By Culberson H.B. No. 2983
76R2276 BDH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to assessment instruments used to measure performance in
1-3 primary and secondary schools.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 39.023, Education Code, is amended to
1-6 read as follows:
1-7 Sec. 39.023. ADOPTION AND ADMINISTRATION OF INSTRUMENTS.
1-8 (a) The agency shall adopt appropriate, nationally recognized
1-9 [criterion-referenced] assessment instruments designed to assess
1-10 competencies in reading, writing, mathematics, social studies, and
1-11 science. All students, except students assessed under Subsection
1-12 (b) or exempted under Section 39.027, shall be assessed in:
1-13 (1) reading and mathematics, annually in grades three
1-14 through eight;
1-15 (2) writing, in grades four and eight; and
1-16 (3) social studies and science, at an appropriate
1-17 grade level determined by the State Board of Education.
1-18 (b) The agency shall develop or adopt appropriate
1-19 [criterion-referenced] assessment instruments to be administered to
1-20 each student in a special education program under Subchapter A,
1-21 Chapter 29, who receives instruction in the essential knowledge and
1-22 skills identified under Section 28.002 but for whom the assessment
1-23 instruments adopted under Subsection (a), even with allowable
1-24 modifications, would not provide an appropriate measure of student
2-1 achievement, as determined by the student's admission, review, and
2-2 dismissal committee. The assessment instruments required under
2-3 this subsection must assess competencies and growth in reading,
2-4 mathematics, and writing. A student's admission, review, and
2-5 dismissal committee shall determine whether any allowable
2-6 modification is necessary in administering to the student an
2-7 assessment instrument required under this subsection. The
2-8 assessment instruments required under this subsection shall be
2-9 administered on the same schedule as the assessment instruments
2-10 administered under Subsection (a).
2-11 (c) The agency shall also adopt appropriate, nationally
2-12 recognized secondary exit-level assessment instruments designed to
2-13 assess competencies in mathematics and English language arts. The
2-14 English language arts section must include the assessment of
2-15 writing competencies. If a student is in a special education
2-16 program under Subchapter A, Chapter 29, the student's admission,
2-17 review, and dismissal committee shall determine whether any
2-18 allowable modification is necessary in administering to the student
2-19 an assessment instrument required under this subsection or whether
2-20 the student should be exempted under Section 39.027(a)(2). The
2-21 State Board of Education shall administer the assessment
2-22 instruments. The State Board of Education shall adopt a schedule
2-23 for the administration of secondary exit-level assessment
2-24 instruments. Each student who did not perform satisfactorily on
2-25 any secondary exit-level assessment instrument when initially
2-26 tested shall be given multiple opportunities to retake that
2-27 assessment instrument.
3-1 (d) The agency shall adopt end-of-course assessment
3-2 instruments for students in secondary grades who have completed
3-3 Algebra I, Biology I, English II, and United States history. If a
3-4 student is in a special education program under Subchapter A,
3-5 Chapter 29, the student's admission, review, and dismissal
3-6 committee shall determine whether any allowable modification is
3-7 necessary in administering to the student an assessment instrument
3-8 required under this subsection or whether the student should be
3-9 exempted under Section 39.027(a)(2).
3-10 (e) Under rules adopted by the State Board of Education, and
3-11 except as provided by this subsection, the agency shall release the
3-12 questions and answer keys to each assessment instrument
3-13 administered under Subsection (a), (b), (c), or (d) after the last
3-14 time the instrument is administered for a school year. To ensure a
3-15 valid bank of questions for use each year, the agency is not
3-16 required to release a question that is being field-tested and was
3-17 not used to compute the student's score on the instrument. The
3-18 agency shall also release, under board rule, each question that is
3-19 no longer being field-tested and that was not used to compute a
3-20 student's score. This subsection does not require the agency to
3-21 release questions and answers relating to a nationally recognized
3-22 assessment instrument if release is prohibited by the person who
3-23 developed the instrument or other appropriate person with authority
3-24 over use of the instrument.
3-25 (f) The assessment instruments shall [be designed to]
3-26 include assessment of a student's problem-solving ability and
3-27 complex-thinking skills using a method of assessing those abilities
4-1 and skills that is demonstrated to be highly reliable.
4-2 (g) [The State Board of Education may adopt one appropriate,
4-3 nationally recognized, norm-referenced assessment instrument in
4-4 reading and mathematics to be administered to a selected sample of
4-5 students in the spring. If adopted, a norm-referenced assessment
4-6 instrument must be a secured test. The state may pay the costs of
4-7 purchasing and scoring the adopted assessment instrument and of
4-8 distributing the results of the adopted instrument to the school
4-9 districts. A district that administers the norm-referenced test
4-10 adopted under this subsection shall report the results to the
4-11 agency in a manner prescribed by the commissioner.]
4-12 [(h)] The agency shall notify school districts and campuses
4-13 of the results of assessment instruments administered under this
4-14 section at the earliest possible date determined by the State Board
4-15 of Education but not later than the beginning of the subsequent
4-16 school year.
4-17 (h) [(i)] The provisions of this section are subject to
4-18 modification by rules adopted under Section 39.022. Each
4-19 assessment instrument adopted under those rules must be reliable
4-20 and valid and must meet any applicable federal requirements for
4-21 measurement of student progress.
4-22 (i) [(j)] The State Board of Education shall administer the
4-23 end-of-course assessment instruments under Subsection (d) in
4-24 Algebra I and Biology I. Not later than the 1998-1999 school year,
4-25 the State Board of Education shall administer the end-of-course
4-26 assessment instruments under Subsection (d) in English II and
4-27 United States history. This subsection expires September 1, 2001.
5-1 (j) [(k)] Notwithstanding Subsection (e), the agency shall
5-2 initially release under Subsection (e) the questions and answer
5-3 keys to each assessment instrument administered under Subsection
5-4 (b) during the third school year in which the instrument is
5-5 administered after the last time the instrument is administered for
5-6 that school year. This subsection expires September 1, 2004.
5-7 SECTION 2. Section 39.028, Education Code, is amended to
5-8 read as follows:
5-9 Sec. 39.028. COMPARISON OF STATE RESULTS TO NATIONAL RESULTS.
5-10 The state assessment program shall obtain nationally comparative
5-11 results for the subject areas and grade levels for which any
5-12 criterion-referenced assessment instruments are adopted under
5-13 Section 39.023.
5-14 SECTION 3. (a) This Act takes effect September 1, 1999.
5-15 (b) The Texas Education Agency shall adopt appropriate,
5-16 nationally recognized assessment instruments under Sections
5-17 39.023(a) and (c), Education Code, as amended by this Act, not
5-18 later than July 1, 2000. Those assessment instruments shall be
5-19 administered to students beginning with the 2000-2001 school year.
5-20 (c) During the 1999-2000 school year, students shall be
5-21 administered assessment instruments in accordance with Section
5-22 39.023, Education Code, as that section existed before amendment by
5-23 this Act, and the former law is continued in effect for that
5-24 purpose.
5-25 SECTION 4. The importance of this legislation and the
5-26 crowded condition of the calendars in both houses create an
5-27 emergency and an imperative public necessity that the
6-1 constitutional rule requiring bills to be read on three several
6-2 days in each house be suspended, and this rule is hereby suspended.