H.B. No. 3906

	AN ACT
	relating to the assessment of public school students, including the
	development and administration of assessment instruments, and
	technology permitted for use by students.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 39.022, Education Code, is amended to
	read as follows:
	Sec. 39.022.  ASSESSMENT PROGRAM. (a) The State Board of
	Education by rule shall create and implement a statewide assessment
	program that is 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 State Board of Education shall consider the importance
	of maintaining stability in the statewide assessment program when
	adopting any subsequent modification of the rules.
	(b)  It is the policy of this state that the statewide
	assessment program be designed to:
	(1)  provide assessment instruments that are as short
	as practicable; and
	(2)  minimize the disruption to the educational
	program.
	SECTION 2.  Effective September 1, 2021, Section 39.023(a),
	Education Code, 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[, 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)  reading, 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.
	SECTION 3.  Section 39.023, Education Code, is amended by
	amending Subsections (a), (a-12), (a-13), (b-1), (c), and (c-3) and
	adding Subsections (a-4), (a-14), (a-15), (a-16), (c-7), (c-8), and
	(o) 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. 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)  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.
	(a-4)  For purposes of Subsection (a)(1), the State Board of
	Education 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.
	(a-12)  An assessment instrument adopted or developed under
	Subsection (a) may not have more than three parts. A part of an
	assessment instrument must be designed so that:
	(1)  if administered to students in grades three and
	four [through five], 85 percent of students will be able to complete
	that part [the assessment instrument] within 60 [120] minutes; and
	(2)  if administered to students in grades five [six]
	through eight, 85 percent of students will be able to complete that
	part [the assessment instrument] within 75 [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, as a
	result of the time restriction imposed, the assessment instrument
	no longer:
	(1)  complies with federal law; or
	(2)  is valid and reliable, based on findings and
	recommendations made by the advisory committees established under
	Section 39.02302.
	(a-15)  Subsections (a-12) and (a-13) do not apply to a
	classroom portfolio method used to assess writing performance.
	(a-16)  An assessment instrument under this section may not
	be administered to a kindergarten student except for the purpose of
	determining whether the student is entitled to the benefit of the
	Foundation School Program as provided under this code.
	(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 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 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. 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 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 4.  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 5.  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]. [The
	commissioner may not require a school district or open-enrollment
	charter school to administer an assessment instrument by computer.]
	SECTION 6.  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, in consultation with the
	State Board of Education, 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. The plan must:
	(1)  evaluate the availability of Internet access for
	each school district in this state;
	(2)  identify changes to state law or policy necessary
	to improve the availability of Internet access described by
	Subdivision (1);
	(3)  evaluate the state's experience with administering
	online assessment instruments, including the occurrence or effects
	of power outages or other types of disruptions of Internet service,
	and actions taken by the state to mitigate the occurrence and effect
	of those disruptions; and
	(4)  identify and evaluate actions taken by the state
	to improve the administration of online assessment instruments.
	(b)  The agency shall implement the transition plan
	beginning on September 1, 2021. In order to ensure legislative
	approval of the transition plan, this subsection expires August 31,
	2021.
	(c)  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 plan developed under Subsection (a).
	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)  a recommended timeline for statewide
	implementation of electronic administration.
	(d)  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 7.  Subchapter Z, Chapter 25, Education Code, is
	amended by adding Section 25.904 to read as follows:
	Sec. 25.904.  USE OF CALCULATOR APPLICATION IN PLACE OF
	GRAPHING CALCULATOR. (a)  A school district shall permit a student
	enrolled in a course that requires the student to use a graphing
	calculator to use a calculator application on a computing device,
	including a personal, laptop, or tablet computer, that provides the
	same functionality, unless the district makes available to the
	student a graphing calculator at no cost to the student.
	(b)  A school district may adopt policies related to student
	use of a computing device under this section.
	(c)  To the extent this section conflicts with Section
	37.082, this section prevails.
	SECTION 8.  The Texas Education Agency may use not more than
	$35 million annually of foundation school program funds
	appropriated to the agency to implement a provision of this Act.
	SECTION 9.  The Texas Education Agency is required to
	implement a provision of this Act only if the legislature
	appropriates money specifically for that purpose. If the
	legislature does not appropriate money specifically for that
	purpose, the Texas Education Agency may, but is not required to,
	implement a provision of this Act using other appropriations
	available for that purpose.
	SECTION 10.  Unless this Act provides for an effective date
	later than September 1, 2019, this Act applies beginning with the
	2019-2020 school year.
	SECTION 11.  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.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 3906 was passed by the House on May 9,
	2019, by the following vote:  Yeas 139, Nays 1, 3 present, not
	voting; that the House refused to concur in Senate amendments to
	H.B. No. 3906 on May 24, 2019, and requested the appointment of a
	conference committee to consider the differences between the two
	houses; that the House adopted the conference committee report on
	H.B. No. 3906 on May 26, 2019, by the following vote:  Yeas 146,
	Nays 0, 1 present, not voting; and that the House adopted H.C.R. No.
	191 authorizing certain corrections in H.B. No. 3906 on May 26,
	2019, by the following vote: Yeas 146, Nays 0, 1 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 3906 was passed by the Senate, with
	amendments, on May 22, 2019, by the following vote:  Yeas 29, Nays
	2; at the request of the House, the Senate appointed a conference
	committee to consider the differences between the two houses;
	that
	the Senate adopted the conference committee report on H.B. No. 3906
	on May 26, 2019, by the following vote:  Yeas 31, Nays 0; and that
	the Senate adopted H.C.R. No. 191 authorizing certain corrections
	in H.B. No. 3906 on May 27, 2019, by the following vote: Yeas 31,
	Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor