The digital content on TLO has been updated to align with the accessibility standards required by WCAG 2.1.

Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 83(R)

House Bill 2836

House Author:  Ratliff et al.

Effective:  Vetoed

Senate Sponsor:  Patrick et al.


            House Bill 2836 amends the Education Code to require a statewide standardized test adopted or developed by the Texas Education Agency (TEA) to be determined by an independent entity to be valid and reliable on the basis of empirical evidence before being administered. The bill requires TEA to ensure that the test is designed primarily to assess the subject's essential knowledge and skills for the grade level for which the test is administered. The bill authorizes a test, only to the extent necessary or helpful for diagnostic or reporting purposes, to also assess supporting knowledge or skills that are introduced or referenced in the subject at the grade level for which the test is administered but that are essential knowledge or skills primarily of a different subject or for a different grade level. The bill prohibits the related student achievement indicator adopted by the commissioner of education from including student performance as to such supporting knowledge or skills.

House Bill 2836 requires standardized tests to be designed so that 85 percent of students will be able to complete the test within 120 minutes if administered to students in grades three through five, and within 180 minutes if administered to students in grades six through eight. The bill caps the time allowed for administration of a test at eight hours and limits its administration to one day. The bill requires TEA, in conjunction with appropriate interested persons, to redevelop tests adopted or developed for special education students for administration to significantly cognitively disabled students in a manner consistent with federal law but prohibits such a test from requiring a teacher to prepare tasks or materials for students to be tested.

House Bill 2836 requires TEA to conduct a study regarding the required curriculum's essential knowledge and skills and the statewide standardized tests and to report the study's results to the State Board of Education (SBOE); requires the SBOE to review those results and to submit the TEA report and the SBOE's recommendations to the governor, the legislature, and a temporary advisory committee established specifically to review the study and the SBOE's recommendations; and requires that committee also to report the results of its review or of any independent study the committee undertakes.  The bill requires the SBOE, based on TEA's study and the advisory committee's report, to adopt policies and procedures to limit the number and scope of the essential knowledge and skills of each subject and grade level to correspond with the readiness standards capable of being accurately assessed by applicable tests.

House Bill 2836 prohibits a school district from administering to any student more than two benchmark tests to prepare the student for a corresponding state-administered test but authorizes a parent of a special needs student to request administration of additional benchmark tests. The bill requires the commissioner and a school district, in establishing and implementing procedures for the administration of state-administered tests, respectively, to take steps to minimize disruptions to school operations and the classroom environment.

House Bill 2836 requires TEA by rule to develop a comprehensive methodology for auditing and monitoring performance under contracts for services to develop or administer state‑administered tests and to ensure that all new and renewed contracts allow TEA to conduct periodic contract compliance reviews, without advance notice, to monitor vendor performance.

House Bill 2836 excludes any student receiving treatment in a residential facility from consideration as a student either of the school district in which the program or facility is physically located or of a charter school, as applicable, in determining district, campus, or charter school performance.

 

Reason Given for Veto: "The State Board of Education (SBOE) is responsible for developing the curriculum standards required to be taught in Texas schools. House Bill 2836 has the potential to deemphasize the majority of these important curriculum standards in the classroom, and would also circumvent the responsibilities of the elected SBOE. The SBOE has initiated a process to streamline the scope of the curriculum standards required to be taught in classrooms, addressing concerns about the number of curriculum standards taught and assessed.

"Maintaining our rigorous standards is crucial to ensuring Texas students have the fundamental building blocks necessary to succeed in their education and ultimately compete in a global economy."