By: Taylor S.B. No. 1171     (Huberty)           A BILL TO BE ENTITLED   AN ACT   relating to the electronic administration of certain required   assessment instruments, measures to support Internet connectivity   for purposes of those assessment instruments, and the adoption and   administration of certain optional interim assessment instruments.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 31.0211(c), Education Code, is amended   to read as follows:          (c)  Subject to Subsection (d), funds allotted under this   section may be used to:                (1)  purchase:                      (A)  materials on the list adopted by the   commissioner, as provided by Section 31.0231;                      (B)  instructional materials, regardless of   whether the instructional materials are on the list adopted under   Section 31.024;                      (C)  consumable instructional materials,   including workbooks;                      (D)  instructional materials for use in bilingual   education classes, as provided by Section 31.029;                      (E)  instructional materials for use in college   preparatory courses under Section 28.014, as provided by Section   31.031;                      (F)  supplemental instructional materials, as   provided by Section 31.035;                      (G)  state-developed open education resource   instructional materials, as provided by Subchapter B-1;                      (H)  instructional materials and technological   equipment under any continuing contracts of the district in effect   on September 1, 2011;                      (I)  technological equipment necessary to support   the use of materials included on the list adopted by the   commissioner under Section 31.0231 or any instructional materials   purchased with an allotment under this section; [and]                      (J)  inventory software or systems for storing,   managing, and accessing instructional materials and analyzing the   usage and effectiveness of the instructional materials; and                      (K)  services, equipment, and technology   infrastructure necessary to ensure Internet connectivity and   adequate bandwidth; and                (2)  pay:                      (A)  for training educational personnel directly   involved in student learning in the appropriate use of   instructional materials and for providing for access to   technological equipment for instructional use; [and]                      (B)  for training personnel in the electronic   administration of assessment instruments; and                      (C)  the salary and other expenses of an employee   who provides technical support for the use of technological   equipment directly involved in student learning.          SECTION 2.  Subchapter B, Chapter 32, Education Code, is   amended by adding Section 32.037 to read as follows:          Sec. 32.037.  GRANT PROGRAM FOR TRANSITION TO ELECTRONIC   ADMINISTRATION OF ASSESSMENT INSTRUMENTS. (a) The commissioner   may establish a matching grant program to ensure that all school   districts and open-enrollment charter schools have the necessary   infrastructure to administer assessment instruments electronically   in accordance with the transition plan developed under Section   39.02341.          (b)  In establishing the grant program, the commissioner   may:                (1)  set eligibility criteria to receive a matching   grant under the program; and                (2)  contract with developers of technology as   necessary to ensure the most efficient and cost-effective   implementation of Internet connectivity infrastructure for   electronic administration of assessment instruments.          (c)  In awarding grants under the grant program, the   commissioner:                (1)  shall prioritize applicants seeking funding for   one-time investments in broadband network infrastructure; and                (2)  if funds are available after grants are awarded to   each eligible applicant described by Subdivision (1), may award   grants to applicants seeking funding for annual bandwidth and   personnel costs associated with electronic administration of   assessment instruments.          (d)  This section expires September 1, 2025.          SECTION 3.  Sections 39.023(c-3), (c-8), and (o), Education   Code, are amended to read as follows:          (c-3)  Except as provided by Subsection (c-7) or as otherwise   provided by this subsection, in adopting a schedule for the   administration of assessment instruments under this section, the   State Board of Education shall ensure that assessment instruments   administered under Subsection (a) or (c) are not administered on   the first instructional day of a week. On request by a school   district or open-enrollment charter school, the commissioner may   allow the district or school to administer an assessment instrument   required under Subsection (a) or (c) on the first instructional day   of a week if administering the assessment instrument on another   instructional day would result in a significant administrative   burden due to specific local conditions.          (c-8)  Beginning with the 2022-2023 school year, not more   than 75 percent of the available points on an assessment instrument   developed under Subsection (a) or (c) may be attributable to [not   present more than 75 percent of the] questions presented in a   multiple choice format.          (o)  The agency shall adopt or develop optional interim   assessment instruments for each subject or course for each grade   level subject to assessment under this section. A school district   or open-enrollment charter school may not be required to administer   interim assessment instruments adopted or developed under this   subsection. An interim assessment instrument:                (1)  must be:                      (A)  when possible, predictive of the assessment   instrument for the applicable subject or course for that grade   level required under this section; and                      (B)  administered electronically; and                (2)  may not be used for accountability purposes.          SECTION 4.  Section 39.0234, Education Code, is amended to   read as follows:          Sec. 39.0234.  ELECTRONIC ADMINISTRATION OF ASSESSMENT   INSTRUMENTS. Each [The agency shall ensure that] assessment   instrument [instruments] required under Section 39.023(a), (c), or   (l) must be [39.023 are capable of being] administered   electronically, unless otherwise provided by commissioner rule.          SECTION 5.  Sections 39.02341(a) and (b), Education Code,   are amended to read as follows:          (a)  The agency, in consultation with the State Board of   Education, shall develop a transition plan to administer all   assessment instruments required under Sections 39.023(a), (c), and   (l) [Section 39.023] electronically beginning not later than the   2022-2023 school year. The plan must:                (1)  evaluate the availability of Internet access for   each school district in this state;                (2)  identify changes to state law or policy necessary   to improve the availability of Internet access described by   Subdivision (1);                (3)  evaluate the state's experience with administering   online assessment instruments, including the occurrence or effects   of power outages or other types of disruptions of Internet service,   and actions taken by the state to mitigate the occurrence and effect   of those disruptions; and                (4)  identify and evaluate actions taken by the state   to improve the administration of online assessment instruments.          (b)  The agency shall implement the transition plan   beginning on September 1, 2021. [In order to ensure legislative   approval of the transition plan, this subsection expires August 31,   2021.]          SECTION 6.  (a) Except as provided by Subsection (b) of this   section, this Act applies beginning with the 2021-2022 school year.          (b)  Section 39.0234, Education Code, as amended by this Act,   applies beginning with the 2023-2024 school year.          SECTION 7.  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, 2021.