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.