83R2237 CAS-D
 
  By: Hernandez Luna H.B. No. 504
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to restricting certain state and school district
  assessments of public school students in prekindergarten and
  kindergarten.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 39, Education Code, is
  amended by adding Section 39.0263 to read as follows:
         Sec. 39.0263.  RESTRICTION ON ASSESSMENT OF STUDENTS IN
  CERTAIN GRADE LEVELS. (a) Except as provided by Subsection (b),
  the agency, the State Board of Education, or a school district may
  not require administration of a standardized criterion-referenced
  or norm-referenced assessment instrument, including an achievement
  test, to students in prekindergarten or kindergarten.
         (b)  Subsection (a) does not apply to:
               (1)  a reading instrument administered under Section
  28.006;
               (2)  an English language proficiency test under Section
  29.056(a); or
               (3)  an assessment instrument administered to students
  in one or more of a school's prekindergarten or kindergarten
  classes to assess learning of specific instructional material, such
  as a spelling test.
         SECTION 2.  Section 39.026, Education Code, is amended to
  read as follows:
         Sec. 39.026.  LOCAL OPTION. In addition to the assessment
  instruments adopted by the agency and administered by the State
  Board of Education, a school district may adopt and administer
  criterion-referenced or norm-referenced assessment instruments, or
  both, at any grade level beginning at the first grade level. A
  norm-referenced assessment instrument adopted under this section
  must be economical, nationally recognized, and state-approved.
         SECTION 3.  This Act applies beginning with the 2013-2014
  school year.
         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, 2013.