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AN ACT
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relating to the essential knowledge and skills of the required |
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public school curriculum and to certain assessment instruments for |
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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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adding Subsections (a-11), (a-12), and (a-13) to read as follows: |
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(a-11) 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-12) 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-13) 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 39.0236 to read as follows: |
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Sec. 39.0236. STUDY OF ESSENTIAL KNOWLEDGE AND SKILLS AND |
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ASSESSMENT INSTRUMENTS. (a) The agency shall conduct a study |
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regarding the essential knowledge and skills of the required |
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curriculum identified by the State Board of Education under Section |
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28.002 and assessment instruments administered under Section |
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39.023. |
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(b) The study must evaluate: |
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(1) the number and scope of the essential knowledge |
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and skills of each subject of the required curriculum under Section |
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28.002, with each essential knowledge or skill identified as a |
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readiness or supporting standard, and whether the number or scope |
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should be limited; |
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(2) the number and subjects of assessment instruments |
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under Section 39.023 that are required to be administered to |
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students in grades three through eight; and |
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(3) how assessment instruments described by |
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Subdivision (2) assess standards essential for student success and |
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whether the assessment instruments should also assess supporting |
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standards, including analysis of: |
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(A) the portion of the essential knowledge and |
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skills capable of being accurately assessed; |
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(B) the appropriate skills that can be assessed |
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within the testing parameters under current law; and |
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(C) how current standards compare to those |
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parameters. |
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(c) Not later than March 1, 2016, the agency shall prepare |
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and submit to the State Board of Education a report concerning the |
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results of the study under Subsection (b). Not later than May 1, |
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2016, the State Board of Education shall review the study and shall |
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submit to the governor and each member of the legislature the |
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agency's report and board recommendations regarding each issue |
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evaluated under Subsection (b). |
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(d) This section expires June 1, 2017. |
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SECTION 3. Sections 39.0261(b) and (c), Education Code, are |
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amended to read as follows: |
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(b) The agency shall: |
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(1) select and approve vendors of the specific |
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assessment instruments administered under this section; and |
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(2) provide reimbursement to a school district |
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for [pay] all fees associated with the administration of the |
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assessment instrument from funds appropriated for that purpose |
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[allotted under the Foundation School Program, and the commissioner
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shall reduce the total amount of state funds allocated to each
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district from any source in the same manner described for a
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reduction in allotments under Section 42.253]. |
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(c) The agency shall ensure that a school district is not |
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reimbursed [vendors are not paid] under Subsection (b) for the |
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administration of an assessment instrument to a student to whom the |
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assessment instrument is not actually administered. The agency may |
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comply with this subsection by any reasonable means, including by |
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creating a refund system under which a school district [vendor] |
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returns any payment made for a student who registered for the |
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administration of an assessment instrument but did not appear for |
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the administration. |
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SECTION 4. Subchapter B, Chapter 39, Education Code, is |
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amended by adding Section 39.0381 to read as follows: |
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Sec. 39.0381. AUDITING AND MONITORING PERFORMANCE UNDER |
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CONTRACTS FOR ASSESSMENT INSTRUMENTS. (a) The agency by rule shall |
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develop a comprehensive methodology for auditing and monitoring |
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performance under contracts for services to develop or administer |
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assessment instruments required by Section 39.023 to verify |
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compliance with contractual obligations. |
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(b) The agency shall ensure that all new and renewed |
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contracts described by Subsection (a) include a provision that the |
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agency or a designee of the agency may conduct periodic contract |
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compliance reviews, without advance notice, to monitor vendor |
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performance. |
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(c) The agency shall adopt rules to administer this section. |
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SECTION 5. This Act applies beginning with the 2015-2016 |
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school year. |
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SECTION 6. 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, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 743 was passed by the House on May 4, |
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2015, by the following vote: Yeas 137, Nays 2, 1 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 743 on May 27, 2015, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 743 on May 31, 2015, by the following vote: Yeas 143, |
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Nays 1, 1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 743 was passed by the Senate, with |
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amendments, on May 25, 2015, by the following vote: Yeas 27, Nays |
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4; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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743 on May 30, 2015, by the following vote: Yeas 27, Nays 4. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |