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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration to public school students in certain |
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grades of state-administered assessment instruments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 39.023(a), Education Code, effective |
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until September 1, 2021, is amended to read as follows: |
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(a) The agency shall adopt or develop appropriate |
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criterion-referenced assessment instruments designed to assess |
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essential knowledge and skills in reading, writing, mathematics, |
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social studies, and science. Except as provided by Subsection |
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(a-2), all students, other than students assessed under Subsection |
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(b), (b-1), or (l) or exempted under Section 39.027, shall be |
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assessed in: |
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(1) mathematics, [annually] in grades three and five |
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[through eight]; |
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(2) reading, [annually] in grades three, five, and |
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[through] eight; |
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(3) writing, including spelling and grammar, in grades |
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five and eight [four and seven]; |
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(4) social studies, in grade eight; and |
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(5) science, in grades five and eight[; and |
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[(6) any other subject and grade required by federal |
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law]. |
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SECTION 2. Section 39.023(a), Education Code, effective |
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September 1, 2021, is amended to read as follows: |
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(a) The agency shall adopt or develop appropriate |
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criterion-referenced assessment instruments designed to assess |
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essential knowledge and skills in reading, mathematics, social |
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studies, and science. Except as provided by Subsection (a-2), all |
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students, other than students assessed under Subsection (b), (b-1), |
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or (l) or exempted under Section 39.027, shall be assessed in: |
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(1) mathematics, [annually] in grades three and five |
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[through eight]; |
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(2) reading, [annually] in grades three, five, and |
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[through] eight; |
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(3) social studies, in grade eight; and |
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(4) science, in grades five and eight[; and |
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[(5) any other subject and grade required by federal |
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law]. |
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SECTION 3. Section 39.023, Education Code, is amended by |
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amending Subsections (a-1), (a-2), (a-12), (a-13), (b), (c-1), |
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(c-3), (c-8), (e), (l), (m), (n), and (p) and adding Subsections |
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(a-5), (a-6), (a-7), (a-8), (a-9), (a-10), and (a-17) to read as |
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follows: |
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(a-1) The agency shall develop assessment instruments |
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required under Subsections (a), (a-6), (a-7), and (a-8) [Subsection |
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(a)] in a manner that allows, to the extent practicable: |
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(1) the score a student receives to provide reliable |
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information relating to a student's satisfactory performance for |
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each performance standard under Section 39.0241; and |
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(2) an appropriate range of performances to serve as a |
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valid indication of growth in student achievement. |
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(a-2) Except as required by a provision of federal law that |
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has not been waived, a student is not required to be assessed in a |
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subject otherwise assessed at the student's grade level under |
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Subsection (a) if the student: |
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(1) is enrolled in a course in the subject intended for |
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students above the student's grade level and will be administered |
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an assessment instrument adopted or developed under Subsection (a), |
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(a-6), (a-7), or (a-8) that aligns with the curriculum for the |
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course in which the student is enrolled; or |
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(2) is enrolled in a course in the subject for which |
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the student will receive high school academic credit and will be |
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administered an end-of-course assessment instrument adopted under |
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Subsection (c) for the course. |
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(a-5) For each assessment instrument administered under |
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Subsection (a) or (a-7), the agency shall determine, based on |
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available information for that assessment instrument, the minimum |
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satisfactory adjusted scale score. The minimum satisfactory |
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adjusted scale score is the sum of the scale score that indicates |
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satisfactory performance on that assessment instrument, as |
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determined by the commissioner under Section 39.0241(a), plus the |
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minimum number of points that when added to the scale score produces |
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a score that, within a three percent margin of error, is predictive |
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that a student achieving that score would achieve satisfactory |
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performance on an assessment instrument in the same subject |
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administered to the student during the following school year. |
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(a-6) A student shall be assessed in grade four in a subject |
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for which an assessment instrument is administered under Subsection |
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(a) in grade three if, on the final assessment instrument in that |
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subject administered under Subsection (a) to the student in grade |
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three during the preceding school year, the student did not achieve |
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a score equal to or greater than the minimum satisfactory adjusted |
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scale score for that assessment instrument, as determined under |
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Subsection (a-5). |
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(a-7) A student shall be assessed in grade six in a subject |
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for which an assessment instrument is administered under Subsection |
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(a)(1) or (2) in grade five if, on the final assessment instrument |
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in that subject administered under Subsection (a)(1) or (2) to the |
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student in grade five during the preceding school year, the student |
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did not achieve a score equal to or greater than the minimum |
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satisfactory adjusted scale score for that assessment instrument, |
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as determined under Subsection (a-5). |
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(a-8) A student shall be assessed in grade seven in a |
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subject for which an assessment instrument was administered under |
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Subsection (a-7) to the student in grade six if, on the final |
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assessment instrument in that subject administered to the student |
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in grade six during the preceding school year, the student did not |
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achieve a score equal to or greater than the minimum satisfactory |
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adjusted scale score for that assessment instrument, as determined |
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under Subsection (a-5). |
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(a-9) A student assessed in mathematics under Subsection |
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(a-6), (a-7), or (a-8) shall be assessed without the aid of |
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technology. |
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(a-10) A school district or open-enrollment charter school |
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may, for its own use in determining whether students are performing |
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at a satisfactory level, administer to a student at the appropriate |
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grade level, other than a student required to be assessed, an |
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assessment instrument developed for purposes of Subsection (a-6), |
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(a-7), or (a-8). At the request of a district or open-enrollment |
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charter school, the agency shall provide, allow for the |
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administration of, and score each assessment instrument |
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administered under this subsection in the same manner and at the |
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same cost as for assessment instruments required to be administered |
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under the applicable subsection. The results of an assessment |
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instrument administered under this subsection may not be included |
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as an achievement indicator under Section 39.053 or any other |
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provision. |
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(a-12) An assessment instrument adopted or developed under |
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Subsection (a), (a-6), (a-7), or (a-8) may not have more than three |
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parts. A part of an assessment instrument must be designed so |
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that: |
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(1) if administered to students in grades three and |
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four, 85 percent of students will be able to complete that part |
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within 60 minutes; and |
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(2) if administered to students in grades five through |
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eight, 85 percent of students will be able to complete that part |
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within 75 minutes. |
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(a-13) The amount of time allowed for administration of an |
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assessment instrument adopted or developed under Subsection (a), |
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(a-6), (a-7), or (a-8) may not exceed eight hours, and the |
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administration may occur in multiple parts over more than one day. |
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(a-17) If there is a conflict between this section and a |
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federal law or regulation as a result of forgoing under this section |
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certain administration of assessment instruments to students who |
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have recently performed successfully on assessment instruments |
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assessing the same subject, the commissioner shall seek a waiver |
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from the application of the conflicting federal law or regulation. |
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In seeking a waiver, the commissioner shall submit all relevant |
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data, including data relating to: |
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(1) the likelihood that a student who achieves a score |
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on an assessment instrument equal to or greater than the minimum |
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satisfactory adjusted scale score for that assessment instrument, |
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as determined under Subsection (a-5), will, in subsequent years, |
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perform satisfactorily on assessment instruments in the same |
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subject; |
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(2) the costs associated with ongoing assessment of |
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students who have proven likely to perform successfully on |
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subsequent assessment instruments; and |
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(3) the benefit of redirecting resources from |
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assessment of students who have proven likely to perform |
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successfully on subsequent assessment instruments toward enabling |
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lower performing students to perform successfully on assessment |
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instruments after one school year. |
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(b) The agency shall develop or adopt appropriate |
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criterion-referenced alternative assessment instruments to be |
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administered to a [each] student in a special education program |
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under Subchapter A, Chapter 29, for whom an assessment instrument |
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adopted under Subsection (a) or, to the extent applicable, |
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Subsection (a-6), (a-7), or (a-8), even with allowable |
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accommodations, would not provide an appropriate measure of student |
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achievement, as determined by the student's admission, review, and |
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dismissal committee, including assessment instruments approved by |
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the commissioner that measure growth. The assessment instruments |
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developed or adopted under this subsection, including the |
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assessment instruments approved by the commissioner, must, to the |
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extent allowed under federal law, provide a district with options |
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for the assessment of students under this subsection. The agency |
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may not adopt a performance standard that indicates that a |
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student's performance on the alternate assessment does not meet |
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standards if the lowest level of the assessment accurately |
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represents the student's developmental level as determined by the |
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student's admission, review, and dismissal committee. |
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(c-1) To the greatest extent practicable, the [The] agency |
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shall develop any assessment instrument required under this section |
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in a manner that allows for the measurement of annual improvement in |
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student achievement as required by Sections 39.034(c) and (d). |
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(c-3) Except as provided by Subsection (c-7), in adopting a |
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schedule for the administration of assessment instruments under |
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this section, the State Board of Education shall ensure |
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that assessment instruments administered under Subsection (a), |
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(a-6), (a-7), (a-8), or (c) are not administered on the first |
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instructional day of a week. |
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(c-8) Beginning with the 2022-2023 school year, an |
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assessment instrument developed under Subsection (a), (a-6), |
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(a-7), (a-8), or (c) may not present more than 75 percent of the |
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questions in a multiple choice format. |
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(e) Under rules adopted by the State Board of Education, |
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every third year, the agency shall release the questions and answer |
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keys to each assessment instrument administered under Subsection |
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(a), (a-6), (a-7), (a-8), (b), (c), (d), or (l), excluding any |
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assessment instrument administered to a student for the purpose of |
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retaking the assessment instrument, after the last time the |
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instrument is administered for that school year. To ensure a valid |
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bank of questions for use each year, the agency is not required to |
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release a question that is being field-tested and was not used to |
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compute the student's score on the instrument. The agency shall |
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also release, under board rule, each question that is no longer |
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being field-tested and that was not used to compute a student's |
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score. [During the 2014-2015 and 2015-2016 school years, the |
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agency shall release the questions and answer keys to assessment |
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instruments as described by this subsection each year.] |
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(l) The State Board of Education shall adopt rules for the |
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administration of the assessment instruments adopted under |
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Subsection (a) and, to the extent applicable, the assessment |
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instruments adopted under Subsection (a-6) in Spanish to students |
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in grades three, four, and [through] five who are of limited English |
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proficiency, as defined by Section 29.052, whose primary language |
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is Spanish, and who are not otherwise exempt from the |
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administration of an assessment instrument under Section |
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39.027(a)(1) or (2). Each student of limited English proficiency |
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whose primary language is Spanish, other than a student to whom |
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Subsection (b) applies, may be assessed using assessment |
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instruments in Spanish under this subsection for up to three years |
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or assessment instruments in English under Subsection (a) and, as |
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applicable, Subsection (a-6). The language proficiency assessment |
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committee established under Section 29.063 shall determine which |
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students are administered assessment instruments in Spanish under |
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this subsection. |
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(m) The commissioner by rule shall develop procedures under |
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which the language proficiency assessment committee established |
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under Section 29.063 shall determine which students are exempt from |
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the administration of the assessment instruments under Section |
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39.027(a)(1) or (2). The rules adopted under this subsection shall |
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ensure that the language proficiency assessment committee provides |
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that the exempted students are administered the assessment |
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instruments under Subsections (a) and (c) and, to the extent |
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applicable, Subsections (a-6), (a-7), and (a-8) at the earliest |
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practical date. |
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(n) This subsection applies only to a student who is |
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determined to have dyslexia or a related disorder and who is an |
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individual with a disability under 29 U.S.C. Section 705(20) and |
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its subsequent amendments. The agency shall adopt or develop |
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appropriate criterion-referenced assessment instruments designed |
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to assess the ability of and to be administered to each student to |
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whom this subsection applies for whom the assessment instruments |
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adopted under Subsection (a) and, to the extent applicable, the |
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assessment instruments adopted under Subsections (a-6), (a-7), and |
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(a-8), even with allowable modifications, would not provide an |
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appropriate measure of student achievement, as determined by the |
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committee established by the board of trustees of the district to |
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determine the placement of students with dyslexia or related |
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disorders. The committee shall determine whether any allowable |
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modification is necessary in administering to a student an |
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assessment instrument required under this subsection. The |
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assessment instruments required under this subsection shall be |
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administered on the same schedule as the assessment instruments |
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administered under Subsections (a), (a-6), (a-7), and (a-8), as |
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applicable [Subsection (a)]. |
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(p) On or before September 1 of each year, the commissioner |
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shall make the following information available on the agency's |
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Internet website for each assessment instrument administered under |
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Subsection (a), (a-6), (a-7), (a-8), (c), or (l): |
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(1) the number of questions on the assessment |
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instrument; |
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(2) the number of questions that must be answered |
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correctly to achieve satisfactory performance as determined by the |
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commissioner under Section 39.0241(a); |
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(3) the number of questions that must be answered |
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correctly to achieve satisfactory performance under the college |
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readiness performance standard as provided by Section 39.0241; and |
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(4) the corresponding scale scores. |
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SECTION 4. (a) This Act takes effect on any date not later |
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than September 1, 2023, on which the commissioner of education: |
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(1) obtains any necessary waiver from the application |
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of federal law or regulation conflicting with Section 39.023, |
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Education Code, as amended by this Act, as required by Section |
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39.023(a-17), Education Code, as added by this Act; or |
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(2) receives written notification from the United |
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States Department of Education that a waiver is not required. |
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(b) This Act applies beginning with the first school year |
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that begins after the date on which this Act takes effect under |
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Subsection (a) of this section. |
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(c) If the commissioner of education obtains any necessary |
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waiver or receives written notification as described by Subsection |
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(a) of this section, the commissioner shall certify that the |
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commissioner has obtained the waiver or received notification that |
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a waiver is not required, as applicable, and shall publish notice of |
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that fact in the Texas Register as soon as practicable after |
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obtaining the waiver or receiving notification. |