H.B. No. 743

	AN ACT
	relating to the essential knowledge and skills of the required
	public school curriculum and to certain 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-11), (a-12), and (a-13) to read as follows:
	(a-11)  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-12)  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-13)  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.
	SECTION 2.  Subchapter B, Chapter 39, Education Code, is
	amended by adding Section 39.0236 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, 2016, 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,
	2016, the State Board of Education shall review the study and shall
	submit to the governor and each member of the legislature the
	agency's report and board recommendations regarding each issue
	evaluated under Subsection (b).
	(d)  This section expires June 1, 2017.
	SECTION 3.  Sections 39.0261(b) and (c), Education Code, are
	amended to read as follows:
	(b)  The agency shall:
	(1)  select and approve vendors of the specific
	assessment instruments administered under this section; and
	(2)  provide reimbursement to a school district
	for [pay] all fees associated with the administration of the
	assessment instrument from funds appropriated for that purpose
	[allotted under the Foundation School Program, and the commissioner
	shall reduce the total amount of state funds allocated to each
	district from any source in the same manner described for a
	reduction in allotments under Section 42.253].
	(c)  The agency shall ensure that a school district is not
	reimbursed [vendors are not paid] under Subsection (b) for the
	administration of an assessment instrument to a student to whom the
	assessment instrument is not actually administered. The agency may
	comply with this subsection by any reasonable means, including by
	creating a refund system under which a school district [vendor]
	returns any payment made for a student who registered for the
	administration of an assessment instrument but did not appear for
	the administration.
	SECTION 4.  Subchapter B, Chapter 39, Education Code, is
	amended by adding Section 39.0381 to read as follows:
	Sec. 39.0381.  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 5.  This Act applies beginning with the 2015-2016
	school year.
	SECTION 6.  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, 2015.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 743 was passed by the House on May 4,
	2015, by the following vote:  Yeas 137, Nays 2, 1 present, not
	voting; that the House refused to concur in Senate amendments to
	H.B. No. 743 on May 27, 2015, 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. 743 on May 31, 2015, by the following vote:  Yeas 143,
	Nays 1, 1 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 743 was passed by the Senate, with
	amendments, on May 25, 2015, by the following vote:  Yeas 27, Nays
	4; 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.
	743 on May 30, 2015, by the following vote:  Yeas 27, Nays 4.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor