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.