By:  Hochberg                                                     H.B. No. 2811



A BILL TO BE ENTITLED

AN ACT

relating to the inclusion of more difficult questions in the 
assessment of knowledge and skills used in the public school 
accountability system.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 39.023(a) and (c), Education Code, is 
amended to read as follows:
	(a)  The agency shall adopt or develop appropriate 
criterion-referenced assessment instruments designed to assess 
essential knowledge and skills in reading, writing, mathematics, 
social studies, and science.  The agency may include questions that 
test a broader range of knowledge and skills or that are at a higher 
difficulty level for the purpose of differentiating student 
achievement.  Students shall not be required to answer such 
questions correctly in order to pass the test or be advanced to the 
next grade level, and such questions may be treated as field test 
items for purposes of releasing test questions under Section 
39.023(g).  All students, except students assessed under Subsection 
(b) or (l) or exempted under Section 39.027, shall be assessed in:
		(1)  mathematics, annually in grades three through 
seven without the aid of technology and in grades eight through 11 
with the aid of technology on any assessment instruments that 
include algebra;
		(2)  reading, annually in grades three through nine;                          
		(3)  writing, including spelling and grammar, in grades 
four and seven;     
		(4)  English language arts, in grade 10;                                      
		(5)  social studies, in grades eight and 10;                                  
		(6)  science, in grades five, eight, and 10; and                              
		(7)  any other subject and grade required by federal 
law.                   
	(c)  The agency shall also adopt secondary exit-level 
assessment instruments designed to be administered to students in 
grade 11 to assess essential knowledge and skills in mathematics, 
English language arts, social studies, and science.  The agency may 
include questions that test a broader range of knowledge and skills 
or that are at a higher difficulty level for the purpose of 
differentiating student achievement.  Students shall not be 
required to answer such questions correctly in order to pass the 
test or be advanced to the next grade level, and such questions may 
be treated as field test items for purposes of releasing test 
questions under Section 39.023(g).  The mathematics section must 
include at least Algebra I and geometry with the aid of technology.  
The English language arts section must include at least English III 
and must include the assessment of essential knowledge and skills 
in writing.  The social studies section must include early American 
and United States history.  The science section must include at 
least biology and integrated chemistry and physics.  The assessment 
instruments must be designed to assess a student's mastery of 
minimum skills necessary for high school graduation and readiness 
to enroll in an institution of higher education.  If a student is in 
a special education program under Subchapter A, Chapter 29, the 
student's admission, review, and dismissal committee shall 
determine whether any allowable modification is necessary in 
administering to the student an assessment instrument required 
under this subsection or whether the student should be exempted 
under Section 39.027(a)(2).  The State Board of Education shall 
administer the assessment instruments.  The State Board of 
Education shall adopt a schedule for the administration of 
secondary exit-level assessment instruments.  Each student who did 
not perform satisfactorily on any secondary exit-level assessment 
instrument when initially tested shall be given multiple 
opportunities to retake that assessment instrument.  A student who 
performs at or above a level established by the Texas Higher 
Education Coordinating Board on the secondary exit-level 
assessment instruments is exempt from the requirements of Section 
51.306.
	SECTION 2.  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.