87R2231 GCB-F     By: Huberty H.B. No. 1740       A BILL TO BE ENTITLED   AN ACT   relating to the administration to public school students in certain   grades of state-administered assessment instruments.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 39.023(a), Education Code, effective   until September 1, 2021, is amended 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), (b-1), or (l) or exempted under Section 39.027, shall be   assessed in:                (1)  mathematics, [annually] in grades three and five   [through eight];                (2)  reading, [annually] in grades three, five, and   [through] eight;                (3)  writing, including spelling and grammar, in grades   five and eight [four and seven];                (4)  social studies, in grade eight; and                (5)  science, in grades five and eight[; and                [(6)  any other subject and grade required by federal   law].          SECTION 2.  Section 39.023(a), Education Code, effective   September 1, 2021, is amended 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, mathematics, social   studies, and science.  Except as provided by Subsection (a-2), all   students, other than students assessed under Subsection (b), (b-1),   or (l) or exempted under Section 39.027, shall be assessed in:                (1)  mathematics, [annually] in grades three and five   [through eight];                (2)  reading, [annually] in grades three, five, and   [through] eight;                (3)  social studies, in grade eight; and                (4)  science, in grades five and eight[; and                [(5)  any other subject and grade required by federal   law].          SECTION 3.  Section 39.023, Education Code, is amended by   amending Subsections (a-1), (a-2), (a-12), (a-13), (b), (c-1),   (c-3), (c-8), (e), (l), (m), (n), and (p) and adding Subsections   (a-5), (a-6), (a-7), (a-8), (a-9), (a-10), and (a-17) to read as   follows:          (a-1)  The agency shall develop assessment instruments   required under Subsections (a), (a-6), (a-7), and (a-8) [Subsection   (a)] in a manner that allows, to the extent practicable:                (1)  the score a student receives to provide reliable   information relating to a student's satisfactory performance for   each performance standard under Section 39.0241; and                (2)  an appropriate range of performances to serve as a   valid indication of growth in student achievement.          (a-2)  Except as required by a provision of federal law that   has not been waived, a student is not required to be assessed in a   subject otherwise assessed at the student's grade level under   Subsection (a) if the student:                (1)  is enrolled in a course in the subject intended for   students above the student's grade level and will be administered   an assessment instrument adopted or developed under Subsection (a),   (a-6), (a-7), or (a-8) that aligns with the curriculum for the   course in which the student is enrolled; or                (2)  is enrolled in a course in the subject for which   the student will receive high school academic credit and will be   administered an end-of-course assessment instrument adopted under   Subsection (c) for the course.          (a-5)  For each assessment instrument administered under   Subsection (a) or (a-7), the agency shall determine, based on   available information for that assessment instrument, the minimum   satisfactory adjusted scale score. The minimum satisfactory   adjusted scale score is the sum of the scale score that indicates   satisfactory performance on that assessment instrument, as   determined by the commissioner under Section 39.0241(a), plus the   minimum number of points that when added to the scale score produces   a score that, within a three percent margin of error, is predictive   that a student achieving that score would achieve satisfactory   performance on an assessment instrument in the same subject   administered to the student during the following school year.          (a-6)  A student shall be assessed in grade four in a subject   for which an assessment instrument is administered under Subsection   (a) in grade three if, on the final assessment instrument in that   subject administered under Subsection (a) to the student in grade   three during the preceding school year, the student did not achieve   a score equal to or greater than the minimum satisfactory adjusted   scale score for that assessment instrument, as determined under   Subsection (a-5).          (a-7)  A student shall be assessed in grade six in a subject   for which an assessment instrument is administered under Subsection   (a)(1) or (2) in grade five if, on the final assessment instrument   in that subject administered under Subsection (a)(1) or (2) to the   student in grade five during the preceding school year, the student   did not achieve a score equal to or greater than the minimum   satisfactory adjusted scale score for that assessment instrument,   as determined under Subsection (a-5).          (a-8)  A student shall be assessed in grade seven in a   subject for which an assessment instrument was administered under   Subsection (a-7) to the student in grade six if, on the final   assessment instrument in that subject administered to the student   in grade six during the preceding school year, the student did not   achieve a score equal to or greater than the minimum satisfactory   adjusted scale score for that assessment instrument, as determined   under Subsection (a-5).          (a-9)  A student assessed in mathematics under Subsection   (a-6), (a-7), or (a-8) shall be assessed without the aid of   technology.          (a-10)  A school district or open-enrollment charter school   may, for its own use in determining whether students are performing   at a satisfactory level, administer to a student at the appropriate   grade level, other than a student required to be assessed, an   assessment instrument developed for purposes of Subsection (a-6),   (a-7), or (a-8). At the request of a district or open-enrollment   charter school, the agency shall provide, allow for the   administration of, and score each assessment instrument   administered under this subsection in the same manner and at the   same cost as for assessment instruments required to be administered   under the applicable subsection. The results of an assessment   instrument administered under this subsection may not be included   as an achievement indicator under Section 39.053 or any other   provision.          (a-12)  An assessment instrument adopted or developed under   Subsection (a), (a-6), (a-7), or (a-8) may not have more than three   parts.  A part of an assessment instrument must be designed so   that:                (1)  if administered to students in grades three and   four, 85 percent of students will be able to complete that part   within 60 minutes; and                (2)  if administered to students in grades five through   eight, 85 percent of students will be able to complete that part   within 75 minutes.          (a-13)  The amount of time allowed for administration of an   assessment instrument adopted or developed under Subsection (a),   (a-6), (a-7), or (a-8) may not exceed eight hours, and the   administration may occur in multiple parts over more than one day.          (a-17)  If there is a conflict between this section and a   federal law or regulation as a result of forgoing under this section   certain administration of assessment instruments to students who   have recently performed successfully on assessment instruments   assessing the same subject, the commissioner shall seek a waiver   from the application of the conflicting federal law or regulation.   In seeking a waiver, the commissioner shall submit all relevant   data, including data relating to:                (1)  the likelihood that a student who achieves a score   on an assessment instrument equal to or greater than the minimum   satisfactory adjusted scale score for that assessment instrument,   as determined under Subsection (a-5), will, in subsequent years,   perform satisfactorily on assessment instruments in the same   subject;                (2)  the costs associated with ongoing assessment of   students who have proven likely to perform successfully on   subsequent assessment instruments; and                (3)  the benefit of redirecting resources from   assessment of students who have proven likely to perform   successfully on subsequent assessment instruments toward enabling   lower performing students to perform successfully on assessment   instruments after one school year.          (b)  The agency shall develop or adopt appropriate   criterion-referenced alternative assessment instruments to be   administered to a [each] student in a special education program   under Subchapter A, Chapter 29, for whom an assessment instrument   adopted under Subsection (a) or, to the extent applicable,   Subsection (a-6), (a-7), or (a-8), even with allowable   accommodations, would not provide an appropriate measure of student   achievement, as determined by the student's admission, review, and   dismissal committee, including assessment instruments approved by   the commissioner that measure growth. The assessment instruments   developed or adopted under this subsection, including the   assessment instruments approved by the commissioner, must, to the   extent allowed under federal law, provide a district with options   for the assessment of students under this subsection. The agency   may not adopt a performance standard that indicates that a   student's performance on the alternate assessment does not meet   standards if the lowest level of the assessment accurately   represents the student's developmental level as determined by the   student's admission, review, and dismissal committee.          (c-1)  To the greatest extent practicable, the [The] agency   shall develop any assessment instrument required under this section   in a manner that allows for the measurement of annual improvement in   student achievement as required by Sections 39.034(c) and (d).          (c-3)  Except as provided by Subsection (c-7), 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),   (a-6), (a-7), (a-8), or (c) are not administered on the first   instructional day of a week.          (c-8)  Beginning with the 2022-2023 school year, an   assessment instrument developed under Subsection (a), (a-6),   (a-7), (a-8), or (c) may not present more than 75 percent of the   questions in a multiple choice format.          (e)  Under rules adopted by the State Board of Education,   every third year, the agency shall release the questions and answer   keys to each assessment instrument administered under Subsection   (a), (a-6), (a-7), (a-8), (b), (c), (d), or (l), excluding any   assessment instrument administered to a student for the purpose of   retaking the assessment instrument, after the last time the   instrument is administered for that school year.  To ensure a valid   bank of questions for use each year, the agency is not required to   release a question that is being field-tested and was not used to   compute the student's score on the instrument.  The agency shall   also release, under board rule, each question that is no longer   being field-tested and that was not used to compute a student's   score. [During the 2014-2015 and 2015-2016 school years, the   agency shall release the questions and answer keys to assessment   instruments as described by this subsection each year.]          (l)  The State Board of Education shall adopt rules for the   administration of the assessment instruments adopted under   Subsection (a) and, to the extent applicable, the assessment   instruments adopted under Subsection (a-6) in Spanish to students   in grades three, four, and [through] five who are of limited English   proficiency, as defined by Section 29.052, whose primary language   is Spanish, and who are not otherwise exempt from the   administration of an assessment instrument under Section   39.027(a)(1) or (2).  Each student of limited English proficiency   whose primary language is Spanish, other than a student to whom   Subsection (b) applies, may be assessed using assessment   instruments in Spanish under this subsection for up to three years   or assessment instruments in English under Subsection (a) and, as   applicable, Subsection (a-6).  The language proficiency assessment   committee established under Section 29.063 shall determine which   students are administered assessment instruments in Spanish under   this subsection.          (m)  The commissioner by rule shall develop procedures under   which the language proficiency assessment committee established   under Section 29.063 shall determine which students are exempt from   the administration of the assessment instruments under Section   39.027(a)(1) or (2).  The rules adopted under this subsection shall   ensure that the language proficiency assessment committee provides   that the exempted students are administered the assessment   instruments under Subsections (a) and (c) and, to the extent   applicable, Subsections (a-6), (a-7), and (a-8) at the earliest   practical date.          (n)  This subsection applies only to a student who is   determined to have dyslexia or a related disorder and who is an   individual with a disability under 29 U.S.C. Section 705(20) and   its subsequent amendments. The agency shall adopt or develop   appropriate criterion-referenced assessment instruments designed   to assess the ability of and to be administered to each student to   whom this subsection applies for whom the assessment instruments   adopted under Subsection (a) and, to the extent applicable, the   assessment instruments adopted under Subsections (a-6), (a-7), and   (a-8), even with allowable modifications, would not provide an   appropriate measure of student achievement, as determined by the   committee established by the board of trustees of the district to   determine the placement of students with dyslexia or related   disorders. The committee shall determine whether any allowable   modification is necessary in administering to a student an   assessment instrument required under this subsection. The   assessment instruments required under this subsection shall be   administered on the same schedule as the assessment instruments   administered under Subsections (a), (a-6), (a-7), and (a-8), as   applicable [Subsection (a)].          (p)  On or before September 1 of each year, the commissioner   shall make the following information available on the agency's   Internet website for each assessment instrument administered under   Subsection (a), (a-6), (a-7), (a-8), (c), or (l):                (1)  the number of questions on the assessment   instrument;                (2)  the number of questions that must be answered   correctly to achieve satisfactory performance as determined by the   commissioner under Section 39.0241(a);                (3)  the number of questions that must be answered   correctly to achieve satisfactory performance under the college   readiness performance standard as provided by Section 39.0241; and                (4)  the corresponding scale scores.          SECTION 4.  (a)  This Act takes effect on any date not later   than September 1, 2023, on which the commissioner of education:                (1)  obtains any necessary waiver from the application   of federal law or regulation conflicting with Section 39.023,   Education Code, as amended by this Act, as required by Section   39.023(a-17), Education Code, as added by this Act; or                (2)  receives written notification from the United   States Department of Education that a waiver is not required.          (b)  This Act applies beginning with the first school year   that begins after the date on which this Act takes effect under   Subsection (a) of this section.          (c)  If the commissioner of education obtains any necessary   waiver or receives written notification as described by Subsection   (a) of this section, the commissioner shall certify that the   commissioner has obtained the waiver or received notification that   a waiver is not required, as applicable, and shall publish notice of   that fact in the Texas Register as soon as practicable after   obtaining the waiver or receiving notification.