80R7280 KKA-F
 
  By: Branch H.B. No. 3228
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a pilot program for the electronic
administration of assessment instruments in public schools.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.0235 to read as follows:
       Sec. 39.0235.  PILOT PROGRAM: ELECTRONIC ADMINISTRATION OF
ASSESSMENT INSTRUMENTS. (a) The commissioner shall establish a
pilot program to evaluate the feasibility of administering
assessment instruments required under Section 39.023
electronically through the use of personal digital assistant
devices.
       (b)  The commissioner shall adopt rules necessary for the
implementation of the pilot program. The rules must:
             (1)  define the scope of the program;
             (2)  establish a procedure and criteria for the
selection of school districts and schools for participation in the
program;
             (3)  establish a procedure and criteria for the
selection of one or more vendors to provide equipment and services
necessary for the program, which procedure and criteria must
involve the selection of vendors on the basis of competitive
proposals submitted by prospective vendors;
             (4)  define the conditions applicable to distribution
and use of the personal digital assistant devices and associated
software necessary to provide for electronic administration of the
assessment instruments;
             (5)  establish procedures for contracting for,
purchasing, and distributing the personal digital assistant
devices and associated software to participating school districts
and schools; and
             (6)  provide for ensuring the security of the
electronic administration of the assessment instruments.
       (c)  Not later than December 1, 2010, the commissioner shall
submit a report evaluating the pilot program to the governor, the
lieutenant governor, the speaker of the house of representatives,
each member of the legislature, the Legislative Budget Board, and
the clerks of the standing committees of the senate and house of
representatives with primary jurisdiction over the public school
system.
       (d)  This section expires September 1, 2011.
       SECTION 2.  Section 39.031(a), Education Code, is amended to
read as follows:
       (a)  The cost of preparing, administering, including
administering through electronic means, or grading the assessment
instruments shall be paid from the funds allotted under Section
42.152, and each district shall bear the cost in the same manner
described for a reduction in allotments under Section 42.253. If a
district does not receive an allotment under Section 42.152, the
commissioner shall subtract the cost from the district's other
foundation school fund allotments.
       SECTION 3.  In implementing the pilot program required by
Section 39.0235, Education Code, as added by this Act, the
commissioner of education shall, not later than the 90th day after
the effective date of this Act:
             (1)  define the scope of the project and the procedures
and criteria for selection of participating school districts and
schools; and
             (2)  complete the selection of vendors to be used in
administering the program.
       SECTION 4.  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.