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2003S0657-1 03/13/03


By:  Shapiro                                                      S.B. No. 1629


A BILL TO BE ENTITLED

AN ACT

relating to performance standards on assessment instruments and the 
release of assessment instruments to the public.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsection (e), Section 39.023, Education Code, 
is amended to read as follows:
	(e)(1)  Except as provided in Subdivision (2), under [Under] 
rules adopted by the State Board of Education, the agency shall 
release the questions and answer keys to each assessment instrument 
administered under Subsection (a), (b), (c), (d), or (l) after the 
last time the instrument is administered for a school year.  To 
ensure a valid bank of questions for use each year, the agency is 
not required to release a question that is being field-tested and 
was not used to compute the student's score on the instrument.  The 
agency shall also release, under board rule, each question that is 
no longer being field-tested and that was not used to compute a 
student's score.
		(2)  The commissioner may determine to use an 
assessment instrument for a second school year.  The questions and 
answer key to an assessment instrument to be used for a second 
school year are not required to be released under this section.
	SECTION 2.  Subsection (a), Section 39.024, Education Code, 
is amended to read as follows:
	(a)  Except as otherwise provided by this subsection, the 
State Board of Education shall determine the level of performance 
considered to be satisfactory on an [the] assessment instrument 
administered under this subchapter [instruments].  Not later than 
30 days before changing the level of performance considered to be 
satisfactory on an assessment instrument, the board shall hold a 
public hearing to allow interested persons to present comments 
related to the proposed change.  The admission, review, and 
dismissal committee of a student being assessed under Section 
39.023(b) shall determine the level of performance considered to be 
satisfactory on the assessment instruments administered to that 
student in accordance with criteria established by agency rule.
	SECTION 3.  Unless otherwise determined by the State Board 
of Education, the level of performance considered to be 
satisfactory on an assessment instrument is the level of 
performance determined by the board at its November 2002 meeting.  
If, before September 1, 2003, the board adopts a change in the level 
of performance considered to be satisfactory on an assessment 
instrument, the board shall hold a public hearing either before or 
at the meeting at which the change is adopted.
	SECTION 4.  (a)  Except as provided by Subsections (b) and 
(c) of this section, this Act takes effect immediately if it 
receives a vote of two-thirds of all the members elected to each 
house, as provided by Section 39, Article III, Texas Constitution.  
If this Act does not receive the vote necessary for immediate 
effect, this Act takes effect September 1, 2003.
	(b)  Sections 1 and 2 of this Act take effect September 1, 
2003.             
	(c)  The change in law made by this Act to Section 39.023, 
Government Code, applies to an assessment instrument administered 
during the 2003-2004 school year or a subsequent school year.