88R6731 DIO-F
 
  By: Rogers H.B. No. 1988
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the list of reading instruments adopted and maintained
  by the commissioner of education.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 28.006, Education Code, is amended by
  amending Subsections (b), (c), (c-1), (c-2), and (c-3) and adding
  Subsections (b-2), (b-3), (b-4), (f-1), and (n) to read as follows:
         (b)  The commissioner shall adopt a comprehensive list of
  reading instruments that a school district may use to diagnose
  [student] reading development and comprehension for students who
  are enrolled in kindergarten or in the first, second, or seventh
  grade.  For use in diagnosing the reading development and
  comprehension of kindergarten students, the commissioner shall
  adopt [a] multidimensional assessment tools [tool] that include
  [includes a] reading instruments that test [instrument and tests]
  at least three developmental skills, including literacy. A
  multidimensional assessment tool administered as provided by this
  subsection is considered to be a reading instrument for purposes of
  this section.  A school district [district-level committee
  established under Subchapter F, Chapter 11,] may use other [adopt a
  list of] reading instruments, [for use in the district in a grade
  level other than kindergarten] in addition to the reading
  instruments included on the commissioner's list.  Each reading
  instrument adopted by the commissioner [or a district-level
  committee] must be based on scientific research concerning reading
  skills development and reading comprehension.  A list of reading
  instruments adopted under this subsection must provide for
  diagnosing the reading development and comprehension of students
  participating in a program under Subchapter B, Chapter 29.
         (b-2)  The commissioner shall include on the list any reading
  instrument that is:
               (1)  based on scientific research concerning reading
  skills development and reading comprehension; and
               (2)  submitted for inclusion on the list under
  Subsection (b-4).
         (b-3)  The commissioner shall annually update the list of
  reading instruments, including multidimensional assessment tools
  authorized under this section.
         (b-4)  The commissioner shall provide an online resource
  prominently displayed on the agency's Internet website that
  provides information regarding the list of reading instruments
  maintained by the commissioner under this section and the annual
  process for applying for inclusion on the list, as provided by
  agency rule adopted under Subsection (n).
         (c)  Each school district shall administer, at the first and
  second grade levels, a reading instrument that is based on
  scientific research concerning reading skills development and
  reading comprehension [on the list adopted by the commissioner or
  by the district-level committee]. The district shall administer
  the reading instrument in accordance with the commissioner's
  recommendations under Subsection (a)(1).
         (c-1)  Each school district shall administer at the
  beginning of the seventh grade a reading instrument [adopted by the
  commissioner] to each student whose performance on the assessment
  instrument in reading administered under Section 39.023(a) to the
  student in grade six did not demonstrate reading proficiency, as
  determined by the commissioner. The district shall administer the
  reading instrument in accordance with the commissioner's
  recommendations under Subsection (a)(1).
         (c-2)  Each school district shall administer at the
  kindergarten level a reading instrument [adopted by the
  commissioner under Subsection (b) or approved by the commissioner
  under Subsection (b-1)]. The district shall administer the reading
  instrument in accordance with the commissioner's recommendations
  under Subsection (a)(1).
         (c-3)  The commissioner by rule shall determine the
  performance on a [the] reading instrument adopted under Subsection
  (b) that indicates kindergarten readiness.
         (f-1)  A reading instrument made available under Subsection
  (f) may not require the purchase of an additional service or
  functionality to have full and complete access to the capabilities
  of the reading instrument.
         (n)  The agency by rule shall provide a process for annual
  application for inclusion of a reading instrument on the
  commissioner's list of reading instruments under this section. 
         SECTION 2.  Section 28.006(b-1), Education Code, is
  repealed.
         SECTION 3.  This Act applies beginning with the 2023-2024
  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, 2023.