By: Hochberg	H.B. No. 233

	A BILL TO BE ENTITLED
	AN ACT
	relating to requirements for students to be assessed in certain
	subjects and in certain grades.
	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-2) through (a-7)
	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. All students, except students assessed
	under Subsection (b) or (1) or exempted under Section 39.027, shall
	be assessed in:
	(1)  mathematics, [annually] in grades three [through
	seven] and five 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]
	five and eight;
	(3)  writing, including spelling and grammar, in grades
	[four] five and seven eight;
	(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].
	(a-2)  Any student who scores below a score of the passing
	standard plus one hundred scale score points on the last
	mathematics assessment taken by that student in grade three, and
	who is promoted to grade four, shall be assessed in mathematics in
	grade four. Any student who scores below a score of the passing
	standard plus one hundred scale score points on the last reading
	assessment taken by that student in grade three, and who is promoted
	to grade four, shall be assessed in reading in grade four.
	(a-3)  Any student who scores below a score of the passing
	standard plus one hundred scale score points on the last assessment
	taken by that student in a subject or subjects in grade five, and
	who is promoted to grade six, shall be assessed in that subject or
	subjects in grade six.
	(a-4)  Any student who scores below a score of the passing
	standard plus one hundred scale score points on the last assessment
	taken by that student in a subject or subjects in grade six, and who
	is promoted to grade seven, shall be assessed in that subject or
	subjects in grade seven.
	(a-5)  Students assessed in mathematics under subsections
	(a-2), (a-3) or (a-4) shall be assessed without the aid of
	technology.
	(a-6)  A school district or open-enrollment charter school
	may, at the discretion of the school district or open-enrollment
	charter school and for its own use, administer the assessment
	instruments developed to assess students under subsections (a-2),
	(a-3) or (a-4) to additional students other than those required to
	be assessed by those subsections. On request of the school district
	or open-enrollment charter school, the agency shall provide
	assessment instruments for such students, and any services normally
	provided by the agency related to administering and scoring the
	assessment for required students, in the same manner and at the same
	cost as for required students. The results of such discretionary
	testing shall not be included as an indicator of student
	achievement under Section 39.053(c) or any other section.
	(a-7)  To the extent that exempting successful students from
	assessment in a subsequent grade or grades under the previous
	subsections is determined to be contrary to federal law, the
	commissioner shall seek waivers from such federal law. In seeking
	any such waivers, the commissioner shall use all relevant data,
	including, but not limited to, data relating to the likelihood that
	students who score above the passing standard plus one hundred
	scale score points will score above the passing standard in
	subsequent years, the costs of assessing such students, and the
	benefits of increased emphasis on bringing lower-scoring students
	up to standard within one year.
	SECTION 2.  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, 2011.