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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration to public school students in certain |
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grades of state-administered assessment instruments. |
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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) and (a-1) and adding Subsections (a-2), |
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(a-3), (a-4), (a-5), (a-6), and (a-7) to read as 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 reading, writing, mathematics, |
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social studies, and science. All students, except students |
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assessed under Subsection (b) or (l) or exempted under Section |
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39.027, shall be assessed in: |
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(1) mathematics, [annually] in grades three and five |
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[through seven] without the aid of technology and in grade eight |
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with the aid of technology on any assessment instrument that |
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includes algebra; |
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(2) reading, [annually] in grades three, five, and |
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[through] eight; |
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(3) writing, including spelling and grammar, in grades |
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five and eight [four and seven]; |
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(4) social studies, in grade eight; and |
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(5) science, in grades five and eight[; and
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[(6) any other subject and grade required by federal
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law]. |
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(a-1) The agency shall develop assessment instruments |
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required under Subsections (a), (a-2), (a-3), and (a-4) [Subsection
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(a)] in a manner that allows, to the extent practicable: |
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(1) the score a student receives to provide reliable |
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information relating to a student's satisfactory performance for |
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each performance standard under Section 39.0241; and |
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(2) an appropriate range of performances to serve as a |
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valid indication of growth in student achievement. |
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(a-2) A student shall be assessed in grade four in a subject |
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for which an assessment instrument is administered under Subsection |
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(a) in grade three if, on the final assessment instrument in that |
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subject administered under Subsection (a) to the student in grade |
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three during the preceding school year, the student did not achieve |
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a scale score equal to or greater than the sum of the scale score |
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that indicates satisfactory performance on that assessment |
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instrument, as determined by the commissioner under Section |
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39.0241(a), plus 100 scale score points. |
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(a-3) A student shall be assessed in grade six in a subject |
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for which an assessment instrument is administered under Subsection |
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(a) in grade five if, on the final assessment instrument in that |
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subject administered under Subsection (a) to the student in grade |
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five during the preceding school year, the student did not achieve a |
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scale score equal to or greater than the sum of the scale score that |
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indicates satisfactory performance on that assessment instrument, |
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as determined by the commissioner under Section 39.0241(a), plus |
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100 scale score points. |
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(a-4) A student shall be assessed in grade seven in a |
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subject for which an assessment instrument was administered under |
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Subsection (a-3) to the student in grade six if, on the final |
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assessment instrument in that subject administered to the student |
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in grade six during the preceding school year, the student did not |
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achieve a scale score equal to or greater than the sum of the scale |
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score that indicates satisfactory performance on that assessment |
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instrument, as determined by the commissioner under Section |
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39.0241(a), plus 100 scale score points. |
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(a-5) A student assessed in mathematics under Subsection |
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(a-2), (a-3), or (a-4) shall be assessed without the aid of |
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technology. |
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(a-6) A school district or open-enrollment charter school |
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may, for its own use in determining whether students are performing |
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at a satisfactory level, administer to a student at the appropriate |
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grade level, other than a student required to be assessed, an |
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assessment instrument developed for purposes of Subsection (a-2), |
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(a-3), or (a-4). At the request of a school district or |
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open-enrollment charter school, the agency shall provide, allow for |
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the administration of, and score each assessment instrument |
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administered under this subsection in the same manner and at the |
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same cost as for assessment instruments required to be administered |
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under the applicable subsection. The results of an assessment |
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instrument administered under this subsection may not be included |
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as an indicator of student achievement under Section 39.054 or any |
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other provision. |
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(a-7) If there is a conflict between this section and |
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federal law as a result of forgoing under this section certain |
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administration of assessment instruments to students who have |
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recently performed successfully on assessment instruments |
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assessing the same subject, the commissioner shall seek a waiver |
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from the application of conflicting federal law. In seeking a |
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waiver, the commissioner shall submit all relevant data, including |
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data relating to: |
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(1) the likelihood that a student who achieves a scale |
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score on an assessment instrument equal to or greater than the sum |
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of the scale score that indicates satisfactory performance on the |
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assessment instrument plus 100 scale score points will, in |
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subsequent years, perform satisfactorily on assessment instruments |
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in the same subject; |
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(2) the costs associated with ongoing assessment of |
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students who have proven likely to perform successfully on |
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subsequent assessment instruments; and |
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(3) the benefit of redirecting resources from |
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assessment of students who have proven likely to perform |
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successfully on subsequent assessment instruments toward enabling |
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lower performing students to perform successfully on assessment |
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instruments after one school year. |
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SECTION 2. This Act applies beginning with the 2011-2012 |
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school year. |
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SECTION 3. 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, 2011. |