80R2253 KKA-D
 
  By: Villarreal H.B. No. 1320
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the administration of certain assessment instruments to
public school students under the statewide assessment program.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 39.023, Education Code, is amended by
amending Subsections (a), (c), and (i) and adding Subsection (o) 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. All students, except students
assessed under Subsection (b) or (l) or exempted under Section
39.027, shall, through an assessment instrument administered to
students in September, 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
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 in
September. [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 51.3062 [51.306].
       (i)  The provisions of this section, except Subsection (d)
and any provision requiring the administration of an assessment
instrument in September, are subject to modification by rules
adopted under Section 39.022. Each assessment instrument adopted
under those rules and each assessment instrument required under
Subsection (d) must be reliable and valid and must meet any
applicable federal requirements for measurement of student
progress.
       (o)  The requirement that assessment instruments
administered under Subsections (a) and (c) be administered in
September does not preclude the additional administration of the
assessment instruments on one or more subsequent dates in the
school year.
       SECTION 2.  This Act applies beginning with the 2007-2008
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, 2007.