Bill Text: TX HB2552 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to administration of certain state assessment instruments only to a scientifically valid statistical sample of students.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-03-14 - Referred to Public Education [HB2552 Detail]
Download: Texas-2013-HB2552-Introduced.html
83R9017 CAS-F | ||
By: Patrick | H.B. No. 2552 |
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relating to administration of certain state assessment instruments | ||
only to a scientifically valid statistical sample of students. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 39.023, Education Code, is amended by | ||
amending Subsections (a), (b), (c-1), (l), and (n) and adding | ||
Subsection (q) 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. Notwithstanding any other provision | ||
of this chapter, the assessment instruments shall be administered | ||
to the smallest percentage of students whose performance on the | ||
assessment instruments represents a scientifically valid | ||
statistical sample of the performance of the state's students in | ||
the applicable grades and of the appropriate racial, ethnic, and | ||
socioeconomic subpopulations of those students. As necessary to | ||
comply with federal law, the agency may use the statistical | ||
sampling method used for the administration of the National | ||
Assessment of Educational Progress (NAEP) assessments for purposes | ||
of the No Child Left Behind Act of 2001 (20 U.S.C. Section 6301 et | ||
seq.). In accordance with this subsection, [ |
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shall be assessed in: | ||
(1) mathematics, annually in grades three through | ||
seven 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 eight; | ||
(3) writing, including spelling and grammar, in grades | ||
four and seven; | ||
(4) social studies, in grade eight; | ||
(5) science, in grades five and eight; and | ||
(6) any other subject and grade required by federal | ||
law. | ||
(b) The agency shall develop or adopt appropriate | ||
criterion-referenced alternative assessment instruments to be | ||
administered in accordance with this subsection to students [ |
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Subchapter A, Chapter 29, for whom an assessment instrument adopted | ||
under Subsection (a), even with allowable accommodations, would not | ||
provide an appropriate measure of student achievement, as | ||
determined by a [ |
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committee. Notwithstanding any other provision of this chapter, the | ||
assessment instruments shall be administered to the smallest | ||
percentage of students in special education programs under | ||
Subchapter A, Chapter 29, in each grade level specified by | ||
Subsection (a) whose performance on the assessment instruments | ||
represents a scientifically valid statistical sample of student | ||
performance for each purpose for which the agency is required or | ||
otherwise intends to use the results. As necessary to comply with | ||
federal law, the agency may use the statistical sampling method | ||
used for the administration of the National Assessment of | ||
Educational Progress (NAEP) assessments for purposes of the No | ||
Child Left Behind Act of 2001 (20 U.S.C. Section 6301 et seq.). | ||
(c-1) The agency shall develop any assessment instrument | ||
required under this section in a manner that, to the greatest extent | ||
practicable, allows for the measurement of annual improvement in | ||
student achievement as required by Sections 39.034(c) and (d). | ||
(l) The State Board of Education shall adopt rules for the | ||
administration, in accordance with this subsection, of the | ||
assessment instruments adopted under Subsection (a) in Spanish to | ||
students in grades three 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). A [ |
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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). The | ||
language proficiency assessment committee established under | ||
Section 29.063 shall determine which students to whom an assessment | ||
instrument is administered shall be [ |
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instruments in Spanish under this subsection. Notwithstanding any | ||
other provision of this chapter, the assessment instruments shall | ||
be administered to the smallest percentage of students to whom this | ||
subsection applies in grades three through five whose performance | ||
on the assessment instruments represents a scientifically valid | ||
statistical sample of student performance for each purpose for | ||
which the agency is required or otherwise intends to use the | ||
results. As necessary to comply with federal law, the agency may | ||
use the statistical sampling method used for the administration of | ||
the National Assessment of Educational Progress (NAEP) assessments | ||
for purposes of the No Child Left Behind Act of 2001 (20 U.S.C. | ||
Section 6301 et seq.). | ||
(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 in accordance with | ||
this subsection to students [ |
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applies for whom the assessment instruments adopted under | ||
Subsection (a), 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 [ |
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Notwithstanding any other provision of this chapter, the assessment | ||
instruments shall be administered to the smallest percentage of | ||
students to whom this subsection applies in each grade level | ||
specified by Subsection (a) whose performance on the assessment | ||
instruments represents a scientifically valid statistical sample | ||
of student performance for each purpose for which the agency is | ||
required or otherwise intends to use the results. As necessary to | ||
comply with federal law, the agency may use the statistical | ||
sampling method used for the administration of the National | ||
Assessment of Educational Progress (NAEP) assessments for purposes | ||
of the No Child Left Behind Act of 2001 (20 U.S.C. Section 6301 et | ||
seq.). The assessment instruments [ |
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shall be administered on the same schedule as the assessment | ||
instruments administered under Subsection (a). | ||
(q) If there is a conflict between the administration of | ||
assessment instruments in accordance with Subsection (a), (b), (l), | ||
or (n) and a federal law or regulation as a result of the method of | ||
administration of assessment instruments under that subsection, | ||
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. | ||
SECTION 2. Section 28.0211, Education Code, is amended by | ||
adding Subsection (q) to read as follows: | ||
(q) The commissioner shall modify the administration of | ||
this section as necessary to conform to the administration of | ||
assessment instruments specified under Subsection (a) only to a | ||
scientifically valid statistical sample of students as provided | ||
under Section 39.023. | ||
SECTION 3. This Act applies beginning with the 2013-2014 | ||
school year. | ||
SECTION 4. 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. |