86R27798 SOS-F
 
  By: Huberty H.B. No. 3906
 
  Substitute the following for H.B. No. 3906:
 
  By:  Bernal C.S.H.B. No. 3906
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the administration of assessment instruments used to
  assess the performance of public school 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-12), (a-13), (b-1), (c), and (c-3) and
  adding Subsections (a-14) and (c-7) to read as follows:
         (a-12)  An assessment instrument adopted or developed under
  Subsection (a) must be designed so that:
               (1)  if administered to students in grades three
  through five, 85 percent of students will be able to complete all
  [the] assessment instruments for that grade [instrument] within an
  aggregate period equal to the number of assessment instruments for
  that grade multiplied by 120 minutes; and
               (2)  if administered to students in grades six through
  eight, 85 percent of students will be able to complete all [the]
  assessment instruments for that grade [instrument] within an
  aggregate period equal to the number of assessment instruments for
  that grade multiplied by 180 minutes.
         (a-13)  The amount of time allowed for administration of an
  assessment instrument adopted or developed under Subsection (a) may
  not exceed eight hours, and the administration may occur in
  multiple parts over more than [on only] one day.
         (a-14)  Subsections (a-12) and (a-13) do not apply to a
  classroom portfolio method used to assess writing performance.
         (b-1)  The agency, in conjunction with appropriate
  interested persons, shall redevelop assessment instruments adopted
  or developed under Subsection (b) for administration to
  significantly cognitively disabled students in a manner consistent
  with federal law. An assessment instrument under this subsection
  may not require a teacher to prepare tasks or materials for a
  student who will be administered such an assessment instrument. A
  classroom portfolio method used to assess writing performance may
  require a teacher to prepare tasks and materials [Assessment
  instruments adopted or developed under this subsection shall be
  administered not later than the 2014-2015 school year].
         (c)  The agency shall also adopt end-of-course assessment
  instruments for secondary-level courses in Algebra I, biology,
  English I, 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. An
  end-of-course assessment instrument may be administered in
  multiple parts over more than one day [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)].
         (c-3)  Except as provided by Subsection (c-7), in [In]
  adopting a schedule for the administration of assessment
  instruments under this section, the State Board of Education shall
  require:
               (1)  assessment instruments administered under
  Subsection (a) to be administered on a schedule so that the first
  assessment instrument is administered at least two weeks later than
  the date on which the first assessment instrument was administered
  under Subsection (a) during the 2006-2007 school year; and
               (2)  the spring administration of end-of-course
  assessment instruments under Subsection (c) to occur in each school
  district not earlier than the first full week in May, except that
  the spring administration of the end-of-course assessment
  instruments in English I and English II must be permitted to occur
  at an earlier date.
         (c-7)  Subsection (c-3) does not apply to a classroom
  portfolio method used to assess writing performance if student
  performance under that method is less than 50 percent of a student's
  overall assessed performance in writing.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the commissioner of education shall adopt rules
  necessary to implement the changes in law made by this Act.
         SECTION 3.  This Act applies beginning with the 2019-2020
  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, 2019.