Bill Text: TX HB3668 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the administration of assessment instruments in public schools, eliminating the requirement to use public school assessment instruments as a criterion for promotion or graduation, and the temporary suspension of certain accountability determinations for a school district or campus in a school year in which the operations of the district or campus are disrupted as a result of a declared disaster.
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Introduced - Dead) 2021-04-30 - Committee report sent to Calendars [HB3668 Detail]
Download: Texas-2021-HB3668-Introduced.html
Bill Title: Relating to the administration of assessment instruments in public schools, eliminating the requirement to use public school assessment instruments as a criterion for promotion or graduation, and the temporary suspension of certain accountability determinations for a school district or campus in a school year in which the operations of the district or campus are disrupted as a result of a declared disaster.
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Introduced - Dead) 2021-04-30 - Committee report sent to Calendars [HB3668 Detail]
Download: Texas-2021-HB3668-Introduced.html
By: VanDeaver | H.B. No. 3668 |
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relating to eliminating certain state-required assessment | ||
instruments and certain end-of-course assessment instruments not | ||
required by federal law, removal of high-stakes on children and | ||
temporary suspension of accountability determinations including | ||
criterion for promotion or graduation of a public school student. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 39.023(a), Education Code, as effective | ||
until September 1, 2021 and as 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, [ |
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(a-2), all students, other than students assessed under Subsection | ||
(b) or (l) or exempted under Section 39.027, shall be assessed in: | ||
(1) mathematics, annually in grades three through | ||
eight; | ||
(2) reading, annually in grades three through eight; | ||
(3) [ |
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SECTION 2. Section 39.023, Education Code, is amended by | ||
amending Subsections (c) and adding Subsection (q) to read as | ||
follows: | ||
(c) The agency shall also adopt end-of-course assessment | ||
instruments for secondary-level courses in reading, mathematics, | ||
and science only as necessary to comply with the Every Student | ||
Succeeds Act (20 U.S.C. Section 6301 et seq.) to be administered | ||
only as necessary to meet the minimum requirements of that Act | ||
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Board of Education rules regarding administration of the assessment | ||
instruments adopted under [ |
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student is in a special education program under Subchapter A, | ||
Chapter 29, the student's admission, review, and dismissal | ||
committee shall determine whether any allowable modification is | ||
necessary in administering to the student an assessment instrument | ||
required under this subsection. The State Board of Education shall | ||
administer the assessment instruments. An end-of-course | ||
assessment instrument may be administered in multiple parts over | ||
more than one day. |
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(q) Notwithstanding any provision of this section or other | ||
law, if changes made to the Every Student Succeeds Act (20 U.S.C. | ||
Section 6301 et seq.) reduce the number or frequency of assessment | ||
instruments required to be administered to students, the State | ||
Board of Education shall adopt rules reducing the number or | ||
frequency of assessment instruments administered to students under | ||
state law, and the commissioner shall ensure that students are not | ||
assessed in subject areas or in grades that are no longer required | ||
to meet the minimum requirements of that Act. | ||
SECTION 3. Section 39.025(a-1), Education Code, is amended | ||
to read as follows: | ||
(a-1) A student enrolled in a college preparatory | ||
mathematics or English language arts course under Section 28.014 | ||
who satisfies the Texas Success Initiative (TSI) college readiness | ||
benchmarks prescribed by the Texas Higher Education Coordinating | ||
Board under Section 51.334 on an assessment instrument designated | ||
by the coordinating board under that section administered at the | ||
end of the college preparatory mathematics or English language arts | ||
course satisfies the requirements concerning and is exempt from the | ||
administration of the mathematics or reading [ |
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previous administration of the applicable end-of-course assessment | ||
instrument. A student who fails to perform satisfactorily on the | ||
assessment instrument designated by the coordinating board under | ||
Section 51.334 administered as provided by this subsection may | ||
retake that assessment instrument for purposes of this subsection | ||
or may take the appropriate end-of-course assessment instrument. | ||
SECTION 4. Section 39.203(c), Education Code, is amended to | ||
read as follows: | ||
(c) In addition to the distinction designations described | ||
by Subsections (a) and (b), a campus that satisfies the criteria | ||
developed under Section 39.204 shall be awarded a distinction | ||
designation by the commissioner for outstanding performance in | ||
academic achievement in reading [ |
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mathematics, or science[ |
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SECTION 5. Subchapter B, Chapter 39, Education Code, is | ||
amended by adding Section 39.0239 to read as follows: | ||
Sec. 39.0239. ADMINISTRATION OF ASSESSMENT INSTRUMENTS AND | ||
TEMPORARY SUSPENSION OF CERTAIN ACCOUNTABILITY MEASURES DURING | ||
DISASTER. (a) If a school district is located wholly or partly in | ||
the area of a disaster declared by the president of the United | ||
States under the Robert T. Stafford Disaster Relief and Emergency | ||
Assistance Act (42 U.S.C. Section 5121 et seq.) or by the governor | ||
under Chapter 418, Government Code, during a school year in which | ||
district operations, including in-person attendance, are | ||
disrupted, the commissioner shall apply to the United States | ||
Department of Education for a waiver of the requirement under the | ||
Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) to | ||
administer assessment instruments during that school year for the | ||
affected district. | ||
(b) If the United States Department of Education fails to | ||
grant a waiver requested under Subsection (a), the assessment | ||
instruments shall be administered as required under Section 39.023 | ||
during the applicable school year, but, notwithstanding any other | ||
law, the commissioner may not consider the results of the | ||
assessment instruments for purposes of: | ||
(1) evaluating school district or campus performance | ||
under this chapter for the affected district for the applicable | ||
school year, including in determining: | ||
(A) the performance rating to assign to the | ||
district or the district's campuses under Section 39.054; or | ||
(B) whether to impose any intervention or | ||
sanction authorized by Chapter 39A after the applicable school year | ||
on the district or the district's campuses; or | ||
(2) determining a student's qualification for | ||
promotion or graduation. | ||
SECTION 6. Section 28.021 and Section 28.0211, Education | ||
Code, is amended to read as follows: | ||
Sec. 28.021. STUDENT ADVANCEMENT. | ||
(c) In determining promotion under Subsection (a), a school | ||
district shall consider: | ||
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Sec. 28.0211. SATISFACTORY PERFORMANCE ON ASSESSMENT | ||
INSTRUMENTS REQUIRED; ACCELERATED INSTRUCTION. |
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(a-2) A student who fails to perform satisfactorily on an | ||
assessment instrument specified under Subsection (a) and who is | ||
promoted to the next grade level must complete accelerated | ||
instruction required under Subsection (a-1) before placement in the | ||
next grade level. |
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(b) A school district shall provide to a student who | ||
initially fails to perform satisfactorily on an assessment | ||
instrument specified under Subsection (a) at least two additional | ||
opportunities to take the assessment instrument. A school district | ||
may administer an alternate assessment instrument to a student who | ||
has failed an assessment instrument specified under Subsection (a) | ||
on the previous two opportunities. |
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(e) |
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Sec. 39.025. SECONDARY-LEVEL PERFORMANCE REQUIRED. | ||
(a) The commissioner shall adopt rules requiring a student | ||
in the foundation high school program under Section 28.025 to be | ||
administered an end-of-course assessment instrument listed in | ||
Section 39.023(c) only for a course in which the student is enrolled | ||
and for which an end-of-course assessment instrument is | ||
administered. |
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subsection does not require a student to demonstrate readiness to | ||
enroll in an institution of higher education. | ||
(a-2) The commissioner shall determine a method by which a | ||
student's satisfactory performance on an advanced placement test, | ||
an international baccalaureate examination, an SAT Subject Test, | ||
the SAT, the ACT, or any nationally recognized norm-referenced | ||
assessment instrument used by institutions of higher education to | ||
award course credit based on satisfactory performance on the | ||
assessment instrument shall be used to satisfy the requirements | ||
concerning an end-of-course assessment instrument in an equivalent | ||
course as prescribed by Subsection (a). The commissioner shall | ||
determine a method by which a student's satisfactory performance on | ||
the PSAT or the ACT-Plan shall be used to satisfy the requirements | ||
concerning an end-of-course assessment instrument in an equivalent | ||
course as prescribed by Subsection (a). |
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(a-4) The admission, review, and dismissal committee of a | ||
student in a special education program under Subchapter A, Chapter | ||
29, shall determine whether, to receive a high school diploma, the | ||
student is required to achieve satisfactory performance on | ||
end-of-course assessment instruments. | ||
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(b-1) A school district shall provide each student who fails | ||
to perform satisfactorily as determined by the commissioner under | ||
Section 39.0241(a) on an end-of-course assessment instrument with | ||
accelerated instruction in the subject assessed by the assessment | ||
instrument. | ||
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(g) Rules adopted under Subsection (f) must require that | ||
each student who will be subject to the requirements of Subsection | ||
(a) is entitled to notice of the specific requirements applicable | ||
to the student. Notice under this subsection must be provided not | ||
later than the date the student enters the eighth grade. | ||
SECTION 7. Effective September 1, 2021, Education Code Sec. | ||
28.0258 is repealed. | ||
SECTION 8. To the extent of any conflict, this Act prevails | ||
over another Act of the 87th Legislature, Regular Session, 2021, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 9. 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. |