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A BILL TO BE ENTITLED
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AN ACT
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relating to the electronic administration of assessment |
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instruments in public schools and to certain measures to support |
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Internet connectivity for purposes of those assessment |
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instruments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.0211(c), Education Code, is amended |
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to read as follows: |
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(c) Subject to Subsection (d), funds allotted under this |
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section may be used to: |
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(1) purchase: |
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(A) materials on the list adopted by the |
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commissioner, as provided by Section 31.0231; |
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(B) instructional materials, regardless of |
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whether the instructional materials are on the list adopted under |
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Section 31.024; |
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(C) consumable instructional materials, |
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including workbooks; |
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(D) instructional materials for use in bilingual |
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education classes, as provided by Section 31.029; |
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(E) instructional materials for use in college |
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preparatory courses under Section 28.014, as provided by Section |
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31.031; |
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(F) supplemental instructional materials, as |
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provided by Section 31.035; |
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(G) state-developed open education resource |
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instructional materials, as provided by Subchapter B-1; |
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(H) instructional materials and technological |
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equipment under any continuing contracts of the district in effect |
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on September 1, 2011; |
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(I) technological equipment necessary to support |
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the use of materials included on the list adopted by the |
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commissioner under Section 31.0231 or any instructional materials |
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purchased with an allotment under this section; [and] |
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(J) inventory software or systems for storing, |
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managing, and accessing instructional materials and analyzing the |
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usage and effectiveness of the instructional materials; and |
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(K) services, equipment, and technology |
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infrastructure necessary to ensure Internet connectivity and |
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adequate bandwidth; and |
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(2) pay: |
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(A) for training educational personnel directly |
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involved in student learning in the appropriate use of |
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instructional materials and for providing for access to |
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technological equipment for instructional use; [and] |
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(B) for training personnel in the electronic |
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administration of assessment instruments; and |
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(C) the salary and other expenses of an employee |
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who provides technical support for the use of technological |
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equipment directly involved in student learning. |
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SECTION 2. Subchapter B, Chapter 32, Education Code, is |
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amended by adding Section 32.037 to read as follows: |
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Sec. 32.037. GRANT PROGRAM FOR TRANSITION TO ELECTRONIC |
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ADMINISTRATION OF ASSESSMENT INSTRUMENTS. (a) The commissioner |
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may establish a matching grant program to ensure that all school |
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districts and open-enrollment charter schools have the necessary |
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infrastructure to administer assessment instruments electronically |
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in accordance with the transition plan developed under Section |
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39.02341. |
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(b) In establishing the grant program, the commissioner |
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may: |
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(1) set eligibility criteria to receive a matching |
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grant under the program; and |
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(2) contract with developers of technology as |
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necessary to ensure the most efficient and cost-effective |
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implementation of Internet connectivity infrastructure for |
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electronic administration of assessment instruments. |
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(c) This section expires September 1, 2023. |
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SECTION 3. Sections 39.023(c-3) and (c-8), Education Code, |
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are amended to read as follows: |
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(c-3) Except as provided by Subsection (c-7) or as otherwise |
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provided by this subsection, in adopting a schedule for the |
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administration of assessment instruments under this section, the |
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State Board of Education shall ensure that assessment instruments |
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administered under Subsection (a) or (c) are not administered on |
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the first instructional day of a week. On request by a school |
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district or open-enrollment charter school, the commissioner may |
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allow the district or school to administer an assessment instrument |
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required under Subsection (a) or (c) on the first instructional day |
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of a week if administering the assessment instrument on another |
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instructional day would result in a significant administrative |
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burden due to specific local conditions. |
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(c-8) Beginning with the 2022-2023 school year, not more |
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than 75 percent of an assessment instrument developed under |
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Subsection (a) or (c) may be [not present more than 75 percent of |
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the questions] in a multiple choice format. |
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SECTION 4. Section 39.0234, Education Code, is amended to |
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read as follows: |
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Sec. 39.0234. ELECTRONIC ADMINISTRATION OF ASSESSMENT |
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INSTRUMENTS. Each [The agency shall ensure that] assessment |
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instrument [instruments] required under Section 39.023(a), (c), or |
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(l) must be [39.023 are capable of being] administered |
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electronically, unless otherwise provided by commissioner rule. |
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SECTION 5. Sections 39.02341(a) and (b), Education Code, |
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are amended to read as follows: |
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(a) The agency, in consultation with the State Board of |
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Education, shall develop a transition plan to administer all |
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assessment instruments required under Sections 39.023(a), (c), and |
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(l) [Section 39.023] electronically beginning not later than the |
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2022-2023 school year. The plan must: |
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(1) evaluate the availability of Internet access for |
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each school district in this state; |
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(2) identify changes to state law or policy necessary |
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to improve the availability of Internet access described by |
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Subdivision (1); |
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(3) evaluate the state's experience with administering |
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online assessment instruments, including the occurrence or effects |
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of power outages or other types of disruptions of Internet service, |
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and actions taken by the state to mitigate the occurrence and effect |
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of those disruptions; and |
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(4) identify and evaluate actions taken by the state |
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to improve the administration of online assessment instruments. |
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(b) The agency shall implement the transition plan |
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beginning on September 1, 2021. [In order to ensure legislative |
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approval of the transition plan, this subsection expires August 31, |
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2021.] |
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SECTION 6. (a) Except as provided by Subsection (b) of this |
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section, this Act applies beginning with the 2021-2022 school year. |
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(b) Section 39.0234, Education Code, as amended by this Act, |
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applies beginning with the 2023-2024 school year. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |