S.B. No. 759
  relating to certain standards for group-administered achievement
  tests used by school districts.
         SECTION 1.  Section 39.032, Education Code, is amended by
  amending Subsection (c) and adding Subsections (c-1) and (c-2) to
  read as follows:
         (c)  State and national norms of averages shall be computed
  using data that are not more than eight [six] years old at the time
  the assessment instrument is administered and that are
  representative of the group of students to whom the assessment
  instrument is administered.
         (c-1)  The standardization norms computed under Subsection
  (c) shall be:
               (1)  based on a national probability sample that meets
  accepted standards for educational and psychological testing; and
               (2)  [shall be] updated at least every eight [six]
  years using proven psychometric procedures approved by the State
  Board of Education.
         (c-2)  The eight-year limitation on data to compute norms
  under this section does not apply if only data older than eight
  years is available for an assessment instrument. The commissioner
  by rule may limit the exception created by this subsection based on
  the type of assessment instrument.
         SECTION 2.  Subsections (a), (b), and (d), Section 39.032,
  Education Code, are repealed.
         SECTION 3.  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, 2009.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I hereby certify that S.B. No. 759 passed the Senate on
  March 19, 2009, by the following vote: Yeas 29, Nays 0; and that
  the Senate concurred in House amendment on May 29, 2009, by the
  following vote: Yeas 31, Nays 0.
  Secretary of the Senate    
         I hereby certify that S.B. No. 759 passed the House, with
  amendment, on May 26, 2009, by the following vote: Yeas 141,
  Nays 0, one present not voting.
  Chief Clerk of the House