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          A BILL TO BE ENTITLED
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          AN ACT
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        relating to the administration of assessment instruments used to  | 
      
      
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        assess the performance of 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 Subsections (a-12), (a-13), (b-1), (c), and (c-3) and  | 
      
      
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        adding Subsections (a-14) and (c-7) to read as follows: | 
      
      
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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 all  | 
      
      
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        [the] assessment instruments for that grade [instrument] within an  | 
      
      
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        aggregate period equal to the number of assessment instruments for  | 
      
      
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        that grade multiplied by 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 all [the]  | 
      
      
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        assessment instruments for that grade [instrument] within an  | 
      
      
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        aggregate period equal to the number of assessment instruments for  | 
      
      
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        that grade multiplied by 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 in  | 
      
      
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        multiple parts over more than [on only] one day. | 
      
      
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               (a-14)  Subsections (a-12) and (a-13) do not apply to a  | 
      
      
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        classroom portfolio method used to assess writing performance. | 
      
      
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               (b-1)  The agency, in conjunction with appropriate  | 
      
      
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        interested persons, shall redevelop assessment instruments adopted  | 
      
      
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        or developed under Subsection (b) for administration to  | 
      
      
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        significantly cognitively disabled students in a manner consistent  | 
      
      
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        with federal law.  An assessment instrument under this subsection  | 
      
      
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        may not require a teacher to prepare tasks or materials for a  | 
      
      
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        student who will be administered such an assessment instrument.  A  | 
      
      
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        classroom portfolio method used to assess writing performance may  | 
      
      
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        require a teacher to prepare tasks and materials [Assessment 
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          instruments adopted or developed under this subsection shall be 
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          administered not later than the 2014-2015 school year]. | 
      
      
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               (c)  The agency shall also adopt end-of-course assessment  | 
      
      
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        instruments for secondary-level courses in Algebra I, biology,  | 
      
      
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        English I, English II, and United States history.  The Algebra I  | 
      
      
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        end-of-course assessment instrument must be administered with the  | 
      
      
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        aid of technology.  The English I and English II end-of-course  | 
      
      
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        assessment instruments must each assess essential knowledge and  | 
      
      
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        skills in both reading and writing [in the same assessment 
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          instrument] and must provide a single score.  A school district  | 
      
      
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        shall comply with State Board of Education rules regarding  | 
      
      
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        administration of the assessment instruments listed in this  | 
      
      
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        subsection.  If a student is in a special education program under  | 
      
      
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        Subchapter A, Chapter 29, the student's admission, review, and  | 
      
      
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        dismissal committee shall determine whether any allowable  | 
      
      
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        modification is necessary in administering to the student an  | 
      
      
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        assessment instrument required under this subsection.  The State  | 
      
      
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        Board of Education shall administer the assessment instruments.  An  | 
      
      
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        end-of-course assessment instrument may be administered in  | 
      
      
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        multiple parts over more than one day [The State Board of Education 
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          shall adopt a schedule for the administration of end-of-course 
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          assessment instruments that complies with the requirements of 
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          Subsection (c-3)]. | 
      
      
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               (c-3)  Except as provided by Subsection (c-7), in [In]  | 
      
      
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        adopting a schedule for the administration of assessment  | 
      
      
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        instruments under this section, the State Board of Education shall  | 
      
      
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        require: | 
      
      
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                     (1)  assessment instruments administered under  | 
      
      
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        Subsection (a) to be administered on a schedule so that the first  | 
      
      
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        assessment instrument is administered at least two weeks later than  | 
      
      
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        the date on which the first assessment instrument was administered  | 
      
      
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        under Subsection (a) during the 2006-2007 school year; and | 
      
      
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                     (2)  the spring administration of end-of-course  | 
      
      
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        assessment instruments under Subsection (c) to occur in each school  | 
      
      
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        district not earlier than the first full week in May, except that  | 
      
      
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        the spring administration of the end-of-course assessment  | 
      
      
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        instruments in English I and English II must be permitted to occur  | 
      
      
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        at an earlier date. | 
      
      
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               (c-7)  Subsection (c-3) does not apply to a classroom  | 
      
      
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        portfolio method used to assess writing performance if student  | 
      
      
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        performance under that method is less than 50 percent of a student's  | 
      
      
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        overall assessed performance in writing. | 
      
      
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               SECTION 2.  As soon as practicable after the effective date  | 
      
      
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        of this Act, the commissioner of education shall adopt rules  | 
      
      
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        necessary to implement the changes in law made by this Act. | 
      
      
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               SECTION 3.  This Act applies beginning with the 2019-2020  | 
      
      
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        school year. | 
      
      
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               SECTION 4.  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, 2019. |