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  82R13380 GCB-F
 
  By: Seliger S.B. No. 1403
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the administration to public school students in certain
  grades of state-administered assessment instruments.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 39.023, Education Code, is amended by
  amending Subsections (a) and (a-1) and adding Subsections (a-2),
  (a-3), (a-4), (a-5), (a-6), and (a-7) 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 be assessed in:
               (1)  mathematics, [annually] in grades three and five
  [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, five, and
  [through] eight;
               (3)  writing, including spelling and grammar, in grades
  five and eight [four and seven];
               (4)  social studies, in grade eight; and
               (5)  science, in grades five and eight[; and
               [(6) any other subject and grade required by federal
  law].
         (a-1)  The agency shall develop assessment instruments
  required under Subsections (a), (a-2), (a-3), and (a-4) [Subsection
  (a)] in a manner that allows, to the extent practicable:
               (1)  the score a student receives to provide reliable
  information relating to a student's satisfactory performance for
  each performance standard under Section 39.0241; and
               (2)  an appropriate range of performances to serve as a
  valid indication of growth in student achievement.
         (a-2)  A student shall be assessed in grade four in a subject
  for which an assessment instrument is administered under Subsection
  (a) in grade three if, on the final assessment instrument in that
  subject administered under Subsection (a) to the student in grade
  three during the preceding school year, the student did not achieve
  a scale score equal to or greater than the sum of the scale score
  that indicates satisfactory performance on that assessment
  instrument, as determined by the commissioner under Section
  39.0241(a), plus 100 scale score points.
         (a-3)  A student shall be assessed in grade six in a subject
  for which an assessment instrument is administered under Subsection
  (a) in grade five if, on the final assessment instrument in that
  subject administered under Subsection (a) to the student in grade
  five during the preceding school year, the student did not achieve a
  scale score equal to or greater than the sum of the scale score that
  indicates satisfactory performance on that assessment instrument,
  as determined by the commissioner under Section 39.0241(a), plus
  100 scale score points.
         (a-4)  A student shall be assessed in grade seven in a
  subject for which an assessment instrument was administered under
  Subsection (a-3) to the student in grade six if, on the final
  assessment instrument in that subject administered to the student
  in grade six during the preceding school year, the student did not
  achieve a scale score equal to or greater than the sum of the scale
  score that indicates satisfactory performance on that assessment
  instrument, as determined by the commissioner under Section
  39.0241(a), plus 100 scale score points.
         (a-5)  A student assessed in mathematics under Subsection
  (a-2), (a-3), or (a-4) shall be assessed without the aid of
  technology.
         (a-6)  A school district or open-enrollment charter school
  may, for its own use in determining whether students are performing
  at a satisfactory level, administer to a student at the appropriate
  grade level, other than a student required to be assessed, an
  assessment instrument developed for purposes of Subsection (a-2),
  (a-3), or (a-4). At the request of a school district or
  open-enrollment charter school, the agency shall provide, allow for
  the administration of, and score each assessment instrument
  administered under this subsection in the same manner and at the
  same cost as for assessment instruments required to be administered
  under the applicable subsection. The results of an assessment
  instrument administered under this subsection may not be included
  as an indicator of student achievement under Section 39.054 or any
  other provision.
         (a-7)  If there is a conflict between this section and
  federal law as a result of forgoing under this section certain
  administration of assessment instruments to students who have
  recently performed successfully on assessment instruments
  assessing the same subject, the commissioner shall seek a waiver
  from the application of conflicting federal law. In seeking a
  waiver, the commissioner shall submit all relevant data, including
  data relating to:
               (1)  the likelihood that a student who achieves a scale
  score on an assessment instrument equal to or greater than the sum
  of the scale score that indicates satisfactory performance on the
  assessment instrument plus 100 scale score points will, in
  subsequent years, perform satisfactorily on assessment instruments
  in the same subject;
               (2)  the costs associated with ongoing assessment of
  students who have proven likely to perform successfully on
  subsequent assessment instruments; and
               (3)  the benefit of redirecting resources from
  assessment of students who have proven likely to perform
  successfully on subsequent assessment instruments toward enabling
  lower performing students to perform successfully on assessment
  instruments after one school year.
         SECTION 2.  This Act applies beginning with the 2011-2012
  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, 2011.