82R10737 VOO-D

By: Isaac H.B. No. 3083

A BILL TO BE ENTITLED

AN ACT

relating to exemption from assessment instruments for students attending public school campuses that are awarded certain distinction designations.

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

SECTION 1. Sections 39.023(a) 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 under Section 39.027 or 39.0271, shall be assessed 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) any other subject and grade required by federal law.

(i) The provisions of this section, except Subsection (d), are subject to modification by rules adopted under Section 39.022. A modification by rule under this section does not affect Section 39.0271. 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.

SECTION 2. The heading to Section 39.027, Education Code, is amended to read as follows:

Sec. 39.027. STUDENT EXEMPTION.

SECTION 3. Subchapter B, Chapter 39, Education Code, is amended by adding Section 39.0271 to read as follows:

Sec. 39.0271. CAMPUS EXEMPTION. (a) A student who attends a campus that was awarded a recognized distinction designation under Section 39.202 in the preceding school year is exempt from the administration of an assessment instrument under Section 39.023(a), (b), (c), or (l) for the school year after the school year the campus was awarded the distinction.

(b) A student who attends a campus that was awarded an exemplary distinction designation under Section 39.202 is exempt from the administration of an assessment instrument under Section 39.023(a), (b), (c), or (l) for the two school years after the school year the campus was awarded the distinction.

(c) Notwithstanding Sections 28.025(c)(1) and 39.025, a student enrolled at a campus at which students are exempt from administration of assessment instruments under this section who would otherwise take an end-of-course assessment instrument under Section 39.023(c) may graduate and receive a high school diploma without being administered the assessment instrument.

SECTION 4. Section 39.052, Education Code, is amended by adding Subsection (h) to read as follows:

(h) In determining the accreditation status of a school district, the commissioner may not consider a campus whose students are exempt from assessment instruments under Section 39.0271 in evaluating the performance of the district on the assessment instruments.

SECTION 5. Section 39.054, Education Code, is amended by adding Subsection (g) to read as follows:

(g) In evaluating school district and campus performance under this section, the commissioner may not consider assessment instruments for a campus whose students are exempt under Section 39.0271 from administration of those assessment instruments.

SECTION 6. This Act applies to campuses that are awarded distinction designations beginning with the 2011-2012 school year.

SECTION 7. 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.