H.B. No. 2836
 
 
 
 
AN ACT
  relating to the essential knowledge and skills of the required
  public school curriculum and to certain state-adopted or
  state-developed assessment instruments for public school students.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 39.023, Education Code, is amended by
  adding Subsections (a-3), (a-4), (a-5), (a-6), (b-1), and (b-2) to
  read as follows:
         (a-3)  Before an assessment instrument adopted or developed
  under Subsection (a) may be administered under that subsection, the
  assessment instrument must, on the basis of empirical evidence, be
  determined to be valid and reliable by an entity that is independent
  of the agency and of any other entity that developed the assessment
  instrument.
         (a-4)  The agency shall ensure that an assessment instrument
  adopted or developed under Subsection (a) is designed to primarily
  assess the essential knowledge and skills identified by the State
  Board of Education under Section 28.002 of the subject and for the
  grade level for which the assessment instrument is administered.
  Only to the extent necessary or helpful for diagnostic or reporting
  purposes, the assessment instrument may also assess supporting
  knowledge or skills that are introduced or referenced in the
  subject and for the grade level for which the assessment instrument
  is administered but that are identified as essential knowledge or
  skills primarily of a different subject or for a different grade
  level.
         (a-5)  An assessment instrument adopted or developed under
  Subsection (a) must be designed so that:
               (1)  if administered to students in grades three
  through five, 85 percent of students will be able to complete the
  assessment instrument within 120 minutes; and
               (2)  if administered to students in grades six through
  eight, 85 percent of students will be able to complete the
  assessment instrument within 180 minutes.
         (a-6)  The amount of time allowed for administration of an
  assessment instrument adopted or developed under Subsection (a) may
  not exceed eight hours, and the administration may occur on only one
  day.
         (b-1)  The agency, in conjunction with appropriate
  interested persons, shall redevelop assessment instruments adopted
  or developed under Subsection (b) for administration to
  significantly cognitively disabled students in a manner consistent
  with federal law. An assessment instrument under this subsection
  may not require a teacher to prepare tasks or materials for a
  student who will be administered such an assessment instrument.
         (b-2)  Assessment instruments redeveloped under Subsection
  (b-1) shall be administered beginning not later than the 2015-2016
  school year. This subsection expires September 1, 2016.
         SECTION 2.  Subchapter B, Chapter 39, Education Code, is
  amended by adding Sections 39.0236 and 39.0237 to read as follows:
         Sec. 39.0236.  STUDY OF ESSENTIAL KNOWLEDGE AND SKILLS AND
  ASSESSMENT INSTRUMENTS. (a) The agency shall conduct a study
  regarding the essential knowledge and skills of the required
  curriculum identified by the State Board of Education under Section
  28.002 and assessment instruments administered under Section
  39.023.
         (b)  The study must evaluate:
               (1)  the number and scope of the essential knowledge
  and skills of each subject of the required curriculum under Section
  28.002, with each essential knowledge or skill identified as a
  readiness or supporting standard, and whether the number or scope
  should be limited;
               (2)  the number and subjects of assessment instruments
  under Section 39.023 that are required to be administered to
  students in grades three through eight; and
               (3)  how assessment instruments described by
  Subdivision (2) assess standards essential for student success and
  whether the assessment instruments should also assess supporting
  standards, including analysis of:
                     (A)  the portion of the essential knowledge and
  skills capable of being accurately assessed;
                     (B)  the appropriate skills that can be assessed
  within the testing parameters under current law; and
                     (C)  how current standards compare to those
  parameters.
         (c)  Not later than March 1, 2014, the agency shall prepare
  and submit to the State Board of Education a report concerning the
  results of the study under Subsection (b).  Not later than May 1,
  2014, the State Board of Education shall review the study and shall
  submit to the governor, each member of the legislature, and the
  advisory committee established under Section 39.0237 the agency's
  report and board recommendations regarding each issue evaluated
  under Subsection (b).
         (d)  This section expires June 1, 2015.
         Sec. 39.0237.  ADVISORY COMMITTEE TO STUDY ESSENTIAL
  KNOWLEDGE AND SKILLS AND ASSESSMENT INSTRUMENTS. (a)  An advisory
  committee shall be established to review the agency study and State
  Board of Education recommendations under Section 39.0236.  The
  committee must be composed of:
               (1)  four members of the senate education committee
  appointed by the lieutenant governor and four members of the house
  public education committee appointed by the speaker of the house of
  representatives;
               (2)  two members of the public appointed by the
  lieutenant governor; and
               (3)  two members of the public appointed by the speaker
  of the house of representatives.
         (b)  The advisory committee shall review the agency study and
  State Board of Education recommendations under Section 39.0236.  If
  the advisory committee determines that the agency study is
  insufficient, the advisory committee may perform an additional
  independent study to evaluate the agency study components required
  under Section 39.0236(b).
         (c)  Not later than January 1, 2015, the committee shall
  prepare and submit to the governor, each member of the legislature,
  the commissioner, and the State Board of Education a report that
  includes, as applicable, the results of the committee's review of
  the agency study or the results of the committee's independent
  study and recommendations regarding each issue evaluated under
  Section 39.0236(b).
         (d)  Based on the study under Section 39.0236(b) and the
  advisory committee report under Subsection (c), the State Board of
  Education shall adopt policies and procedures to limit the number
  and scope of the essential knowledge and skills of each subject and
  grade level to correspond with the readiness standards capable of
  being accurately assessed by applicable assessment instruments.
         (e)  This section expires June 1, 2015.
         SECTION 3.  Subchapter B, Chapter 39, Education Code, is
  amended by adding Section 39.0263 to read as follows:
         Sec. 39.0263.  ADMINISTRATION OF DISTRICT-REQUIRED
  BENCHMARK ASSESSMENT INSTRUMENTS TO PREPARE STUDENTS FOR
  STATE-ADMINISTERED ASSESSMENT INSTRUMENTS. (a) In this section,
  "benchmark assessment instrument" means a district-required
  assessment instrument designed to prepare students for a
  corresponding state-administered assessment instrument.
         (b)  Except as provided by Subsection (c), a school district
  may not administer to any student more than two benchmark
  assessment instruments to prepare the student for a corresponding
  state-administered assessment instrument.
         (c)  The prohibition prescribed by this section does not
  apply to the administration of a college preparation assessment
  instrument, including the PSAT, the ACT-Plan, the SAT, or the ACT,
  an advanced placement test, an international baccalaureate
  examination, or an independent classroom examination designed or
  adopted and administered by a classroom teacher.
         (d)  A parent of or person standing in parental relation to a
  student who has special needs, as determined in accordance with
  commissioner rule, may request administration to the student of
  additional benchmark assessment instruments.
         SECTION 4.  Section 39.0301, Education Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  In establishing procedures for the administration of
  assessment instruments under Subsection (a)(1), the commissioner
  shall ensure that the procedures are designed to minimize
  disruptions to school operations and the classroom environment. In
  implementing the procedures established for the administration of
  assessment instruments under Subsection (a)(1), a school district
  shall minimize disruptions to school operations and the classroom
  environment.
         SECTION 5.  Subchapter B, Chapter 39, Education Code, is
  amended by adding Section 39.038 to read as follows:
         Sec. 39.038.  AUDITING AND MONITORING PERFORMANCE UNDER
  CONTRACTS FOR ASSESSMENT INSTRUMENTS. (a)  The agency by rule shall
  develop a comprehensive methodology for auditing and monitoring
  performance under contracts for services to develop or administer
  assessment instruments required by Section 39.023 to verify
  compliance with contractual obligations.
         (b)  The agency shall ensure that all new and renewed
  contracts described by Subsection (a) include a provision that the
  agency or a designee of the agency may conduct periodic contract
  compliance reviews, without advance notice, to monitor vendor
  performance.
         (c)  The agency shall adopt rules to administer this section.
         SECTION 6.  Section 39.053, Education Code, is amended by
  adding Subsection (c-1) to read as follows:
         (c-1)  The indicator of student achievement under Subsection
  (c)(1) may not include student performance as to supporting
  knowledge or skills as described by Section 39.023(a-4).
         SECTION 7.  Section 39.055, Education Code, is amended to
  read as follows:
         Sec. 39.055.  STUDENT ORDERED BY A JUVENILE COURT OR STUDENT
  IN RESIDENTIAL FACILITY NOT CONSIDERED FOR ACCOUNTABILITY
  PURPOSES. Notwithstanding any other provision of this code except
  to the extent otherwise provided under Section 39.054(f), for
  purposes of determining the performance of a school district, [or]
  campus, or open-enrollment charter school under this chapter, a
  student ordered by a juvenile court into a residential program or
  facility operated by or under contract with the Texas Juvenile
  Justice Department [Youth Commission, the Texas Juvenile Probation
  Commission], a juvenile board, or any other governmental entity or
  any student who is receiving treatment in a residential facility is
  not considered to be a student of the school district in which the
  program or facility is physically located or of an open-enrollment
  charter school, as applicable. The performance of such a student on
  an assessment instrument or other student achievement indicator
  adopted under Section 39.053 or reporting indicator adopted under
  Section 39.301 shall be determined, reported, and considered
  separately from the performance of students attending a school of
  the district in which the program or facility is physically located
  or an open-enrollment charter school, as applicable.
         SECTION 8.  This Act applies beginning with the 2013-2014
  school year.
         SECTION 9.  The Texas Education Agency is required to
  implement Sections 39.023(b-1) and (b-2), Education Code, as added
  by this Act, only if the legislature appropriates money
  specifically for that purpose.  
  If the legislature does not
  appropriate money specifically for that purpose, the agency may,
  but is not required to, implement Sections 39.023(b-1) and (b-2),
  Education Code, using other appropriations available for that
  purpose.
         SECTION 10.  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, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2836 was passed by the House on April
  30, 2013, by the following vote:  Yeas 142, Nays 0, 2 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 2836 on May 24, 2013, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 2836 on May 26, 2013, by the following vote:  Yeas 142,
  Nays 0, 2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2836 was passed by the Senate, with
  amendments, on May 21, 2013, by the following vote:  Yeas 30, Nays
  1; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  2836 on May 26, 2013, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor