| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the electronic administration of certain required |
|
|
assessment instruments, measures to support Internet connectivity |
|
|
for purposes of those assessment instruments, the adoption and |
|
|
administration of certain optional interim assessment instruments, |
|
|
the review and use of the instructional materials and technology |
|
|
allotment, and requests for production of instructional materials. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 31.0211, Education Code, is amended by |
|
|
amending Subsections (c) and (d) and adding Subsection (d-1) to |
|
|
read as follows: |
|
|
(c) Funds [Subject to Subsection (d), funds] allotted under |
|
|
this section may be used to: |
|
|
(1) purchase: |
|
|
(A) materials on the list adopted by the |
|
|
commissioner, as provided by Section 31.0231; |
|
|
(B) instructional materials, regardless of |
|
|
whether the instructional materials are on the list adopted under |
|
|
Section 31.024; |
|
|
(C) consumable instructional materials, |
|
|
including workbooks; |
|
|
(D) instructional materials for use in bilingual |
|
|
education classes, as provided by Section 31.029; |
|
|
(E) instructional materials for use in college |
|
|
preparatory courses under Section 28.014, as provided by Section |
|
|
31.031; |
|
|
(F) supplemental instructional materials, as |
|
|
provided by Section 31.035; |
|
|
(G) state-developed open education resource |
|
|
instructional materials, as provided by Subchapter B-1; |
|
|
(H) instructional materials and technological |
|
|
equipment under any continuing contracts of the district in effect |
|
|
on September 1, 2011; |
|
|
(I) technological equipment necessary to support |
|
|
the use of materials included on the list adopted by the |
|
|
commissioner under Section 31.0231 or any instructional materials |
|
|
purchased with an allotment under this section; [and] |
|
|
(J) inventory software or systems for storing, |
|
|
managing, and accessing instructional materials and analyzing the |
|
|
usage and effectiveness of the instructional materials; and |
|
|
(K) services, equipment, and technology |
|
|
infrastructure necessary to ensure Internet connectivity and |
|
|
adequate bandwidth; and |
|
|
(2) pay: |
|
|
(A) for training educational personnel directly |
|
|
involved in student learning in the appropriate use of |
|
|
instructional materials and for providing for access to |
|
|
technological equipment for instructional use; [and] |
|
|
(B) for training personnel in the electronic |
|
|
administration of assessment instruments; and |
|
|
(C) the salary and other expenses of an employee |
|
|
who provides technical support for the use of technological |
|
|
equipment directly involved in student learning. |
|
|
(d) Each biennium the commissioner shall assess the |
|
|
technology needs for all school districts and provide an estimate |
|
|
of the cost for these resources to the State Board of Education [a |
|
|
school district shall use the district's allotment under this |
|
|
section to purchase, in the following order: |
|
|
[(1) instructional materials necessary to permit the |
|
|
district to certify that the district has instructional materials |
|
|
that cover all elements of the essential knowledge and skills of the |
|
|
required curriculum, other than physical education, for each grade |
|
|
level as required by Section 28.002; and |
|
|
[(2) any other instructional materials or |
|
|
technological equipment as determined by the district]. |
|
|
(d-1) In purchasing technological equipment, a school |
|
|
district shall: |
|
|
(1) secure technological solutions that meet the |
|
|
varying and unique needs of students and teachers in the district; |
|
|
and |
|
|
(2) consider: |
|
|
(A) the long-term cost of ownership; and |
|
|
(B) flexibility for innovation. |
|
|
SECTION 2. Section 31.022, Education Code, is amended by |
|
|
amending Subsection (g) and adding Subsection (i) to read as |
|
|
follows: |
|
|
(g) In determining the disbursement of money to the |
|
|
available school fund and the amount of that disbursement that will |
|
|
be used, in accordance with Section 43.001(d), to fund the |
|
|
instructional materials and technology allotment under Section |
|
|
31.0211, the board must consider the cost of all district |
|
|
technology requirements, as estimated by the commissioner under |
|
|
Section 31.0211(d), and instructional materials for that state |
|
|
fiscal biennium. [In reviewing and adopting instructional |
|
|
materials, the board shall consider a school district's need for |
|
|
technology as well as instructional materials and in any biennium |
|
|
may limit the adoption of instructional materials to provide |
|
|
sufficient resources to purchase technology resources, including |
|
|
digital curriculum.] |
|
|
(i) For any state fiscal biennium, the total projected cost |
|
|
of instructional materials under requests for production issued by |
|
|
the board may not exceed 75 percent of the total amount used to fund |
|
|
the instructional materials and technology allotment under Section |
|
|
31.0211 for that biennium. |
|
|
SECTION 3. Subchapter B, Chapter 32, Education Code, is |
|
|
amended by adding Section 32.037 to read as follows: |
|
|
Sec. 32.037. GRANT PROGRAM FOR TRANSITION TO ELECTRONIC |
|
|
ADMINISTRATION OF ASSESSMENT INSTRUMENTS. (a) The commissioner |
|
|
may establish a matching grant program to ensure that all school |
|
|
districts and open-enrollment charter schools have the necessary |
|
|
infrastructure to administer assessment instruments electronically |
|
|
in accordance with the transition plan developed under Section |
|
|
39.02341. |
|
|
(b) In establishing the grant program, the commissioner |
|
|
may: |
|
|
(1) set eligibility criteria to receive a matching |
|
|
grant under the program; and |
|
|
(2) contract with developers of technology as |
|
|
necessary to ensure the most efficient and cost-effective |
|
|
implementation of Internet connectivity infrastructure for |
|
|
electronic administration of assessment instruments. |
|
|
(c) In awarding grants under the grant program, the |
|
|
commissioner: |
|
|
(1) shall prioritize applicants seeking funding for |
|
|
one-time investments in broadband network infrastructure; and |
|
|
(2) if funds are available after grants are awarded to |
|
|
each eligible applicant described by Subdivision (1), may award |
|
|
grants to applicants seeking funding for annual bandwidth and |
|
|
personnel costs associated with electronic administration of |
|
|
assessment instruments. |
|
|
(d) This section expires September 1, 2025. |
|
|
SECTION 4. Sections 39.023(c-3), (c-8), and (o), Education |
|
|
Code, are amended to read as follows: |
|
|
(c-3) Except as provided by Subsection (c-7) or as otherwise |
|
|
provided by this subsection, in adopting a schedule for the |
|
|
administration of assessment instruments under this section, the |
|
|
State Board of Education shall ensure that assessment instruments |
|
|
administered under Subsection (a) or (c) are not administered on |
|
|
the first instructional day of a week. On request by a school |
|
|
district or open-enrollment charter school, the commissioner may |
|
|
allow the district or school to administer an assessment instrument |
|
|
required under Subsection (a) or (c) on the first instructional day |
|
|
of a week if administering the assessment instrument on another |
|
|
instructional day would result in a significant administrative |
|
|
burden due to specific local conditions. |
|
|
(c-8) Beginning with the 2022-2023 school year, not more |
|
|
than 75 percent of the available points on an assessment instrument |
|
|
developed under Subsection (a) or (c) may be attributable to [not |
|
|
present more than 75 percent of the] questions presented in a |
|
|
multiple choice format. |
|
|
(o) The agency shall adopt or develop optional interim |
|
|
assessment instruments for each subject or course for each grade |
|
|
level subject to assessment under this section. A school district |
|
|
or open-enrollment charter school may not be required to administer |
|
|
interim assessment instruments adopted or developed under this |
|
|
subsection. An interim assessment instrument: |
|
|
(1) must be: |
|
|
(A) when possible, predictive of the assessment |
|
|
instrument for the applicable subject or course for that grade |
|
|
level required under this section; and |
|
|
(B) administered electronically; and |
|
|
(2) may not be used for accountability purposes. |
|
|
SECTION 5. Section 39.0234, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 39.0234. ELECTRONIC ADMINISTRATION OF ASSESSMENT |
|
|
INSTRUMENTS. (a) Each [The agency shall ensure that] assessment |
|
|
instrument [instruments] required under Section 39.023(a), (c), or |
|
|
(l) must be [39.023 are capable of being] administered |
|
|
electronically, unless otherwise provided by commissioner rule. |
|
|
(b) The agency may recommend, but may not require, that a |
|
|
school district make external keyboards available for student use |
|
|
with tablet devices for the electronic administration of an |
|
|
assessment instrument, including any portion of an assessment |
|
|
instrument that contains constructed response or essay items. |
|
|
SECTION 6. Sections 39.02341(a) and (b), Education Code, |
|
|
are amended to read as follows: |
|
|
(a) The agency, in consultation with the State Board of |
|
|
Education, shall develop a transition plan to administer all |
|
|
assessment instruments required under Sections 39.023(a), (c), and |
|
|
(l) [Section 39.023] electronically beginning not later than the |
|
|
2022-2023 school year. The plan must: |
|
|
(1) evaluate the availability of Internet access for |
|
|
each school district in this state; |
|
|
(2) identify changes to state law or policy necessary |
|
|
to improve the availability of Internet access described by |
|
|
Subdivision (1); |
|
|
(3) evaluate the state's experience with administering |
|
|
online assessment instruments, including the occurrence or effects |
|
|
of power outages or other types of disruptions of Internet service, |
|
|
and actions taken by the state to mitigate the occurrence and effect |
|
|
of those disruptions; and |
|
|
(4) identify and evaluate actions taken by the state |
|
|
to improve the administration of online assessment instruments. |
|
|
(b) The agency shall implement the transition plan |
|
|
beginning on September 1, 2021. [In order to ensure legislative |
|
|
approval of the transition plan, this subsection expires August 31, |
|
|
2021.] |
|
|
SECTION 7. (a) Except as provided by Subsection (b) of this |
|
|
section, this Act applies beginning with the 2021-2022 school year. |
|
|
(b) Section 39.0234, Education Code, as amended by this Act, |
|
|
applies beginning with the 2023-2024 school year. |
|
|
SECTION 8. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2021. |
|
|
|
|
|
* * * * * |