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A BILL TO BE ENTITLED
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AN ACT
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relating to the adoption and administration of assessment |
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instruments used to assess the performance of public school |
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students. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.410(c), Education Code, is amended to |
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read as follows: |
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(c) The commissioner shall annually identify each high-need |
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campus in a school district using criteria established by the |
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commissioner by rule, including performance on the language arts |
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[reading] assessment instrument administered under Section 39.023. |
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The commissioner shall also use the criteria to rank campuses in |
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order of greatest need. |
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SECTION 2. Section 21.4551(c), Education Code, is amended |
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to read as follows: |
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(c) The commissioner by rule shall require a teacher to |
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attend a reading academy if the teacher provides instruction in |
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reading, mathematics, science, or social studies to students at the |
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sixth, seventh, or eighth grade level at a campus that fails to |
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satisfy any standard under Section 39.054(e) on the basis of |
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student performance on the language arts [reading] assessment |
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instrument administered under Section 39.023(a) to students in any |
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grade level at the campus. |
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SECTION 3. Section 28.006(c-1), Education Code, is amended |
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to read as follows: |
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(c-1) Each school district shall administer at the |
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beginning of the seventh grade a reading instrument adopted by the |
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commissioner to each student whose performance on the assessment |
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instrument in language arts [reading] administered under Section |
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39.023(a) to the student in grade six did not demonstrate reading |
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proficiency, as determined by the commissioner. The district shall |
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administer the reading instrument in accordance with the |
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commissioner's recommendations under Subsection (a)(1). |
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SECTION 4. Section 28.0061(b), Education Code, is amended |
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to read as follows: |
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(b) A school district is eligible to participate in the |
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pilot program if, as determined by the commissioner, the district |
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has low student performance on: |
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(1) a reading instrument administered in accordance |
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with Section 28.006(c); or |
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(2) a third grade language arts [reading] assessment |
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instrument administered under Section 39.023(a). |
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SECTION 5. Section 28.0211(a), Education Code, is amended |
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to read as follows: |
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(a) Except as provided by Subsection (b) or (e), a student |
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may not be promoted to: |
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(1) the sixth grade program to which the student would |
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otherwise be assigned if the student does not perform |
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satisfactorily on the fifth grade mathematics and language arts |
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[reading] assessment instruments under Section 39.023; or |
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(2) the ninth grade program to which the student would |
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otherwise be assigned if the student does not perform |
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satisfactorily on the eighth grade mathematics and language arts |
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[reading] assessment instruments under Section 39.023. |
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SECTION 6. Section 29.056(g), Education Code, is amended to |
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read as follows: |
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(g) A district may transfer a student of limited English |
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proficiency out of a bilingual education or special language |
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program for the first time or a subsequent time if the student is |
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able to participate equally in a regular all-English instructional |
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program as determined by: |
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(1) agency-approved tests administered at the end of |
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each school year to determine the extent to which the student has |
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developed oral and written language proficiency and specific |
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language skills in English; |
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(2) satisfactory performance on the language arts |
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[reading] assessment instrument under Section 39.023(a) or an |
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English language arts assessment instrument under Section |
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39.023(c), as applicable, with the assessment instrument |
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administered in English, or, if the student is enrolled in the first |
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or second grade, an achievement score at or above the 40th |
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percentile in the reading and language arts sections of an English |
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standardized test approved by the agency; and |
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(3) agency-approved criterion-referenced tests and |
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the results of a subjective teacher evaluation. |
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SECTION 7. Section 39.023, Education Code, is amended by |
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amending Subsections (a), (a-12), (a-13), (b-1), (c), and (c-3) and |
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adding Subsections (a-3), (a-14), (a-15), and (c-7) to read as |
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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 language arts [reading, writing], |
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mathematics, social studies, and science. Except as provided by |
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Subsection (a-2), all students, other than students assessed under |
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Subsection (b) or (l) or exempted under Section 39.027, shall be |
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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
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aid of technology on any assessment instrument that includes
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algebra]; |
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(2) language arts, including reading and writing, |
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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) For purposes of Subsection (a)(1), the commissioner |
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by rule may designate sections of a mathematics assessment |
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instrument for a grade level that: |
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(1) may be completed with the aid of technology; and |
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(2) must be completed without the aid of technology. |
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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 the |
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administration of assessment instruments for a grade level if the |
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time restriction imposed would result in a determination by the |
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commissioner that an assessment instrument is no longer valid and |
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reliable. |
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(a-15) 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, but may include one or more parts that prohibit |
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the use 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 8. 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 9. This Act applies beginning with the 2019-2020 |
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school year. |
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SECTION 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2019. |