Texas 2023 - 88th Regular

Texas House Bill HB1278 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R3730 CXP-D
2	2	By: Herrero H.B. No. 1278
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, Education Code, is amended by
12	12	amending Subsections (a), (c), and (c-2) and adding Subsection (q)
13	13	to read as follows:
14	14	(a) The agency shall adopt or develop appropriate
15	15	criterion-referenced assessment instruments designed to assess
16	16	essential knowledge and skills in reading, mathematics, [social
17	17	studies,] and science. Except as provided by Subsection (a-2), all
18	18	students, other than students assessed under Subsection (b) or (l)
19	19	or exempted under Section 39.027, shall be assessed in:
20	20	(1) mathematics, annually in grades three through
21	21	eight;
22	22	(2) reading, annually in grades three through eight;
23	23	(3) [social studies, in grade eight;
24	24	[(4)] science, in grades five and eight; and
25	25	(4) [(5)] any other subject and grade required by
26	26	federal law.
27	27	(c) The agency shall also adopt end-of-course assessment
28	28	instruments for secondary-level courses in reading, mathematics,
29	29	and science only as necessary to comply with the Every Student
30	30	Succeeds Act (20 U.S.C. Section 6301 et seq.) to be administered
31	31	only as necessary to meet the minimum requirements of that Act
32	32	[Algebra I, biology, English I, English II, and United States
33	33	history. The Algebra I end-of-course assessment instrument must
34	34	be administered with the aid of technology, but may include one or
35	35	more parts that prohibit the use of technology. The English I and
36	36	English II end-of-course assessment instruments must each assess
37	37	essential knowledge and skills in both reading and writing and must
38	38	provide a single score]. A school district shall comply with State
39	39	Board of Education rules regarding administration of the assessment
40	40	instruments adopted under [listed in] this subsection. If a
41	41	student is in a special education program under Subchapter A,
42	42	Chapter 29, the student's admission, review, and dismissal
43	43	committee shall determine whether any allowable modification is
44	44	necessary in administering to the student an assessment instrument
45	45	required under this subsection. The State Board of Education shall
46	46	administer the assessment instruments. An end-of-course
47	47	assessment instrument may be administered in multiple parts over
48	48	more than one day. The State Board of Education shall adopt a
49	49	schedule for the administration of end-of-course assessment
50	50	instruments that complies with the requirements of Subsection
51	51	(c-3).
52	52	(c-2) The agency may adopt end-of-course assessment
53	53	instruments for courses for which end-of-course assessment
54	54	instruments are not adopted under [not listed in] Subsection
55	55	(c). A student's performance on an end-of-course assessment
56	56	instrument adopted under this subsection is not subject to the
57	57	performance requirements established under Subsection (c) or
58	58	Section 39.025.
59	59	(q) Notwithstanding any provision of this section or other
60	60	law, if changes made to the Every Student Succeeds Act (20 U.S.C.
61	61	Section 6301 et seq.) reduce the number or frequency of assessment
62	62	instruments required to be administered to students, the State
63	63	Board of Education shall adopt rules reducing the number or
64	64	frequency of assessment instruments administered to students under
65	65	state law, and the commissioner shall ensure that students are not
66	66	assessed in subject areas or in grades that are no longer required
67	67	to meet the minimum requirements of that Act.
68	68	SECTION 2. Section 39.025(a-1), Education Code, is amended
69	69	to read as follows:
70	70	(a-1) A student enrolled in a college preparatory
71	71	mathematics or English language arts course under Section 28.014
72	72	who satisfies the Texas Success Initiative (TSI) college readiness
73	73	benchmarks prescribed by the Texas Higher Education Coordinating
74	74	Board under Section 51.334 on an assessment instrument designated
75	75	by the coordinating board under that section administered at the
76	76	end of the college preparatory mathematics or English language arts
77	77	course satisfies the requirements concerning and is exempt from the
78	78	administration of the mathematics or reading [Algebra I or the
79	79	English I and English II] end-of-course assessment instrument
80	80	[instruments], as applicable, [as prescribed by Section
81	81	39.023(c),] even if the student did not perform satisfactorily on a
82	82	previous administration of the applicable end-of-course assessment
83	83	instrument. A student who fails to perform satisfactorily on the
84	84	assessment instrument designated by the coordinating board under
85	85	Section 51.334 administered as provided by this subsection may
86	86	retake that assessment instrument for purposes of this subsection
87	87	or may take the appropriate end-of-course assessment instrument.
88	88	SECTION 3. Section 39.203(c), Education Code, is amended to
89	89	read as follows:
90	90	(c) In addition to the distinction designations described
91	91	by Subsections (a) and (b), a campus that satisfies the criteria
92	92	developed under Section 39.204 shall be awarded a distinction
93	93	designation by the commissioner for outstanding performance in
94	94	academic achievement in reading [English language arts],
95	95	mathematics, or science[, or social studies].
96	96	SECTION 4. Section 39.023(c-9), Education Code, is
97	97	repealed.
98	98	SECTION 5. This Act applies beginning with the 2023-2024
99	99	school year.
100	100	SECTION 6. This Act takes effect immediately if it receives
101	101	a vote of two-thirds of all the members elected to each house, as
102	102	provided by Section 39, Article III, Texas Constitution. If this
103	103	Act does not receive the vote necessary for immediate effect, this
104	104	Act takes effect September 1, 2023.