H.B. No. 3261
AN ACT
relating to the electronic administration of certain required
assessment instruments, measures to support Internet connectivity
for purposes of those assessment instruments, the adoption and
administration of certain optional interim assessment instruments,
the review and use of the instructional materials and technology
allotment, and requests for production of instructional materials.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.0211, Education Code, is amended by
amending Subsections (c) and (d) and adding Subsection (d-1) to
read as follows:
(c) Funds [Subject to Subsection (d), funds] allotted under
this section may be used to:
(1) purchase:
(A) materials on the list adopted by the
commissioner, as provided by Section 31.0231;
(B) instructional materials, regardless of
whether the instructional materials are on the list adopted under
Section 31.024;
(C) consumable instructional materials,
including workbooks;
(D) instructional materials for use in bilingual
education classes, as provided by Section 31.029;
(E) instructional materials for use in college
preparatory courses under Section 28.014, as provided by Section
31.031;
(F) supplemental instructional materials, as
provided by Section 31.035;
(G) state-developed open education resource
instructional materials, as provided by Subchapter B-1;
(H) instructional materials and technological
equipment under any continuing contracts of the district in effect
on September 1, 2011;
(I) technological equipment necessary to support
the use of materials included on the list adopted by the
commissioner under Section 31.0231 or any instructional materials
purchased with an allotment under this section; [and]
(J) inventory software or systems for storing,
managing, and accessing instructional materials and analyzing the
usage and effectiveness of the instructional materials; and
(K) services, equipment, and technology
infrastructure necessary to ensure Internet connectivity and
adequate bandwidth; and
(2) pay:
(A) for training educational personnel directly
involved in student learning in the appropriate use of
instructional materials and for providing for access to
technological equipment for instructional use; [and]
(B) for training personnel in the electronic
administration of assessment instruments; and
(C) the salary and other expenses of an employee
who provides technical support for the use of technological
equipment directly involved in student learning.
(d) Each biennium the commissioner shall assess the
technology needs for all school districts and provide an estimate
of the cost for these resources to the State Board of Education [a
school district shall use the district's allotment under this
section to purchase, in the following order:
[(1) instructional materials necessary to permit the
district to certify that the district has instructional materials
that cover all elements of the essential knowledge and skills of the
required curriculum, other than physical education, for each grade
level as required by Section 28.002; and
[(2) any other instructional materials or
technological equipment as determined by the district].
(d-1) In purchasing technological equipment, a school
district shall:
(1) secure technological solutions that meet the
varying and unique needs of students and teachers in the district;
and
(2) consider:
(A) the long-term cost of ownership; and
(B) flexibility for innovation.
SECTION 2. Section 31.022, Education Code, is amended by
amending Subsection (g) and adding Subsection (i) to read as
follows:
(g) In determining the disbursement of money to the
available school fund and the amount of that disbursement that will
be used, in accordance with Section 43.001(d), to fund the
instructional materials and technology allotment under Section
31.0211, the board must consider the cost of all district
technology requirements, as estimated by the commissioner under
Section 31.0211(d), and instructional materials for that state
fiscal biennium. [In reviewing and adopting instructional
materials, the board shall consider a school district's need for
technology as well as instructional materials and in any biennium
may limit the adoption of instructional materials to provide
sufficient resources to purchase technology resources, including
digital curriculum.]
(i) During any state fiscal biennium beginning on or after
September 1, 2023, the total projected cost of instructional
materials under requests for production issued by the board may not
exceed 75 percent of the total amount used to fund the instructional
materials and technology allotment under Section 31.0211 for that
biennium.
SECTION 3. Subchapter B, Chapter 32, Education Code, is
amended by adding Section 32.037 to read as follows:
Sec. 32.037. GRANT PROGRAM FOR TRANSITION TO ELECTRONIC
ADMINISTRATION OF ASSESSMENT INSTRUMENTS. (a) The commissioner
may establish a matching grant program to ensure that all school
districts and open-enrollment charter schools have the necessary
infrastructure to administer assessment instruments electronically
in accordance with the transition plan developed under Section
39.02341.
(b) In establishing the grant program, the commissioner
may:
(1) set eligibility criteria to receive a matching
grant under the program; and
(2) contract with developers of technology as
necessary to ensure the most efficient and cost-effective
implementation of Internet connectivity infrastructure for
electronic administration of assessment instruments.
(c) In awarding grants under the grant program, the
commissioner:
(1) shall prioritize applicants seeking funding for
one-time investments in broadband network infrastructure; and
(2) if funds are available after grants are awarded to
each eligible applicant described by Subdivision (1), may award
grants to applicants seeking funding for annual bandwidth and
personnel costs associated with electronic administration of
assessment instruments.
(d) This section expires September 1, 2025.
SECTION 4. Sections 39.023(c-3), (c-8), and (o), Education
Code, are amended to read as follows:
(c-3) Except as provided by Subsection (c-7) or as otherwise
provided by this subsection, in adopting a schedule for the
administration of assessment instruments under this section, the
State Board of Education shall ensure that assessment instruments
administered under Subsection (a) or (c) are not administered on
the first instructional day of a week. On request by a school
district or open-enrollment charter school, the commissioner may
allow the district or school to administer an assessment instrument
required under Subsection (a) or (c) on the first instructional day
of a week if administering the assessment instrument on another
instructional day would result in a significant administrative
burden due to specific local conditions.
(c-8) Beginning with the 2022-2023 school year, not more
than 75 percent of the available points on an assessment instrument
developed under Subsection (a) or (c) may be attributable to [not
present more than 75 percent of the] questions presented in a
multiple choice format.
(o) The agency shall adopt or develop optional interim
assessment instruments for each subject or course for each grade
level subject to assessment under this section. A school district
or open-enrollment charter school may not be required to administer
interim assessment instruments adopted or developed under this
subsection. An interim assessment instrument:
(1) must be:
(A) when possible, predictive of the assessment
instrument for the applicable subject or course for that grade
level required under this section; and
(B) administered electronically; and
(2) may not be used for accountability purposes.
SECTION 5. Section 39.0234, Education Code, is amended to
read as follows:
Sec. 39.0234. ELECTRONIC ADMINISTRATION OF ASSESSMENT
INSTRUMENTS. (a) Each [The agency shall ensure that] assessment
instrument [instruments] required under Section 39.023(a), (c), or
(l) must be [39.023 are capable of being] administered
electronically, unless otherwise provided by commissioner rule.
(b) The agency may recommend, but may not require, that a
school district make external keyboards available for student use
with tablet devices for the electronic administration of an
assessment instrument, including any portion of an assessment
instrument that contains constructed response or essay items.
SECTION 6. Sections 39.02341(a) and (b), Education Code,
are amended to read as follows:
(a) The agency, in consultation with the State Board of
Education, shall develop a transition plan to administer all
assessment instruments required under Sections 39.023(a), (c), and
(l) [Section 39.023] electronically beginning not later than the
2022-2023 school year. The plan must:
(1) evaluate the availability of Internet access for
each school district in this state;
(2) identify changes to state law or policy necessary
to improve the availability of Internet access described by
Subdivision (1);
(3) evaluate the state's experience with administering
online assessment instruments, including the occurrence or effects
of power outages or other types of disruptions of Internet service,
and actions taken by the state to mitigate the occurrence and effect
of those disruptions; and
(4) identify and evaluate actions taken by the state
to improve the administration of online assessment instruments.
(b) The agency shall implement the transition plan
beginning on September 1, 2021. [In order to ensure legislative
approval of the transition plan, this subsection expires August 31,
2021.]
SECTION 7. (a) Except as provided by Subsection (b) of this
section, this Act applies beginning with the 2021-2022 school year.
(b) Section 39.0234, Education Code, as amended by this Act,
applies beginning with the 2022-2023 school year.
SECTION 8. 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, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3261 was passed by the House on May 8,
2021, by the following vote: Yeas 136, Nays 4, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3261 on May 28, 2021, by the following vote: Yeas 143, Nays 2,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3261 was passed by the Senate, with
amendments, on May 22, 2021, by the following vote: Yeas 29, Nays
1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor