Bill Text: TX HB2836 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: 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.
Spectrum: Moderate Partisan Bill (Republican 9-2)
Status: (Vetoed) 2013-06-14 - Vetoed by the Governor [HB2836 Detail]
Download: Texas-2013-HB2836-Enrolled.html
H.B. No. 2836 |
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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, [ |
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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 [ |
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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 |