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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of certain state-adopted or |
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state-developed assessment instruments to public school students. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 39.023, Education Code, is amended by |
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amending Subsection (a) and adding Subsections (a-3), (a-4), (a-5), |
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and (a-6) to read as follows: |
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(a) The agency shall adopt or develop appropriate |
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criterion-referenced assessment instruments designed to assess |
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essential knowledge and skills in reading, [writing,] mathematics, |
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social studies, and science. Except as provided by Subsection |
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(a-2), all students, other than students assessed under Subsection |
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(b) or (l) or exempted under Section 39.027, shall be assessed in: |
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(1) mathematics, annually in grades three through |
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seven without the aid of technology and in grade eight with the aid |
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of technology on any assessment instrument that includes algebra; |
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(2) reading, annually in grades three through eight; |
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(3) [writing, including spelling and grammar, in
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grades four and seven;
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[(4)] social studies, in grade eight; |
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(4) [(5)] science, in grades five and eight; and |
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(5) [(6)] any other subject and grade required by |
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federal law. |
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(a-3) Before an assessment instrument adopted or developed |
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under Subsection (a) may be administered under that subsection, the |
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assessment instrument must, on the basis of empirical evidence, be |
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determined to be valid and reliable by an entity that is independent |
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of the agency and of any other entity that developed the assessment |
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instrument. |
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(a-4) The agency shall ensure that an assessment instrument |
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adopted or developed under Subsection (a) is designed to primarily |
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assess the essential knowledge and skills identified by the State |
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Board of Education under Section 28.002 of the subject and for the |
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grade level for which the assessment instrument is administered. |
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Only to the extent necessary or helpful for diagnostic or reporting |
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purposes, the assessment instrument may also assess supporting |
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knowledge or skills that are introduced or referenced in the |
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subject and for the grade level for which the assessment instrument |
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is administered but that are identified as essential knowledge or |
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skills primarily of a different subject or for a different grade |
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level. |
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(a-5) An assessment instrument adopted or developed under |
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Subsection (a) must be designed so that: |
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(1) if administered to students in grades three |
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through five, 85 percent of students will be able to complete the |
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assessment instrument within 120 minutes; and |
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(2) if administered to students in grades six through |
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eight, 85 percent of students will be able to complete the |
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assessment instrument within 180 minutes. |
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(a-6) The amount of time allowed for administration of an |
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assessment instrument adopted or developed under Subsection (a) may |
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not exceed eight hours, and the administration may occur on only one |
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day. |
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SECTION 2. Subchapter B, Chapter 39, Education Code, is |
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amended by adding Section 39.0263 to read as follows: |
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Sec. 39.0263. ADMINISTRATION OF DISTRICT-REQUIRED |
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BENCHMARK ASSESSMENT INSTRUMENTS TO PREPARE STUDENTS FOR |
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STATE-ADMINISTERED ASSESSMENT INSTRUMENTS. (a) |
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In this section, |
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"benchmark assessment instrument" means a district-required |
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assessment instrument designed to prepare students for a |
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corresponding state-administered assessment instrument. |
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(b) Except as provided by Subsection (c), a school district |
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may not administer to any student more than two benchmark |
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assessment instruments to prepare the student for a corresponding |
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state-administered assessment instrument. |
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(c) The prohibition prescribed by this section does not |
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apply to the administration of a college preparation assessment |
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instrument, including the PSAT, the ACT-Plan, the SAT, or the ACT, |
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an advanced placement test, an international baccalaureate |
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examination, or an independent classroom examination designed or |
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adopted and administered by a classroom teacher. |
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(d) A parent of or person standing in parental relation to a |
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student who has special needs, as determined in accordance with |
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commissioner rule, may request administration to the student of |
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additional benchmark assessment instruments. |
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SECTION 3. Section 39.053, Education Code, is amended by |
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adding Subsection (c-1) to read as follows: |
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(c-1) The indicator of student achievement under Subsection |
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(c)(1) may not include student performance as to supporting |
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knowledge or skills as described by Section 39.023(a-4). |
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SECTION 4. This Act applies beginning with the 2013-2014 |
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school year. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |