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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 21.4551(b), Education Code, is amended |
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to read as follows: |
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(b) A reading academy developed under this section must |
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include training in: |
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(1) [for a teacher providing instruction in reading to
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students at the seventh or eighth grade level:
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[(A)
administration of the reading instrument
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required by Section 28.006(c-1); and
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[(B)
interpretation of the results of the reading
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instrument required by Section 28.006(c-1) and strategies, based on
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scientific research regarding effective reading instruction, for
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long-term intensive intervention to target identified student
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needs in word recognition, vocabulary, fluency, and comprehension;
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[(2)] for a teacher providing instruction in reading |
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to students at the sixth, seventh, or eighth grade level: |
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(A) strategies to be implemented in English |
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language arts and other subject areas for multisyllable word |
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reading, vocabulary development, and comprehension of expository |
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and narrative text; |
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(B) an adaptation framework that enables |
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teachers to respond to differing student strengths and needs, |
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including adaptations for students of limited English proficiency |
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or students receiving special education services under Subchapter |
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A, Chapter 29; |
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(C) collaborative strategies to increase active |
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student involvement and motivation to read; and |
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(D) other areas identified by the commissioner as |
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essential components of reading instruction; and |
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(2) [(3)] for a teacher providing instruction in |
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mathematics, science, or social studies to students at the sixth, |
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seventh, or eighth grade level: |
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(A) strategies for incorporating reading |
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instruction into the curriculum for the subject area taught by the |
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teacher; and |
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(B) other areas identified by the commissioner. |
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SECTION 2. Sections 28.0211(a) and (f), Education Code, are |
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amended 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 |
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would otherwise be assigned if the student does not perform |
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satisfactorily on the fifth grade mathematics and reading |
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assessment instruments under Section 39.023[; or
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[(2)
the ninth grade program to which the student
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would otherwise be assigned if the student does not perform
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satisfactorily on the eighth grade mathematics and reading
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assessment instruments under Section 39.023]. |
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(f) A school district shall provide to a student who, after |
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three attempts, has failed to perform satisfactorily on an |
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assessment instrument specified under Subsection (a) accelerated |
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instruction during the next school year as prescribed by an |
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educational plan developed for the student by the student's grade |
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placement committee established under Subsection (c). The district |
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shall provide that accelerated instruction regardless of whether |
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the student has been promoted or retained. The educational plan |
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must be designed to enable the student to perform at the appropriate |
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grade level by the conclusion of the school year. During the school |
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year, the student shall be monitored to ensure that the student is |
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progressing in accordance with the plan. The district shall |
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administer to the student the assessment instrument for the grade |
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level in which the student is placed or the assessment instrument |
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required under Section 39.023(a-4), as applicable, at the time the |
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district regularly administers the assessment instruments for that |
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school year. |
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SECTION 3. Section 39.023, Education Code, is amended by |
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amending Subsections (a) and (a-1) and adding Subsections (a-3), |
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(a-4), (a-5), (a-6), (a-7), and (a-8) 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. Except as provided by Subsection |
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(a-2), all students, other than students assessed under Subsection |
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(b) or (l) or exempted under Section 39.027, shall be assessed in: |
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(1) mathematics, [annually] in grades three, five, and |
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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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seven [through eight]; |
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(3) writing, including spelling and grammar, in grades |
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four and seven; |
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(4) social studies, in grade eight; |
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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-3), (a-4), and (a-5) [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-3) 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 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). |
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(a-4) A student promoted for performing at grade level on an |
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alternate assessment instrument under Section 28.0211(b) or by a |
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grade placement committee under Section 28.0211(e) shall be |
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assessed in grade six in a subject for which an assessment |
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instrument is administered under Subsection (a)(1) or (2) in grade |
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five if, on the final assessment instrument in that subject |
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administered under Subsection (a) to the student in grade five |
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during the preceding school year, the student did not achieve a |
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scale score equal to or greater than the scale score that indicates |
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satisfactory performance on that assessment instrument, as |
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determined by the commissioner under Section 39.0241(a). |
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(a-5) A student shall be assessed in grade eight in a |
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subject for which an assessment instrument is administered under |
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Subsection (a)(1) or (2) in grade seven if, on the final assessment |
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instrument in that subject administered under Subsection (a) to the |
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student in grade seven during the preceding school year, the |
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student did not achieve a scale score equal to or greater than the |
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scale score that indicates satisfactory performance on that |
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assessment instrument, as determined by the commissioner under |
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Section 39.0241(a). |
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(a-6) A student assessed in mathematics under Subsection |
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(a-3), (a-4), or (a-5) shall be assessed without the aid of |
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technology. |
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(a-7) The results of an assessment instrument administered |
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under Subsection (a-3), (a-4), or (a-5) may not be included as a |
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student achievement indicator under Section 39.053 or any other |
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provision. |
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(a-8) 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. |
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SECTION 4. Section 39.054(b-1), Education Code, is amended |
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to read as follows: |
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(b-1) Consideration of the effectiveness of district |
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programs under Section 39.052(b)(2)(B) or (C): |
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(1) must: |
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(A) be based on data collected through the Public |
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Education Information Management System (PEIMS) for purposes of |
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accountability under this chapter; and |
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(B) include the results of assessments required |
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under Sections 39.023(a), (b), (c), and (l) [Section 39.023]; and |
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(2) may be based on the results of a special |
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accreditation investigation conducted under Section 39.057. |
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SECTION 5. Sections 28.006(c-1) and (g-1), Education Code, |
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are repealed. |
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SECTION 6. This Act applies beginning with the 2013-2014 |
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school year. |
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SECTION 7. 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, 2013. |