Texas 2021 - 87th Regular

Texas House Bill HB3261 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3261
	1	+	By: Huberty (Senate Sponsor - Taylor) H.B. No. 3261
	2	+	(In the Senate - Received from the House May 10, 2021;
	3	+	May 14, 2021, read first time and referred to Committee on
	4	+	Education; May 20, 2021, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 11, Nays 0;
	6	+	May 20, 2021, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 3261 By: Taylor
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the electronic administration of certain required
6	14		assessment instruments, measures to support Internet connectivity
7	15		for purposes of those assessment instruments, the adoption and
8	16		administration of certain optional interim assessment instruments,
9	17		the review and use of the instructional materials and technology
10	18		allotment, and requests for production of instructional materials.
11	19		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	20		SECTION 1. Section 31.0211, Education Code, is amended by
13	21		amending Subsections (c) and (d) and adding Subsection (d-1) to
14	22		read as follows:
15	23		(c) Funds [Subject to Subsection (d), funds] allotted under
16	24		this section may be used to:
17	25		(1) purchase:
18	26		(A) materials on the list adopted by the
19	27		commissioner, as provided by Section 31.0231;
20	28		(B) instructional materials, regardless of
21	29		whether the instructional materials are on the list adopted under
22	30		Section 31.024;
23	31		(C) consumable instructional materials,
24	32		including workbooks;
25	33		(D) instructional materials for use in bilingual
26	34		education classes, as provided by Section 31.029;
27	35		(E) instructional materials for use in college
28	36		preparatory courses under Section 28.014, as provided by Section
29	37		31.031;
30	38		(F) supplemental instructional materials, as
31	39		provided by Section 31.035;
32	40		(G) state-developed open education resource
33	41		instructional materials, as provided by Subchapter B-1;
34	42		(H) instructional materials and technological
35	43		equipment under any continuing contracts of the district in effect
36	44		on September 1, 2011;
37	45		(I) technological equipment necessary to support
38	46		the use of materials included on the list adopted by the
39	47		commissioner under Section 31.0231 or any instructional materials
40	48		purchased with an allotment under this section; [and]
41	49		(J) inventory software or systems for storing,
42	50		managing, and accessing instructional materials and analyzing the
43	51		usage and effectiveness of the instructional materials; and
44	52		(K) services, equipment, and technology
45	53		infrastructure necessary to ensure Internet connectivity and
46	54		adequate bandwidth; and
47	55		(2) pay:
48	56		(A) for training educational personnel directly
49	57		involved in student learning in the appropriate use of
50	58		instructional materials and for providing for access to
51	59		technological equipment for instructional use; [and]
52	60		(B) for training personnel in the electronic
53	61		administration of assessment instruments; and
54	62		(C) the salary and other expenses of an employee
55	63		who provides technical support for the use of technological
56	64		equipment directly involved in student learning.
57	65		(d) Each biennium the commissioner shall assess the
58	66		technology needs for all school districts and provide an estimate
59	67		of the cost for these resources to the State Board of Education [a
60	68		school district shall use the district's allotment under this
61	69		section to purchase, in the following order:
62	70		[(1) instructional materials necessary to permit the
63	71		district to certify that the district has instructional materials
64	72		that cover all elements of the essential knowledge and skills of the
65	73		required curriculum, other than physical education, for each grade
66	74		level as required by Section 28.002; and
67	75		[(2) any other instructional materials or
68	76		technological equipment as determined by the district].
69	77		(d-1) In purchasing technological equipment, a school
70	78		district shall:
71	79		(1) secure technological solutions that meet the
72	80		varying and unique needs of students and teachers in the district;
73	81		and
74	82		(2) consider:
75	83		(A) the long-term cost of ownership; and
76	84		(B) flexibility for innovation.
77	85		SECTION 2. Section 31.022, Education Code, is amended by
78	86		amending Subsection (g) and adding Subsection (i) to read as
79	87		follows:
80	88		(g) In determining the disbursement of money to the
81	89		available school fund and the amount of that disbursement that will
82	90		be used, in accordance with Section 43.001(d), to fund the
83	91		instructional materials and technology allotment under Section
84	92		31.0211, the board must consider the cost of all district
85	93		technology requirements, as estimated by the commissioner under
86	94		Section 31.0211(d), and instructional materials for that state
87	95		fiscal biennium. [In reviewing and adopting instructional
88	96		materials, the board shall consider a school district's need for
89	97		technology as well as instructional materials and in any biennium
90	98		may limit the adoption of instructional materials to provide
91	99		sufficient resources to purchase technology resources, including
92	100		digital curriculum.]
93		-	(i) During any state fiscal biennium beginning on or after
94		-	September 1, 2023, the total projected cost of instructional
95		-	materials under requests for production issued by the board may not
96		-	exceed 75 percent of the total amount used to fund the instructional
97		-	materials and technology allotment under Section 31.0211 for that
98		-	biennium.
	101	+	(i) For any state fiscal biennium, the total projected cost
	102	+	of instructional materials under requests for production issued by
	103	+	the board may not exceed 75 percent of the total amount used to fund
	104	+	the instructional materials and technology allotment under Section
	105	+	31.0211 for that biennium.
99	106		SECTION 3. Subchapter B, Chapter 32, Education Code, is
100	107		amended by adding Section 32.037 to read as follows:
101	108		Sec. 32.037. GRANT PROGRAM FOR TRANSITION TO ELECTRONIC
102	109		ADMINISTRATION OF ASSESSMENT INSTRUMENTS. (a) The commissioner
103	110		may establish a matching grant program to ensure that all school
104	111		districts and open-enrollment charter schools have the necessary
105	112		infrastructure to administer assessment instruments electronically
106	113		in accordance with the transition plan developed under Section
107	114		39.02341.
108	115		(b) In establishing the grant program, the commissioner
109	116		may:
110	117		(1) set eligibility criteria to receive a matching
111	118		grant under the program; and
112	119		(2) contract with developers of technology as
113	120		necessary to ensure the most efficient and cost-effective
114	121		implementation of Internet connectivity infrastructure for
115	122		electronic administration of assessment instruments.
116	123		(c) In awarding grants under the grant program, the
117	124		commissioner:
118	125		(1) shall prioritize applicants seeking funding for
119	126		one-time investments in broadband network infrastructure; and
120	127		(2) if funds are available after grants are awarded to
121	128		each eligible applicant described by Subdivision (1), may award
122	129		grants to applicants seeking funding for annual bandwidth and
123	130		personnel costs associated with electronic administration of
124	131		assessment instruments.
125	132		(d) This section expires September 1, 2025.
126	133		SECTION 4. Sections 39.023(c-3), (c-8), and (o), Education
127	134		Code, are amended to read as follows:
128	135		(c-3) Except as provided by Subsection (c-7) or as otherwise
129	136		provided by this subsection, in adopting a schedule for the
130	137		administration of assessment instruments under this section, the
131	138		State Board of Education shall ensure that assessment instruments
132	139		administered under Subsection (a) or (c) are not administered on
133	140		the first instructional day of a week. On request by a school
134	141		district or open-enrollment charter school, the commissioner may
135	142		allow the district or school to administer an assessment instrument
136	143		required under Subsection (a) or (c) on the first instructional day
137	144		of a week if administering the assessment instrument on another
138	145		instructional day would result in a significant administrative
139	146		burden due to specific local conditions.
140	147		(c-8) Beginning with the 2022-2023 school year, not more
141	148		than 75 percent of the available points on an assessment instrument
142	149		developed under Subsection (a) or (c) may be attributable to [not
143	150		present more than 75 percent of the] questions presented in a
144	151		multiple choice format.
145	152		(o) The agency shall adopt or develop optional interim
146	153		assessment instruments for each subject or course for each grade
147	154		level subject to assessment under this section. A school district
148	155		or open-enrollment charter school may not be required to administer
149	156		interim assessment instruments adopted or developed under this
150	157		subsection. An interim assessment instrument:
151	158		(1) must be:
152	159		(A) when possible, predictive of the assessment
153	160		instrument for the applicable subject or course for that grade
154	161		level required under this section; and
155	162		(B) administered electronically; and
156	163		(2) may not be used for accountability purposes.
157	164		SECTION 5. Section 39.0234, Education Code, is amended to
158	165		read as follows:
159	166		Sec. 39.0234. ELECTRONIC ADMINISTRATION OF ASSESSMENT
160	167		INSTRUMENTS. (a) Each [The agency shall ensure that] assessment
161	168		instrument [instruments] required under Section 39.023(a), (c), or
162	169		(l) must be [39.023 are capable of being] administered
163	170		electronically, unless otherwise provided by commissioner rule.
164	171		(b) The agency may recommend, but may not require, that a
165	172		school district make external keyboards available for student use
166	173		with tablet devices for the electronic administration of an
167	174		assessment instrument, including any portion of an assessment
168	175		instrument that contains constructed response or essay items.
169	176		SECTION 6. Sections 39.02341(a) and (b), Education Code,
170	177		are amended to read as follows:
171	178		(a) The agency, in consultation with the State Board of
172	179		Education, shall develop a transition plan to administer all
173	180		assessment instruments required under Sections 39.023(a), (c), and
174	181		(l) [Section 39.023] electronically beginning not later than the
175	182		2022-2023 school year. The plan must:
176	183		(1) evaluate the availability of Internet access for
177	184		each school district in this state;
178	185		(2) identify changes to state law or policy necessary
179	186		to improve the availability of Internet access described by
180	187		Subdivision (1);
181	188		(3) evaluate the state's experience with administering
182	189		online assessment instruments, including the occurrence or effects
183	190		of power outages or other types of disruptions of Internet service,
184	191		and actions taken by the state to mitigate the occurrence and effect
185	192		of those disruptions; and
186	193		(4) identify and evaluate actions taken by the state
187	194		to improve the administration of online assessment instruments.
188	195		(b) The agency shall implement the transition plan
189	196		beginning on September 1, 2021. [In order to ensure legislative
190	197		approval of the transition plan, this subsection expires August 31,
191	198		2021.]
192	199		SECTION 7. (a) Except as provided by Subsection (b) of this
193	200		section, this Act applies beginning with the 2021-2022 school year.
194	201		(b) Section 39.0234, Education Code, as amended by this Act,
195		-	applies beginning with the ~~2022-2023~~ school year.
	202	+	applies beginning with the 2023-2024 school year.
196	203		SECTION 8. This Act takes effect immediately if it receives
197	204		a vote of two-thirds of all the members elected to each house, as
198	205		provided by Section 39, Article III, Texas Constitution. If this
199	206		Act does not receive the vote necessary for immediate effect, this
200	207		Act takes effect September 1, 2021.
201		-	______________________________ ______________________________
202		-	President of the Senate Speaker of the House
203		-	I certify that H.B. No. 3261 was passed by the House on May 8,
204		-	2021, by the following vote: Yeas 136, Nays 4, 1 present, not
205		-	voting; and that the House concurred in Senate amendments to H.B.
206		-	No. 3261 on May 28, 2021, by the following vote: Yeas 143, Nays 2,
207		-	2 present, not voting.
208		-	______________________________
209		-	Chief Clerk of the House
210		-	I certify that H.B. No. 3261 was passed by the Senate, with
211		-	amendments, on May 22, 2021, by the following vote: Yeas 29, Nays
212		-	1.
213		-	______________________________
214		-	Secretary of the Senate
215		-	APPROVED: __________________
216		-	Date
217		-	__________________
218		-	Governor
	208	+	* * * * *