83R9017 CAS-F

By: Patrick H.B. No. 2552

A BILL TO BE ENTITLED

AN ACT

relating to administration of certain state assessment instruments only to a scientifically valid statistical sample of students.

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

SECTION 1. Section 39.023, Education Code, is amended by amending Subsections (a), (b), (c-1), (l), and (n) and adding Subsection (q) 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. Notwithstanding any other provision of this chapter, the assessment instruments shall be administered to the smallest percentage of students whose performance on the assessment instruments represents a scientifically valid statistical sample of the performance of the state's students in the applicable grades and of the appropriate racial, ethnic, and socioeconomic subpopulations of those students. As necessary to comply with federal law, the agency may use the statistical sampling method used for the administration of the National Assessment of Educational Progress (NAEP) assessments for purposes of the No Child Left Behind Act of 2001 (20 U.S.C. Section 6301 et seq.). In accordance with this subsection, [Except as provided by Subsection (a-2), all] students[, other than students assessed under Subsection (b) or (l) or exempted under Section 39.027,] 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.

(b) The agency shall develop or adopt appropriate criterion-referenced alternative assessment instruments to be administered in accordance with this subsection to students [each student] in [a] special education programs [program] under Subchapter A, Chapter 29, for whom an assessment instrument adopted under Subsection (a), even with allowable accommodations, would not provide an appropriate measure of student achievement, as determined by a [the] student's admission, review, and dismissal committee. Notwithstanding any other provision of this chapter, the assessment instruments shall be administered to the smallest percentage of students in special education programs under Subchapter A, Chapter 29, in each grade level specified by Subsection (a) whose performance on the assessment instruments represents a scientifically valid statistical sample of student performance for each purpose for which the agency is required or otherwise intends to use the results. As necessary to comply with federal law, the agency may use the statistical sampling method used for the administration of the National Assessment of Educational Progress (NAEP) assessments for purposes of the No Child Left Behind Act of 2001 (20 U.S.C. Section 6301 et seq.).

(c-1) The agency shall develop any assessment instrument required under this section in a manner that, to the greatest extent practicable, allows for the measurement of annual improvement in student achievement as required by Sections 39.034(c) and (d).

(l) The State Board of Education shall adopt rules for the administration, in accordance with this subsection, of the assessment instruments adopted under Subsection (a) in Spanish to students in grades three through five who are of limited English proficiency, as defined by Section 29.052, whose primary language is Spanish, and who are not otherwise exempt from the administration of an assessment instrument under Section 39.027(a)(1) or (2). A [Each] student of limited English proficiency whose primary language is Spanish, other than a student to whom Subsection (b) applies, may be assessed using assessment instruments in Spanish under this subsection for up to three years or assessment instruments in English under Subsection (a). The language proficiency assessment committee established under Section 29.063 shall determine which students to whom an assessment instrument is administered shall be [are] administered assessment instruments in Spanish under this subsection. Notwithstanding any other provision of this chapter, the assessment instruments shall be administered to the smallest percentage of students to whom this subsection applies in grades three through five whose performance on the assessment instruments represents a scientifically valid statistical sample of student performance for each purpose for which the agency is required or otherwise intends to use the results. As necessary to comply with federal law, the agency may use the statistical sampling method used for the administration of the National Assessment of Educational Progress (NAEP) assessments for purposes of the No Child Left Behind Act of 2001 (20 U.S.C. Section 6301 et seq.).

(n) This subsection applies only to a student who is determined to have dyslexia or a related disorder and who is an individual with a disability under 29 U.S.C. Section 705(20) and its subsequent amendments. The agency shall adopt or develop appropriate criterion-referenced assessment instruments designed to assess the ability of and to be administered in accordance with this subsection to students [each student] to whom this subsection applies for whom the assessment instruments adopted under Subsection (a), even with allowable modifications, would not provide an appropriate measure of student achievement, as determined by the committee established by the board of trustees of the district to determine the placement of students with dyslexia or related disorders. The committee shall determine whether any allowable modification is necessary in administering to a student an assessment instrument [required] under this subsection. Notwithstanding any other provision of this chapter, the assessment instruments shall be administered to the smallest percentage of students to whom this subsection applies in each grade level specified by Subsection (a) whose performance on the assessment instruments represents a scientifically valid statistical sample of student performance for each purpose for which the agency is required or otherwise intends to use the results. As necessary to comply with federal law, the agency may use the statistical sampling method used for the administration of the National Assessment of Educational Progress (NAEP) assessments for purposes of the No Child Left Behind Act of 2001 (20 U.S.C. Section 6301 et seq.). The assessment instruments [required] under this subsection shall be administered on the same schedule as the assessment instruments administered under Subsection (a).

(q) If there is a conflict between the administration of assessment instruments in accordance with Subsection (a), (b), (l), or (n) and a federal law or regulation as a result of the method of administration of assessment instruments under that subsection, the commissioner shall seek a waiver from the application of the conflicting federal law or regulation. In seeking a waiver, the commissioner shall submit all relevant data.

SECTION 2. Section 28.0211, Education Code, is amended by adding Subsection (q) to read as follows:

(q) The commissioner shall modify the administration of this section as necessary to conform to the administration of assessment instruments specified under Subsection (a) only to a scientifically valid statistical sample of students as provided under Section 39.023.

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.