Texas 2021 - 87th Regular

Texas Senate Bill SB1171 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Taylor S.B. No. 1171
2		-	(Huberty)
3	2
4	3
5	4		A BILL TO BE ENTITLED
6	5		AN ACT
7	6		relating to the electronic administration of certain required
8	7		assessment instruments, measures to support Internet connectivity
9	8		for purposes of those assessment instruments, and the adoption and
10	9		administration of certain optional interim assessment instruments.
11	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	11		SECTION 1. Section 31.0211(c), Education Code, is amended
13	12		to read as follows:
14	13		(c) Subject to Subsection (d), funds allotted under this
15	14		section may be used to:
16	15		(1) purchase:
17	16		(A) materials on the list adopted by the
18	17		commissioner, as provided by Section 31.0231;
19	18		(B) instructional materials, regardless of
20	19		whether the instructional materials are on the list adopted under
21	20		Section 31.024;
22	21		(C) consumable instructional materials,
23	22		including workbooks;
24	23		(D) instructional materials for use in bilingual
25	24		education classes, as provided by Section 31.029;
26	25		(E) instructional materials for use in college
27	26		preparatory courses under Section 28.014, as provided by Section
28	27		31.031;
29	28		(F) supplemental instructional materials, as
30	29		provided by Section 31.035;
31	30		(G) state-developed open education resource
32	31		instructional materials, as provided by Subchapter B-1;
33	32		(H) instructional materials and technological
34	33		equipment under any continuing contracts of the district in effect
35	34		on September 1, 2011;
36	35		(I) technological equipment necessary to support
37	36		the use of materials included on the list adopted by the
38	37		commissioner under Section 31.0231 or any instructional materials
39	38		purchased with an allotment under this section; [and]
40	39		(J) inventory software or systems for storing,
41	40		managing, and accessing instructional materials and analyzing the
42	41		usage and effectiveness of the instructional materials; and
43	42		(K) services, equipment, and technology
44	43		infrastructure necessary to ensure Internet connectivity and
45	44		adequate bandwidth; and
46	45		(2) pay:
47	46		(A) for training educational personnel directly
48	47		involved in student learning in the appropriate use of
49	48		instructional materials and for providing for access to
50	49		technological equipment for instructional use; [and]
51	50		(B) for training personnel in the electronic
52	51		administration of assessment instruments; and
53	52		(C) the salary and other expenses of an employee
54	53		who provides technical support for the use of technological
55	54		equipment directly involved in student learning.
56	55		SECTION 2. Subchapter B, Chapter 32, Education Code, is
57	56		amended by adding Section 32.037 to read as follows:
58	57		Sec. 32.037. GRANT PROGRAM FOR TRANSITION TO ELECTRONIC
59	58		ADMINISTRATION OF ASSESSMENT INSTRUMENTS. (a) The commissioner
60	59		may establish a matching grant program to ensure that all school
61	60		districts and open-enrollment charter schools have the necessary
62	61		infrastructure to administer assessment instruments electronically
63	62		in accordance with the transition plan developed under Section
64	63		39.02341.
65	64		(b) In establishing the grant program, the commissioner
66	65		may:
67	66		(1) set eligibility criteria to receive a matching
68	67		grant under the program; and
69	68		(2) contract with developers of technology as
70	69		necessary to ensure the most efficient and cost-effective
71	70		implementation of Internet connectivity infrastructure for
72	71		electronic administration of assessment instruments.
73	72		(c) In awarding grants under the grant program, the
74	73		commissioner:
75	74		(1) shall prioritize applicants seeking funding for
76	75		one-time investments in broadband network infrastructure; and
77	76		(2) if funds are available after grants are awarded to
78	77		each eligible applicant described by Subdivision (1), may award
79	78		grants to applicants seeking funding for annual bandwidth and
80	79		personnel costs associated with electronic administration of
81	80		assessment instruments.
82	81		(d) This section expires September 1, 2025.
83	82		SECTION 3. Sections 39.023(c-3), (c-8), and (o), Education
84	83		Code, are amended to read as follows:
85	84		(c-3) Except as provided by Subsection (c-7) or as otherwise
86	85		provided by this subsection, in adopting a schedule for the
87	86		administration of assessment instruments under this section, the
88	87		State Board of Education shall ensure that assessment instruments
89	88		administered under Subsection (a) or (c) are not administered on
90	89		the first instructional day of a week. On request by a school
91	90		district or open-enrollment charter school, the commissioner may
92	91		allow the district or school to administer an assessment instrument
93	92		required under Subsection (a) or (c) on the first instructional day
94	93		of a week if administering the assessment instrument on another
95	94		instructional day would result in a significant administrative
96	95		burden due to specific local conditions.
97	96		(c-8) Beginning with the 2022-2023 school year, not more
98	97		than 75 percent of the available points on an assessment instrument
99	98		developed under Subsection (a) or (c) may be attributable to [not
100	99		present more than 75 percent of the] questions presented in a
101	100		multiple choice format.
102	101		(o) The agency shall adopt or develop optional interim
103	102		assessment instruments for each subject or course for each grade
104	103		level subject to assessment under this section. A school district
105	104		or open-enrollment charter school may not be required to administer
106	105		interim assessment instruments adopted or developed under this
107	106		subsection. An interim assessment instrument:
108	107		(1) must be:
109	108		(A) when possible, predictive of the assessment
110	109		instrument for the applicable subject or course for that grade
111	110		level required under this section; and
112	111		(B) administered electronically; and
113	112		(2) may not be used for accountability purposes.
114	113		SECTION 4. Section 39.0234, Education Code, is amended to
115	114		read as follows:
116	115		Sec. 39.0234. ELECTRONIC ADMINISTRATION OF ASSESSMENT
117	116		INSTRUMENTS. Each [The agency shall ensure that] assessment
118	117		instrument [instruments] required under Section 39.023(a), (c), or
119	118		(l) must be [39.023 are capable of being] administered
120	119		electronically, unless otherwise provided by commissioner rule.
121	120		SECTION 5. Sections 39.02341(a) and (b), Education Code,
122	121		are amended to read as follows:
123	122		(a) The agency, in consultation with the State Board of
124	123		Education, shall develop a transition plan to administer all
125	124		assessment instruments required under Sections 39.023(a), (c), and
126	125		(l) [Section 39.023] electronically beginning not later than the
127	126		2022-2023 school year. The plan must:
128	127		(1) evaluate the availability of Internet access for
129	128		each school district in this state;
130	129		(2) identify changes to state law or policy necessary
131	130		to improve the availability of Internet access described by
132	131		Subdivision (1);
133	132		(3) evaluate the state's experience with administering
134	133		online assessment instruments, including the occurrence or effects
135	134		of power outages or other types of disruptions of Internet service,
136	135		and actions taken by the state to mitigate the occurrence and effect
137	136		of those disruptions; and
138	137		(4) identify and evaluate actions taken by the state
139	138		to improve the administration of online assessment instruments.
140	139		(b) The agency shall implement the transition plan
141	140		beginning on September 1, 2021. [In order to ensure legislative
142	141		approval of the transition plan, this subsection expires August 31,
143	142		2021.]
144	143		SECTION 6. (a) Except as provided by Subsection (b) of this
145	144		section, this Act applies beginning with the 2021-2022 school year.
146	145		(b) Section 39.0234, Education Code, as amended by this Act,
147	146		applies beginning with the 2023-2024 school year.
148	147		SECTION 7. This Act takes effect immediately if it receives
149	148		a vote of two-thirds of all the members elected to each house, as
150	149		provided by Section 39, Article III, Texas Constitution. If this
151	150		Act does not receive the vote necessary for immediate effect, this
152	151		Act takes effect September 1, 2021.