87R9681 GCB-D
 
  By: Tinderholt H.B. No. 2734
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the limitation on administration and use of certain
  assessment instruments in public schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 39.023(a), Education Code, as effective
  until September 1, 2021, 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
  eight;
               (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 2.  Section 39.023(a), Education Code, as effective
  September 1, 2021, 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, 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
  eight;
               (2)  reading, annually in grades three through eight;
               (3)  [social studies, in grade eight;
               [(4)]  science, in grades five and eight; and
               (4) [(5)]  any other subject and grade required by
  federal law.
         SECTION 3.  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, and
  [English I,] English II[, and United States history]. The Algebra I
  end-of-course assessment instrument must be administered with the
  aid of technology, but may include one or more parts that prohibit
  the use of technology. The [English I and] English II end-of-course
  assessment instrument [instruments] must [each] assess essential
  knowledge and skills in both reading and writing 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).
         SECTION 4.  Section 39.025(a-1), Education Code, is amended
  to read as follows:
         (a-1)  A student enrolled in a college preparatory
  mathematics or English language arts course under Section 28.014
  who satisfies the Texas Success Initiative (TSI) college readiness
  benchmarks prescribed by the Texas Higher Education Coordinating
  Board under Section 51.334 on an assessment instrument designated
  by the coordinating board under that section administered at the
  end of the college preparatory mathematics or English language arts
  course satisfies the requirements concerning and is exempt from the
  administration of the Algebra I or the [English I and] English II
  end-of-course assessment instrument [instruments], as applicable,
  as prescribed by Section 39.023(c), even if the student did not
  perform satisfactorily on a previous administration of the
  applicable end-of-course assessment instrument. A student who
  fails to perform satisfactorily on the assessment instrument
  designated by the coordinating board under Section 51.334
  administered as provided by this subsection may retake that
  assessment instrument for purposes of this subsection or may take
  the appropriate end-of-course assessment instrument.
         SECTION 5.  Section 39.203(c), Education Code, is amended to
  read as follows:
         (c)  In addition to the distinction designations described
  by Subsections (a) and (b), a campus that satisfies the criteria
  developed under Section 39.204 shall be awarded a distinction
  designation by the commissioner for outstanding performance in
  academic achievement in English language arts, mathematics, or
  science[, or social studies].
         SECTION 6.  Section 39.0238, Education Code, is repealed.
         SECTION 7.  This Act applies beginning with the 2021-2022
  school year.
         SECTION 8.  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, 2021.