| 1 | 1 | | 88S40136 KJE-D |
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| 2 | 2 | | By: Thompson of Brazoria H.B. No. 27 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to public school selection of an alternative assessment |
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| 8 | 8 | | instrument in place of state-administered assessment instruments. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 39.026, Education Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 39.026. LOCAL OPTION. (a) Notwithstanding any other |
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| 13 | 13 | | provision of this title, a school district, in place of any [In |
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| 14 | 14 | | addition to the] assessment instruments required under Section |
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| 15 | 15 | | 39.023 adopted by the agency and administered by the State Board of |
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| 16 | 16 | | Education, [a school district] may adopt and administer nationally |
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| 17 | 17 | | [criterion-referenced or] norm-referenced assessment instruments |
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| 18 | 18 | | selected by the district[, or both, at any grade level]. |
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| 19 | 19 | | (b) The commissioner shall adopt rules as necessary for the |
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| 20 | 20 | | administration of Subsection (a), including rules for using for |
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| 21 | 21 | | purposes of this code assessment instruments adopted under that |
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| 22 | 22 | | subsection in place of the assessment instruments otherwise |
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| 23 | 23 | | required under this subchapter. |
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| 24 | 24 | | (c) If there is a conflict between Subsection (a) and |
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| 25 | 25 | | federal law or regulation, the agency shall seek a waiver from the |
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| 26 | 26 | | application of conflicting federal law or regulation. |
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| 27 | 27 | | (d) In addition to the assessment instruments adopted by the |
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| 28 | 28 | | agency and administered by the State Board of Education or the |
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| 29 | 29 | | assessment instruments adopted and administered by the district |
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| 30 | 30 | | under Subsection (a), a school district may adopt and administer |
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| 31 | 31 | | criterion-referenced or norm-referenced assessment instruments at |
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| 32 | 32 | | any grade level. |
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| 33 | 33 | | (e) An [A norm-referenced] assessment instrument adopted |
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| 34 | 34 | | under this section must be economical, nationally recognized, and |
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| 35 | 35 | | approved by the agency [state-approved]. |
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| 36 | 36 | | SECTION 2. This Act applies beginning with the 2024-2025 |
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| 37 | 37 | | school year. |
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| 38 | 38 | | SECTION 3. This Act takes effect immediately if it receives |
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| 39 | 39 | | a vote of two-thirds of all the members elected to each house, as |
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| 40 | 40 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 41 | 41 | | Act does not receive the vote necessary for immediate effect, this |
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| 42 | 42 | | Act takes effect on the 91st day after the last day of the |
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| 43 | 43 | | legislative session. |
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