Bill Text: TX HB29 | 2011 | 82nd Legislature 1st Special | Introduced


Bill Title: Relating to requirements for students to be assessed in certain subjects and in certain grades.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-06-01 - Referred to Public Education [HB29 Detail]

Download: Texas-2011-HB29-Introduced.html
 
 
  By: Hochberg H.B. No. 29
 
 
 
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 (l) 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 October 1, 2011.
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