79R8447 PAM-D

By:  Mowery                                                       H.B. No. 1974



A BILL TO BE ENTITLED

AN ACT

relating to release by the Texas Education Agency of questions and 
answer keys to assessment instruments.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 39.023, Education Code, is amended by 
amending Subsection (e) and adding Subsection (e-1) to read as 
follows:
	(e)  Under rules adopted by the State Board of Education:               
		(1)  the agency shall release to each school district 
questions and answer keys to each assessment instrument 
administered under Subsections (a), (b), (c), and (l) not later 
than the 30th day after the date results are released under 
Subsection (h); and
		(2) [,]  every other year, 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 that school year.
	(e-1)  To ensure a valid bank of questions for use in 
assessment instruments administered under Subsection (a), (b), 
(c), (d), or (l) each year, the agency is not required under 
Subsection (e) to release a question that is being field-tested and 
was not used to compute the student's score on the instrument.  The 
agency, under board rule, shall [also] release, after the last time 
an assessment instrument is administered for that school year[, 
under board rule], each question that is no longer being 
field-tested and that was not used to compute a student's score.
	SECTION 2.  This Act applies beginning with the 2005-2006 
school year.       
	SECTION 3.  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, 2005.