83R20779 JSL-F
 
  By: Ratliff, Farney, King of Hemphill, H.B. No. 2836
      Patrick, Huberty
 
  Substitute the following for H.B. No. 2836:
 
  By:  Rodriguez of Bexar C.S.H.B. No. 2836
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the requirements for and use of certain
  state-administered assessment instruments administered to public
  school students.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 39.023, Education Code, is amended by
  amending Subsection (a) and adding Subsections (a-3), (a-4), (a-5),
  and (a-6) 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
  seven without the aid of technology and in grade eight with the aid
  of technology on any assessment instrument that includes algebra;
               (2)  reading, annually in grades three through eight;
               (3)  writing, including spelling and grammar, in  grade 
  [grades] four [and seven];
               (4)  [social studies, in grade eight;
               [(5)]  science, in grades five and eight; and
               (5) [(6)]  any other subject and grade required by
  federal law.
         (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.
         SECTION 2.  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 3.  This Act applies beginning with the 2013-2014
  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, 2013.