BILL ANALYSIS

C.S.H.B. 742

By: Huberty

Public Education

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Observers note that current law requires public school students in Texas to take standardized tests for mathematics and reading annually in grades three through eight, social studies in grade eight, science in grades five and eight, and writing in grades four and seven, as well as certain end-of-course tests for secondary-level courses. C.S.H.B. 742 seeks to eliminate certain state-required tests that are not required under federal law.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 742 amends the Education Code to remove social studies from the subjects assessed in appropriate statewide standardized tests that the Texas Education Agency is required to adopt or develop. The bill removes social studies from the subjects for which a campus's outstanding performance in academic achievement is to be awarded a distinction designation by the commissioner of education. The bill's provisions apply beginning with the 2015–2016 school year.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2015.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 742 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

INTRODUCED	HOUSE COMMITTEE SUBSTITUTE
SECTION 1. Section 39.023(a), Education Code, as effective until on or before September 1, 2015, is 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. 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 (4) [(6)] any other subject and grade required by federal law.	SECTION 1. Section 39.023(a), Education Code, as effective until on or before September 1, 2015, is 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. 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 (5) [(6)] any other subject and grade required by federal law.
SECTION 2. Section 39.023(a), Education Code, as effective on or before September 1, 2015, is 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. 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, in grades three and five without the aid of technology and in grade eight with the aid of technology on any assessment instrument that includes algebra; (2) reading, in grades three, five, and eight; and (3) [writing, including spelling and grammar, in grades four and seven; [(4) social studies, in grade eight; and [(5)] science, in grades five and eight.	SECTION 2. Section 39.023(a), Education Code, as effective on or before September 1, 2015, is 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. 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, in grades three and five without the aid of technology and in grade eight with the aid of technology on any assessment instrument that includes algebra; (2) reading, in grades three, five, and eight; (3) writing, including spelling and grammar, in grades four and seven; and (4) [social studies, in grade eight; and [(5)] science, in grades five and eight.
SECTION 3. Section 39.023(a), Education Code, as effective September 1, 2017, is 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. 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 (4) [(6)] any other subject and grade required by federal law.	SECTION 3. Section 39.023(a), Education Code, as effective September 1, 2017, is 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. 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 (5) [(6)] any other subject and grade required by federal law.
SECTION 4. Section 39.023(c), Education Code, is amended to read as follows: (c) The agency shall also adopt end-of-course assessment instruments for secondary-level courses in Algebra I, biology, English I, and English II[, and United States history]. The Algebra I end-of-course assessment instrument must be administered with the aid of technology. The English I and English II end-of-course assessment instruments must each assess essential knowledge and skills in both reading and writing in the same assessment instrument and must provide a single score. A school district shall comply with State Board of Education rules regarding administration of the assessment instruments listed in this subsection. If a student is in a special education program under Subchapter A, Chapter 29, the student's admission, review, and dismissal committee shall determine whether any allowable modification is necessary in administering to the student an assessment instrument required under this subsection. The State Board of Education shall administer the assessment instruments. The State Board of Education shall adopt a schedule for the administration of end-of-course assessment instruments that complies with the requirements of Subsection (c-3).	No equivalent provision.
SECTION 5. Section 39.203(c), Education Code, is amended.	SECTION 4. Same as introduced version.
SECTION 6. This Act applies beginning with the 2015-2016 school year.	SECTION 5. Same as introduced version.
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, 2015.	SECTION 6. Same as introduced version.