By Horn                                                H.B. No. 373
       74R1025 CAS-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to parental access to certain assessment instruments
    1-3  administered by a school district.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter B, Chapter 35, Education Code, as
    1-6  added by Chapter 347, Acts of the 73rd Legislature, Regular
    1-7  Session, 1993, is amended by adding Section 35.0301 to read as
    1-8  follows:
    1-9        Sec. 35.0301.  PARENTAL ACCESS.  (a)  The parent of a student
   1-10  to whom an assessment instrument is administered under this
   1-11  subchapter is entitled to review the assessment instrument after
   1-12  the test has been administered but before the test is scheduled to
   1-13  be graded or, if the test will not be graded in the district,
   1-14  before the test is scheduled to be sent away for grading.
   1-15        (b)  After reviewing an assessment instrument under
   1-16  Subsection (a), if the parent finds that any question on the
   1-17  assessment instrument is not performance-based or academic in
   1-18  nature and proves that fact to the satisfaction of the board of
   1-19  trustees of the district at a hearing held for that purpose, the
   1-20  parent may choose to have the student's assessment instrument
   1-21  withheld from grading.
   1-22        (c)  The State Board of Education shall adopt rules necessary
   1-23  to implement this section.
   1-24        SECTION 2.  Section 552.122, Government Code, is amended to
    2-1  conform to Section 8.30, Chapter 347, Acts of the 73rd Legislature,
    2-2  Regular Session, 1993, to read as follows:
    2-3        Sec. 552.122.  Exception:  Curriculum Objectives and Test
    2-4  Items.  (a)  Except as provided by Section 35.0301, Education Code,
    2-5  a <A curriculum objective or> test item developed by an educational
    2-6  institution that is funded wholly or in part by state revenue is
    2-7  excepted from the requirements of Section 552.021.
    2-8        (b)  Except as provided by Section 35.0301, Education Code, a
    2-9  <A> test item developed by a licensing agency or governmental body
   2-10  is excepted from the requirements of Section 552.021.
   2-11        SECTION 3.  Section 35.0301, Education Code, as added by this
   2-12  Act, applies beginning with the 1995-1996 school year.
   2-13        SECTION 4.  The importance of this legislation and the
   2-14  crowded condition of the calendars in both houses create an
   2-15  emergency and an imperative public necessity that the
   2-16  constitutional rule requiring bills to be read on three several
   2-17  days in each house be suspended, and this rule is hereby suspended,
   2-18  and that this Act take effect and be in force from and after its
   2-19  passage, and it is so enacted.