82R10701 CAS-D

By: Callegari H.B. No. 2514

A BILL TO BE ENTITLED

AN ACT

relating to state administration of assessment instruments to public school students.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 28.025(c) and (e), Education Code, are amended to read as follows:

(c) A person may receive a diploma if the person is eligible for a diploma under Section 28.0251. In other cases, a student may graduate and receive a diploma only if:

(1) the student successfully completes the curriculum requirements identified by the State Board of Education under Subsection (a) [and complies with Section 39.025]; or

(2) the student successfully completes an individualized education program developed under Section 29.005.

(e) Each school district shall report the academic achievement record of students who have completed a minimum, recommended, or advanced high school program on transcript forms adopted by the State Board of Education. The transcript forms adopted by the board must be designed to clearly differentiate between each of the high school programs [and identify whether a student received a diploma or a certificate of coursework completion].

SECTION 2. Section 39.022, Education Code, is amended to read as follows:

Sec. 39.022. ASSESSMENT PROGRAM. The State Board of Education [by rule] shall administer [create and implement] a statewide assessment program that is knowledge- and skills-based to ensure school accountability for student achievement that achieves the goals provided under Section 4.002. The board may adopt rules to the extent necessary for the administration of the assessment program in accordance with this subchapter. [After adopting rules under this section, the State Board of Education shall consider the importance of maintaining stability in the statewide assessment program when adopting any subsequent modification of the rules.]

SECTION 3. The heading to Section 39.023, Education Code, is amended to read as follows:

Sec. 39.023. [ADOPTION AND] ADMINISTRATION OF INSTRUMENTS.

SECTION 4. Sections 39.023(a), (h), and (i), Education Code, are 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.] All students, except students [assessed under Subsection (b) or (l) or] exempted in accordance with commissioner rule [under Section 39.027], shall be assessed, using an appropriate, nationally recognized, norm-referenced assessment instrument, in:

(1) mathematics, annually in grades three through seven without the aid of technology and in grade eight with the aid of technology on any assessment instrument that includes algebra;

(2) reading, annually in grades three through eight;

(3) writing, including spelling and grammar, in grades four and seven;

(4) social studies, in grade eight;

(5) science, in grades five and eight; [and]

(6) college readiness, in grade 11, using a college admissions examination; and

(7) any other subject and grade required by federal law.

(h) The agency shall notify students or parents and guardians, as appropriate, school districts, and campuses of the results of assessment instruments administered under this section at the earliest possible date determined by the State Board of Education but not later than the beginning of the subsequent school year.

(i) [The provisions of this section, except Subsection (d), are subject to modification by rules adopted under Section 39.022.] Each assessment instrument administered under this section [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.

SECTION 5. Section 39.031, Education Code, is amended to read as follows:

Sec. 39.031. COST. The cost of [preparing,] administering[, or grading] the assessment instruments under Section 39.023(a) [and releasing the question and answer keys under Section 39.023(e)] shall be paid from amounts appropriated to the agency.

SECTION 6. The following provisions of the Education Code are repealed:

(1) Section 28.0211;

(2) Section 28.025(d);

(3) Sections 39.023(a-1), (b), (c), (c-1), (c-2), (c-3), (c-4), (c-5), (c-6), (d), (e), (f), (g), (l), (m), (n), (o), and (p);

(4) Section 39.0231;

(5) Section 39.0232;

(6) Section 39.0233;

(7) Section 39.0234;

(8) Section 39.024;

(9) Sections 39.0241(a-1), (a-2), and (c);

(10) Section 39.0242;

(11) Section 39.025;

(12) Section 39.026;

(13) Section 39.0261;

(14) Section 39.027;

(15) Section 39.028;

(16) Section 39.030(a);

(17) Section 39.033;

(18) Section 39.034;

(19) Section 39.035;

(20) Section 39.036; and

(21) Section 39.037.

SECTION 7. As of the effective date of this Act, the Texas Education Agency may not perform research or development concerning assessment instruments under Subchapter B, Chapter 39, Education Code, as that subchapter existed before amendment by this Act.

SECTION 8. Not later than October 1, 2012, the Texas Education Agency shall apply to the United States Department of Education for any waiver necessary to implement, in compliance with federal law and regulations, Subchapter B, Chapter 39, Education Code, as amended by this Act.

SECTION 9. This Act applies beginning with the 2011-2012 school year.

SECTION 10. 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, 2011.