid of technology. The English I and English II end-of-course
3333 assessment instruments must each assess essential knowledge and
3434 skills in both reading and writing in the same assessment
3535 instrument and must provide a single score]. A school district is
3636 not required to [shall] comply with State Board of Education rules
3737 regarding administration of the assessment instruments adopted
3838 under [listed in] this subsection. If a student is in a special
3939 education program under Subchapter A, Chapter 29, the student's
4040 admission, review, and dismissal committee shall determine whether
4141 any allowable modification is necessary in administering to the
4242 student an assessment instrument required under this subsection.
4343 The State Board of Education shall administer the assessment
4444 instruments. The State Board of Education shall adopt a schedule
4545 for the administration of end-of-course assessment instruments
4646 that complies with the requirements of Subsection (c-3).
4747 (c-2) The agency may not adopt end-of-course assessment
4848 instruments for courses for which end-of-course assessment
4949 instruments are not adopted under [not listed in] Subsection (c). A
5050 student's performance on an end-of-course assessment instrument
5151 adopted under this subsection is not subject to the performance
5252 requirements established under Subsection (c) or Section 39.025.
5353 [(c-3) In adopting a schedule for the administration of
5454 assessment instruments under this section, the State Board of
5555 Education shall require:
5656 (1) assessment instruments administered under
5757 Subsection (a) to be administered on a schedule so that the first
5858 assessment instrument is administered at least two weeks later than
5959 the date on which the first assessment instrument was administered
6060 under Subsection (a) during the 2006-2007 school year; and
6161 (2) the spring administration of end-of-course
6262 assessment instruments under Subsection (c) to occur in each school
6363 district not earlier than the first full week in May, except that
6464 the spring administration of the end-of-course assessment
6565 instruments in English I and English II must be permitted to occur
6666 at an earlier date.]
6767 (q) Notwithstanding any provision of this section or other
6868 law, Texas is not required to comply with the Every Student Succeeds
6969 Act (20 U.S.C. Section 6301 et seq.).
7070 SECTION 2. Section 39.025(a-1), Education Code, is amended
7171 to read as follows:
7272 (a-1) A student enrolled in a college preparatory
7373 mathematics or English language arts course under Section 28.014
7474 who satisfies the Texas Success Initiative (TSI) college readiness
7575 benchmarks prescribed by the Texas Higher Education Coordinating
7676 Board under Section 51.334 on an assessment instrument designated
7777 by the coordinating board under that section administered at the
7878 end of the college preparatory mathematics or English language arts
7979 course satisfies the requirements concerning and is exempt from the
8080 administration of the [Algebra I or the English I and English II]
8181 end-of-course assessment instruments, as applicable, [as
8282 prescribed by Section 39.023(c),] even if the student did not
8383 perform satisfactorily on a previous administration of the
8484 applicable end-of-course assessment instrument. A student who
8585 fails to perform satisfactorily on the assessment instrument
8686 designated by the coordinating board under Section 51.334
8787 administered as provided by this subsection may retake that
8888 assessment instrument for purposes of this subsection or may take
8989 the appropriate end-of-course assessment instrument.
9090 SECTION 3. Section 39.203(c), Education Code, is amended to
9191 read as follows:
9292 (c) In addition to the distinction designations described
9393 by Subsections (a) and (b), a campus that satisfies the criteria
9494 developed under Section 39.204 shall be awarded a distinction
9595 designation by the commissioner for outstanding performance in
9696 academic achievement in reading [English language arts],
9797 mathematics, or science[, or social studies].
9898 SECTION 4. This Act applies beginning with the 2019-2020
9999 school year.
100100 SECTION 5. This Act takes effect immediately if it receives
101101 a vote of two-thirds of all the members elected to each house, as
102102 provided by Section 39, Article III, Texas Constitution. If this
103103 Act does not receive the vote necessary for immediate effect, this
104104 Act takes effect September 1, 2019.