Bill Text: TX HB3906 | 2019-2020 | 86th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the assessment of public school students, including the development and administration of assessment instruments, and technology permitted for use by students.

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Passed) 2019-06-14 - See remarks for effective date [HB3906 Detail]

Download: Texas-2019-HB3906-Comm_Sub.html

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By: Huberty (Senate Sponsor - Taylor) H.B. No. 3906
(In the Senate - Received from the House May 9, 2019;
May 10, 2019, read first time and referred to Committee on
Education; May 19, 2019, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 11, Nays 0;
May 19, 2019, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 3906 By: Taylor

A BILL TO BE ENTITLED
AN ACT
relating to the assessment of public school student development,
comprehension, and performance, including the administration of
assessment instruments for that purpose.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Effective September 1, 2021, Section 21.4551(c),
Education Code, is amended to read as follows:
(c) The commissioner by rule shall require a teacher to
attend a reading academy if the teacher provides instruction in
reading, mathematics, science, or social studies to students at the
sixth, seventh, or eighth grade level at a campus that fails to
satisfy any standard under Section 39.054(e) on the basis of
student performance on the language arts [reading] assessment
instrument administered under Section 39.023(a) to students in any
grade level at the campus.
SECTION 2. Section 28.006, Education Code, is amended by
amending Subsections (b), (c), (d), and (f) and adding Subsections
(b-1), (b-2), (c-2), (c-3), and (l) to read as follows:
(b) The commissioner shall adopt a list of reading
instruments that a school district may use to diagnose student
reading development and comprehension. For use in diagnosing the
reading development and comprehension of kindergarten students,
the commissioner shall adopt a [include on the commissioner's list
at least two] multidimensional assessment tool that includes
[tools. A multidimensional assessment tool on the commissioner's
list must either include] a reading instrument and tests [test] at
least three developmental skills, including literacy[, or test at
least two developmental skills, other than literacy, and be
administered in conjunction with a separate reading instrument that
is on a list adopted under this subsection]. A multidimensional
assessment tool administered as provided by this subsection is
considered to be a reading instrument for purposes of this section.
A district-level committee established under Subchapter F, Chapter
11, may adopt a list of reading instruments for use in the district
in a grade level other than kindergarten in addition to the reading
instruments on the commissioner's list. Each reading instrument
adopted by the commissioner or a district-level committee must be
based on scientific research concerning reading skills development
and reading comprehension. A list of reading instruments adopted
under this subsection must provide for diagnosing the reading
development and comprehension of students participating in a
program under Subchapter B, Chapter 29.
(b-1) The commissioner may approve an alternative reading
instrument for use in diagnosing the reading development and
comprehension of kindergarten students that complies with the
requirements under Subsection (b).
(b-2) The agency may develop reading instruments for
purposes of this section.
(c) Each school district shall administer, at the
[kindergarten and] first and second grade levels, a reading
instrument on the list adopted by the commissioner or by the
district-level committee. The district shall administer the
reading instrument in accordance with the commissioner's
recommendations under Subsection (a)(1).
(c-2) Each school district shall administer at the
kindergarten level a reading instrument adopted by the commissioner
under Subsection (b) or approved by the commissioner under
Subsection (b-1). The district shall administer the reading
instrument in accordance with the commissioner's recommendations
under Subsection (a)(1).
(c-3) The commissioner by rule shall determine the
performance on the reading instrument adopted under Subsection (b)
that indicates kindergarten readiness.
(d) The superintendent of each school district shall:
(1) report to the commissioner and the board of
trustees of the district the results of the reading instruments;
(2) not later than the 60th day after the date on which
a reading instrument was administered report, in writing, to a
student's parent or guardian the student's results on the [reading]
instrument; and
(3) using the school readiness certification system
provided to the school district in accordance with Section
29.161(e), report electronically each student's raw score on the
reading instrument to the agency for use in the school readiness
certification system.
(f) The agency shall ensure at least one reading instrument
for each grade level for which a reading instrument is required to
be administered under this section is available to school districts
at no cost. [This section may be implemented only if funds are
appropriated for administering the reading instruments. Funds,
other than local funds, may be used to pay the cost of administering
a reading instrument only if the instrument is on the list adopted
by the commissioner.]
(l) The commissioner may adopt rules as necessary to
implement this section. Section 2001.0045, Government Code, does
not apply to rules adopted under this subsection.
SECTION 3. Effective September 1, 2021, Section
28.006(c-1), Education Code, is amended to read as follows:
(c-1) Each school district shall administer at the
beginning of the seventh grade a reading instrument adopted by the
commissioner to each student whose performance on the assessment
instrument in language arts [reading] administered under Section
39.023(a) to the student in grade six did not demonstrate reading
proficiency, as determined by the commissioner. The district shall
administer the reading instrument in accordance with the
commissioner's recommendations under Subsection (a)(1).
SECTION 4. Effective September 1, 2021, Sections 28.0211(a)
and (c), Education Code, are amended to read as follows:
(a) Except as provided by Subsection (b) or (e), a student
may not be promoted to:
(1) the sixth grade program to which the student would
otherwise be assigned if the student does not perform
satisfactorily on the fifth grade mathematics and language arts
[reading] assessment instruments under Section 39.023; or
(2) the ninth grade program to which the student would
otherwise be assigned if the student does not perform
satisfactorily on the eighth grade mathematics and language arts
[reading] assessment instruments under Section 39.023.
(c) Each time a student fails to perform satisfactorily on
an assessment instrument specified under Subsection (a), the school
district in which the student attends school shall provide to the
student accelerated instruction in the applicable subject area,
including reading instruction for a student who fails to perform
satisfactorily on a language arts [reading] assessment instrument.
After a student fails to perform satisfactorily on an assessment
instrument a second time, a grade placement committee shall be
established to prescribe the accelerated instruction the district
shall provide to the student before the student is administered the
assessment instrument the third time. The grade placement
committee shall be composed of the principal or the principal's
designee, the student's parent or guardian, and the teacher of the
subject of an assessment instrument on which the student failed to
perform satisfactorily. The district shall notify the parent or
guardian of the time and place for convening the grade placement
committee and the purpose of the committee. An accelerated
instruction group administered by a school district under this
section may not have a ratio of more than 10 students for each
teacher.
SECTION 5. Effective September 1, 2021, Section 29.056(g),
Education Code, is amended to read as follows:
(g) A district may transfer a student of limited English
proficiency out of a bilingual education or special language
program for the first time or a subsequent time if the student is
able to participate equally in a regular all-English instructional
program as determined by:
(1) agency-approved tests administered at the end of
each school year to determine the extent to which the student has
developed oral and written language proficiency and specific
language skills in English;
(2) satisfactory performance on the language arts
[reading] assessment instrument under Section 39.023(a) or an
English language arts assessment instrument under Section
39.023(c), as applicable, with the assessment instrument
administered in English, or, if the student is enrolled in the first
or second grade, an achievement score at or above the 40th
percentile in the reading and language arts sections of an English
standardized test approved by the agency; and
(3) agency-approved criterion-referenced tests and
the results of a subjective teacher evaluation.
SECTION 6. Section 29.1543, Education Code, is amended to
read as follows:
Sec. 29.1543. EARLY EDUCATION REPORTS. The agency shall
produce and make available to the public on the agency's Internet
website annual district and campus-level reports containing
information from the previous school year on early education in
school districts and open-enrollment charter schools. A report
under this section must contain:
(1) the information required by Section 29.1532(c) to
be reported through the Public Education Information Management
System (PEIMS);
(2) a description of the diagnostic reading
instruments administered in accordance with Section 28.006(c) or
(c-2);
(3) the number of students who were administered a
diagnostic reading instrument administered in accordance with
Section 28.006(c) or (c-2);
(4) the number of students whose scores from a
diagnostic reading instrument administered in accordance with
Section 28.006(c) or (c-2) indicate reading proficiency; [and]
(5) the number of kindergarten students who were
enrolled in a prekindergarten program in the previous school year
in the same district or school as the district or school in which
the student attends kindergarten;
(6) the number and percentage of students who perform
satisfactorily on the third grade reading or mathematics assessment
instrument administered under Section 39.023, disaggregated by
whether the student was eligible for free prekindergarten under
Section 29.153;
(7) the number of students described by Subdivision
(6) who attended kindergarten in the district, disaggregated by:
(A) whether the student met the kindergarten
readiness standard on the reading instrument adopted under Section
28.006;
(B) whether the student attended prekindergarten
in the district; and
(C) the type of prekindergarten the student
attended, if applicable; and
(8) the information described by Subdivisions (6) and
(7) disaggregated by whether the student is educationally
disadvantaged.
SECTION 7. Effective September 1, 2021, Section 29.1543,
Education Code, is amended to read as follows:
Sec. 29.1543. EARLY EDUCATION REPORTS. The agency shall
produce and make available to the public on the agency's Internet
website annual district and campus-level reports containing
information from the previous school year on early education in
school districts and open-enrollment charter schools. A report
under this section must contain:
(1) the information required by Section 29.1532(c) to
be reported through the Public Education Information Management
System (PEIMS);
(2) a description of the diagnostic reading
instruments administered in accordance with Section 28.006(c) or
(c-2);
(3) the number of students who were administered a
diagnostic reading instrument administered in accordance with
Section 28.006(c) or (c-2);
(4) the number of students whose scores from a
diagnostic reading instrument administered in accordance with
Section 28.006(c) or (c-2) indicate reading proficiency; [and]
(5) the number of kindergarten students who were
enrolled in a prekindergarten program in the previous school year
in the same district or school as the district or school in which
the student attends kindergarten;
(6) the number and percentage of students who perform
satisfactorily on the third grade language arts or mathematics
assessment instrument administered under Section 39.023,
disaggregated by whether the student was eligible for free
prekindergarten under Section 29.153;
(7) the number of students described by Subdivision
(6) who attended kindergarten in the district, disaggregated by:
(A) whether the student met the kindergarten
readiness standard on the reading instrument adopted under Section
28.006;
(B) whether the student attended prekindergarten
in the district; and
(C) the type of prekindergarten the student
attended, if applicable; and
(8) the information described by Subdivisions (6) and
(7) disaggregated by whether the student is educationally
disadvantaged.
SECTION 8. Section 39.022, Education Code, is amended to
read as follows:
Sec. 39.022. ASSESSMENT PROGRAM. The commissioner, after
providing for a public hearing in coordination with the State Board
of Education, by rule shall create and implement a statewide
assessment program that is based on the essential knowledge and
skills adopted by the State Board of Education under Subchapter A,
Chapter 28, [knowledge- and skills-based] to ensure school
accountability for student achievement that achieves the goals
provided under Section 4.002. After adopting rules under this
section, the commissioner [State Board of Education] shall consider
the importance of maintaining stability in the statewide assessment
program when adopting any subsequent modification of the rules.
SECTION 9. Effective September 1, 2021, Section 39.023,
Education Code, is amended by amending Subsection (a) and adding
Subsection (a-4) to read as follows:
(a) The agency shall adopt or develop appropriate
criterion-referenced assessment instruments designed to assess
essential knowledge and skills in language arts [reading, writing],
mathematics, social studies, and science. Except as provided by
Subsection (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
[seven without the aid of technology and in grade] eight [with the
aid of technology on any assessment instrument that includes
algebra];
(2) language arts, including reading and writing,
annually in grades three through eight;
(3) [writing, including spelling and grammar, in
grades four and seven;
[(4)] social studies, in grade eight;
(4) [(5)] science, in grades five and eight; and
(5) [(6)] any other subject and grade required by
federal law.
(a-4) For purposes of Subsection (a)(1), the commissioner
by rule may designate sections of a mathematics assessment
instrument for a grade level that:
(1) may be completed with the aid of technology; and
(2) must be completed without the aid of technology.
SECTION 10. Section 39.023, Education Code, is amended by
amending Subsections (a-12), (a-13), (b-1), (c), and (c-3) and
adding Subsections (a-14), (a-15), (c-7), (c-8), and (o) to read as
follows:
(a-12) Each [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 all
[the] assessment instruments for that grade [instrument] within an
aggregate period equal to the number of assessment instruments for
that grade multiplied by 120 minutes; and
(2) if administered to students in grades six through
eight, 85 percent of students will be able to complete all [the]
assessment instruments for that grade [instrument] within an
aggregate period equal to the number of assessment instruments for
that grade multiplied by 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 in
multiple parts over more than [on only] one day.
(a-14) Subsections (a-12) and (a-13) do not apply to the
administration of assessment instruments for a grade level if the
time restriction imposed would result in a determination by the
commissioner that an assessment instrument is no longer valid and
reliable.
(a-15) Subsections (a-12) and (a-13) do not apply to a
classroom portfolio method used to assess writing performance.
(b-1) The agency, in conjunction with appropriate
interested persons, shall redevelop assessment instruments adopted
or developed under Subsection (b) for administration to
significantly cognitively disabled students in a manner consistent
with federal law. An assessment instrument under this subsection
may not require a teacher to prepare tasks or materials for a
student who will be administered such an assessment instrument. A
classroom portfolio method used to assess writing performance may
require a teacher to prepare tasks and materials [Assessment
instruments adopted or developed under this subsection shall be
administered not later than the 2014-2015 school year].
(c) The agency shall also adopt end-of-course assessment
instruments for secondary-level courses in Algebra I, biology,
English I, English II, and United States history. The Algebra I
end-of-course assessment instrument must be administered with the
aid of technology, but may include one or more parts that prohibit
the use of technology. The English I and English II end-of-course
assessment instruments must each assess essential knowledge and
skills in both reading and writing [in the same assessment
instrument] and must provide a single score. A school district
shall comply with commissioner [State Board of Education] rules
regarding administration of the assessment instruments listed in
this subsection. If a 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
commissioner [State Board of Education] shall administer the
assessment instruments. [The State Board of Education shall adopt
a schedule for the administration of end-of-course assessment
instruments that complies with the requirements of Subsection
(c-3).]
(c-3) Except as provided by Subsection (c-7), in [In]
adopting a schedule for the administration of assessment
instruments under this section, the commissioner [State Board of
Education] shall ensure that [require:
[(1)] assessment instruments administered under
Subsection (a) or (c) are not [to be] administered on the first
instructional day of a week [a schedule so that the first assessment
instrument is administered at least two weeks later than the date on
which the first assessment instrument was administered under
Subsection (a) during the 2006-2007 school year; and
[(2) the spring administration of end-of-course
assessment instruments under Subsection (c) to occur in each school
district not earlier than the first full week in May, except that
the spring administration of the end-of-course assessment
instruments in English I and English II must be permitted to occur
at an earlier date].
(c-7) Subsection (c-3) does not apply to a classroom
portfolio method used to assess writing performance if student
performance under that method is less than 50 percent of a student's
overall assessed performance in writing.
(c-8) Beginning with the 2022-2023 school year, an
assessment instrument developed under Subsection (a) or (c) may not
present more than 75 percent of the questions in a multiple choice
format.
(o) The agency shall adopt or develop optional interim
assessment instruments for each subject or course for each grade
level subject to assessment under this section. A school district
may not be required to administer interim assessment instruments
adopted or developed under this subsection. An interim assessment
instrument:
(1) must be:
(A) predictive of the assessment instrument for
the applicable subject or course for that grade level required
under this section; and
(B) administered electronically; and
(2) may not be used for accountability purposes.
SECTION 11. Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.02302 to read as follows:
Sec. 39.02302. ADVISORY COMMITTEES FOR ASSESSMENT
INSTRUMENTS. (a) The commissioner shall appoint a technical
advisory committee to advise the commissioner and the agency
regarding the development of valid and reliable assessment
instruments for purposes of this chapter. The members of the
committee must be experts on educational assessments and
psychometrics.
(b) The commissioner shall appoint an educator advisory
committee to advise the commissioner and the agency regarding the
development of academically appropriate assessment instruments for
purposes of this chapter. The members of the committee must include
experts in curriculum and instruction.
(c) The agency may compensate a member of the technical or
educator advisory committee or reimburse the member for expenses
incurred in the performance of duties related to the member's
service on the committee.
(d) The selection of or payment to a member of the technical
or educator advisory committee is not subject to Chapter 2110 or
2254, Government Code.
SECTION 12. Section 39.0234, Education Code, is amended to
read as follows:
Sec. 39.0234. ELECTRONIC ADMINISTRATION OF ASSESSMENT
INSTRUMENTS [BY COMPUTER]. (a) The agency shall ensure that
assessment instruments required under Section 39.023 are capable of
being administered electronically [by computer].
(b) A school district shall administer each assessment
instrument required under Section 39.023 electronically unless the
district receives a waiver from the commissioner. This subsection
does not apply to the administration of an assessment instrument to
a student who requires accommodations in the administration of the
assessment instrument that are not available if administered
electronically.
(c) Except as provided by Section 39.02341, a school
district must comply with Subsection (b) beginning with the
2022-2023 school year. This subsection expires September 1, 2023.
[The commissioner may not require a school district or
open-enrollment charter school to administer an assessment
instrument by computer.]
SECTION 13. Subchapter B, Chapter 39, Education Code, is
amended by adding Sections 39.02341, 39.0236, and 39.0237 to read
as follows:
Sec. 39.02341. TRANSITION TO ELECTRONIC ADMINISTRATION OF
ASSESSMENT INSTRUMENTS. (a) The agency shall develop a transition
plan to administer all assessment instruments required under
Section 39.023 electronically beginning not later than the
2022-2023 school year.
(b) As part of the transition plan, the agency may provide
results on an assessment instrument required under Section 39.023
on an accelerated schedule to school districts that administer the
assessment instrument electronically. For purposes of this
subsection, the commissioner by rule may require the results on an
assessment instrument administered electronically to be reported
to the district as soon as practicable after administration.
(c) As part of the transition plan, the commissioner may
require a school district to comply with Section 39.0234(b) before
the 2022-2023 school year.
(d) Not later than December 1, 2020, the agency shall submit
to the governor, the lieutenant governor, and the members of the
legislature a report on the progress of transitioning to electronic
administration of all assessment instruments required under
Section 39.023. The report must include:
(1) information from school districts assessing the
needs of those districts in transitioning to electronic
administration;
(2) any recommended changes to state law to assist in
the transition; and
(3) any recommended adjustments to the timeline for
statewide implementation of electronic administration.
(e) Not later than December 1, 2022, the agency shall submit
to the governor, the lieutenant governor, and the members of the
legislature a report on the anticipated impact to school districts
of the implementation of electronic administration of all
assessment instruments required under Section 39.023.
(f) This section expires September 1, 2023.
Sec. 39.0236. INTEGRATED FORMATIVE ASSESSMENT PILOT
PROGRAM. (a) The agency shall establish a pilot program in which
participating school districts administer to students integrated
formative assessment instruments for subjects or courses for a
grade level subject to assessment under Section 28.006 or 39.023.
(b) A school district may elect to participate in the pilot
program.
(c) A school district's participation in the pilot program
does not affect the district's obligations regarding the
administration of assessment instruments required under Section
39.023.
(d) Not later than December 1 of each even-numbered year,
the agency shall submit to the governor, the lieutenant governor,
and the members of the legislature a report on the pilot program
that includes:
(1) an analysis of whether the administration of
integrated formative assessment instruments under the pilot
program provided any improvement in instructional support during
the preceding two school years; and
(2) a determination of the feasibility of replacing
the assessment instruments required under Section 39.023 with
integrated formative assessment instruments.
Sec. 39.0237. CONSIDERATION OF PREKINDERGARTEN ASSESSMENT
INSTRUMENTS PROHIBITED. Performance on an assessment instrument
administered to students in prekindergarten may not be considered
for any purpose under this chapter or Chapter 39A.
SECTION 14. Section 39.0241(a), Education Code, is amended
to read as follows:
(a) The commissioner shall determine the level of
performance considered to be satisfactory on the assessment
instruments, including:
(1) an approaches grade level performance standard in
the applicable subject or course that indicates that a student is
likely to succeed in the subject for the subsequent grade level or
in the subsequent course with targeted intervention;
(2) a meets grade level performance standard in the
applicable subject or course that indicates that a student has a
high likelihood of success in the subject for the subsequent grade
level or in the subsequent course but may still need short-term,
targeted intervention; and
(3) a masters grade level performance standard in the
applicable subject or course that indicates that a student is
expected to succeed in the subject for the subsequent grade level or
in the subsequent course with little or no academic intervention.
SECTION 15. Section 39.026, Education Code, is amended to
read as follows:
Sec. 39.026. LOCAL OPTION. In addition to the assessment
instruments adopted by the agency [and administered by the State
Board of Education], a school district may adopt and administer
criterion-referenced or norm-referenced assessment instruments, or
both, at any grade level. A norm-referenced assessment instrument
adopted under this section must be economical, nationally
recognized, and state-approved.
SECTION 16. Sections 39.0261(a), (e), and (f), Education
Code, are amended to read as follows:
(a) In addition to the assessment instruments otherwise
authorized or required by this subchapter:
(1) each school year and at state cost, a school
district may administer to students in the spring of the eighth
grade an established, valid, reliable, and nationally
norm-referenced preliminary college preparation assessment
instrument for the purpose of diagnosing the academic strengths and
deficiencies of students before entrance into high school;
(2) each school year and at state cost, a school
district may administer to students in the 10th grade an
established, valid, reliable, and nationally norm-referenced
preliminary college preparation assessment instrument for the
purpose of measuring a student's progress toward readiness for
college and the workplace; and
(3) high school students in the spring of the 11th
grade or during the 12th grade may select and take once, at state
cost:
(A) [,] one of the valid, reliable, and
nationally norm-referenced assessment instruments used by colleges
and universities as part of their undergraduate admissions
processes; or
(B) the assessment instrument designated by the
Texas Higher Education Coordinating Board under Section 51.334.
(e) Subsection (a)(3) does not prohibit a high school
student [in the spring of the 11th grade or during the 12th grade]
from selecting and taking, at the student's own expense, an
assessment instrument described by that subdivision [one of the
valid, reliable, and nationally norm-referenced assessment
instruments used by colleges and universities as part of their
undergraduate admissions processes more than once].
(f) The provisions of this section regarding assessment
instruments administered under Subsection (a)(1) or (2) apply only
if the legislature appropriates funds for those purposes [of this
section].
SECTION 17. Subchapter Z, Chapter 39A, Education Code, is
amended by adding Section 39A.907 to read as follows:
Sec. 39A.907. ASSESSMENT INSTRUMENT STUDY. (a) The
commissioner shall contract for a study to determine whether, for
each applicable grade level, each assessment instrument
administered under Section 39.023(a) during the 2018-2019 school
year or scheduled to be administered during the 2019-2020 school
year is written at the appropriate reading level for students in
that grade level and includes only passages written at a reading
level not higher than the grade level at which the assessment
instrument is administered.
(b) In contracting for the study, the commissioner shall use
a competitive process to select an independent entity to conduct
the study that is not an entity that develops or otherwise reviews
assessment instruments under Chapter 39.
(c) Chapter 2254, Government Code, does not apply to a
contract procured under this section.
(d) Not later than December 1, 2019, the commissioner shall
submit a report to the governor, the lieutenant governor, the
legislature, and the presiding officer of each legislative standing
committee with jurisdiction over primary and secondary education
that includes the results of the study.
(e) This section expires September 1, 2021.
SECTION 18. Section 21.410, Education Code, is repealed.
SECTION 19. Unless this Act provides for an effective date
later than September 1, 2019, this Act applies beginning with the
2019-2020 school year.
SECTION 20. Except as otherwise provided by this Act:
(1) this Act takes effect immediately if this Act
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution;
and
(2) if this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2019.
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