Texas 2021 - 87th Regular

Texas House Bill HB3210 Compare Versions

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

Old	New	Differences
1	1	87R9135 GCB-D
2	2	By: Herrero H.B. No. 3210
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to eliminating certain state-required assessment
8	8	instruments and certain end-of-course assessment instruments not
9	9	required by federal law.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 39.023(a), Education Code, as effective
12	12	until September 1, 2021, is amended to read as follows:
13	13	(a) The agency shall adopt or develop appropriate
14	14	criterion-referenced assessment instruments designed to assess
15	15	essential knowledge and skills in reading, [writing,] mathematics,
16	16	[social studies,] and science. Except as provided by Subsection
17	17	(a-2), all students, other than students assessed under Subsection
18	18	(b) or (l) or exempted under Section 39.027, shall be assessed in:
19	19	(1) mathematics, annually in grades three through
20	20	eight;
21	21	(2) reading, annually in grades three through eight;
22	22	(3) [writing, including spelling and grammar, in
23	23	grades four and seven;
24	24	[(4) social studies, in grade eight;
25	25	[(5)] science, in grades five and eight; and
26	26	(4) [(6)] any other subject and grade required by
27	27	federal law.
28	28	SECTION 2. Section 39.023(a), Education Code, as effective
29	29	September 1, 2021, is amended to read as follows:
30	30	(a) The agency shall adopt or develop appropriate
31	31	criterion-referenced assessment instruments designed to assess
32	32	essential knowledge and skills in reading, mathematics, [social
33	33	studies,] and science. Except as provided by Subsection (a-2), all
34	34	students, other than students assessed under Subsection (b) or (l)
35	35	or exempted under Section 39.027, shall be assessed in:
36	36	(1) mathematics, annually in grades three through
37	37	eight;
38	38	(2) reading, annually in grades three through eight;
39	39	(3) [social studies, in grade eight;
40	40	[(4)] science, in grades five and eight; and
41	41	(4) [(5)] any other subject and grade required by
42	42	federal law.
43	43	SECTION 3. Section 39.023, Education Code, is amended by
44	44	amending Subsections (c), (c-2), and (c-3) and adding Subsection
45	45	(q) to read as follows:
46	46	(c) The agency shall also adopt end-of-course assessment
47	47	instruments for secondary-level courses in reading, mathematics,
48	48	and science only as necessary to comply with the Every Student
49	49	Succeeds Act (20 U.S.C. Section 6301 et seq.) to be administered
50	50	only as necessary to meet the minimum requirements of that Act
51	51	[Algebra I, biology, English I, English II, and United States
52	52	history. The Algebra I end-of-course assessment instrument must
53	53	be administered with the aid of technology, but may include one or
54	54	more parts that prohibit the use of technology. The English I and
55	55	English II end-of-course assessment instruments must each assess
56	56	essential knowledge and skills in both reading and writing and must
57	57	provide a single score]. A school district shall comply with State
58	58	Board of Education rules regarding administration of the assessment
59	59	instruments adopted under [listed in] this subsection. If a
60	60	student is in a special education program under Subchapter A,
61	61	Chapter 29, the student's admission, review, and dismissal
62	62	committee shall determine whether any allowable modification is
63	63	necessary in administering to the student an assessment instrument
64	64	required under this subsection. The State Board of Education shall
65	65	administer the assessment instruments. An end-of-course
66	66	assessment instrument may be administered in multiple parts over
67	67	more than one day. The State Board of Education shall adopt a
68	68	schedule for the administration of end-of-course assessment
69	69	instruments that complies with the requirements of Subsection
70	70	(c-3).
71	71	(c-2) The agency may adopt end-of-course assessment
72	72	instruments for courses for which end-of-course assessment
73	73	instruments are not adopted under [not listed in] Subsection
74	74	(c). A student's performance on an end-of-course assessment
75	75	instrument adopted under this subsection is not subject to the
76	76	performance requirements established under Subsection (c) or
77	77	Section 39.025.
78	78	(c-3) In [Except as provided by Subsection (c-7), in]
79	79	adopting a schedule for the administration of assessment
80	80	instruments under this section, the State Board of Education shall
81	81	ensure that assessment instruments administered under Subsection
82	82	(a) or (c) are not administered on the first instructional day of a
83	83	week.
84	84	(q) Notwithstanding any provision of this section or other
85	85	law, if changes made to the Every Student Succeeds Act (20 U.S.C.
86	86	Section 6301 et seq.) reduce the number or frequency of assessment
87	87	instruments required to be administered to students, the State
88	88	Board of Education shall adopt rules reducing the number or
89	89	frequency of assessment instruments administered to students under
90	90	state law, and the commissioner shall ensure that students are not
91	91	assessed in subject areas or in grades that are no longer required
92	92	to meet the minimum requirements of that Act.
93	93	SECTION 4. Section 39.025(a-1), Education Code, is amended
94	94	to read as follows:
95	95	(a-1) A student enrolled in a college preparatory
96	96	mathematics or English language arts course under Section 28.014
97	97	who satisfies the Texas Success Initiative (TSI) college readiness
98	98	benchmarks prescribed by the Texas Higher Education Coordinating
99	99	Board under Section 51.334 on an assessment instrument designated
100	100	by the coordinating board under that section administered at the
101	101	end of the college preparatory mathematics or English language arts
102	102	course satisfies the requirements concerning and is exempt from the
103	103	administration of the mathematics or reading [Algebra I or the
104	104	English I and English II] end-of-course assessment instrument
105	105	[instruments], as applicable, [as prescribed by Section
106	106	39.023(c),] even if the student did not perform satisfactorily on a
107	107	previous administration of the applicable end-of-course assessment
108	108	instrument. A student who fails to perform satisfactorily on the
109	109	assessment instrument designated by the coordinating board under
110	110	Section 51.334 administered as provided by this subsection may
111	111	retake that assessment instrument for purposes of this subsection
112	112	or may take the appropriate end-of-course assessment instrument.
113	113	SECTION 5. Section 39.203(c), Education Code, is amended to
114	114	read as follows:
115	115	(c) In addition to the distinction designations described
116	116	by Subsections (a) and (b), a campus that satisfies the criteria
117	117	developed under Section 39.204 shall be awarded a distinction
118	118	designation by the commissioner for outstanding performance in
119	119	academic achievement in reading [English language arts],
120	120	mathematics, or science[, or social studies].
121	121	SECTION 6. Section 39.023(c-7), as added by Chapter 1282
122	122	(H.B. 1244), Acts of the 86th Legislature, Regular Session, 2019,
123	123	is repealed.
124	124	SECTION 7. To the extent of any conflict, this Act prevails
125	125	over another Act of the 87th Legislature, Regular Session, 2021,
126	126	relating to nonsubstantive additions to and corrections in enacted
127	127	codes.
128	128	SECTION 8. This Act applies beginning with the 2021-2022
129	129	school year.
130	130	SECTION 9. This Act takes effect immediately if it receives
131	131	a vote of two-thirds of all the members elected to each house, as
132	132	provided by Section 39, Article III, Texas Constitution. If this
133	133	Act does not receive the vote necessary for immediate effect, this
134	134	Act takes effect September 1, 2021.