By: King of Hemphill (Senate Sponsor - Seliger)	H.B. No. 2811
	(In the Senate - Received from the House May 12, 2015;
	May 13, 2015, read first time and referred to Committee on
	Education; May 22, 2015, reported adversely, with favorable
	Committee Substitute by the following vote:  Yeas 10, Nays 0;
	May 22, 2015, sent to printer.)
Click here to see the committee vote
	COMMITTEE SUBSTITUTE FOR H.B. No. 2811	By:  Seliger

	A BILL TO BE ENTITLED
	AN ACT
	relating to the essential knowledge and skills of the required
	public school curriculum, the administration of and reports
	relating to assessment instruments administered to public school
	students, the instructional materials allotment, and proclamations
	for the production of instructional materials.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter A, Chapter 28, Education Code, is
	amended by adding Section 28.0025 to read as follows:
	Sec. 28.0025.  REVIEW AND MODIFICATION OF ESSENTIAL
	KNOWLEDGE AND SKILLS. (a)  The State Board of Education shall:
	(1)  conduct a review of the essential knowledge and
	skills of each foundation curriculum subject under Section
	28.002(a)(1) that were most recently revised by the board with an
	effective date before September 1, 2012; and
	(2)  modify the essential knowledge and skills of each
	foundation curriculum subject reviewed under Subdivision (1) to
	narrow the content and scope of standards and skills for the subject
	at each grade level in accordance with this section.
	(b)  In complying with this section, the State Board of
	Education shall consider:
	(1)  at each grade level for each subject reviewed
	under this section, the time:
	(A)  a teacher would require to provide
	comprehensive instruction on a particular standard or skill; and
	(B)  a typical student would require to master a
	particular standard or skill;
	(2)  whether, in light of the consideration required by
	Subdivision (1), each essential knowledge and skill of a subject
	reviewed under this section can be comprehensively taught within
	the number of school days required under Section 25.081, not
	including the number of days required for testing;
	(3)  the college and career readiness standards, and
	whether inclusion of part of those standards in the essential
	knowledge and skills of a subject reviewed under this section is
	possible; and
	(4)  whether an assessment instrument administered
	under Section 39.023 adequately assesses a particular standard or
	skill.
	(c)  In establishing or following an established timeline
	for reviewing and modifying the essential knowledge and skills as
	required under this section, the State Board of Education shall
	ensure that the timeline reflects a priority to first review and
	modify a subject for which an end-of-course assessment instrument
	under Section 39.023(c) is administered before a subject for which
	an assessment instrument under Section 39.023(a) is administered.
	The board shall complete the review and modification of the
	essential knowledge and skills at each grade level for each
	applicable subject as required under this section not later than
	September 1, 2018.
	(d)  Until the review and modification under this section is
	complete, the State Board of Education may not add to or modify the
	content and scope of standards and skills for any subject in the
	foundation curriculum under Section 28.002(a)(1) reviewed under
	this section unless modifications are made in accordance with this
	section.
	(e)  This section expires September 1, 2018.
	SECTION 2.  Section 28.008(d), Education Code, is amended to
	read as follows:
	(d)  The State Board of Education shall incorporate college
	readiness standards and expectations approved by the commissioner
	of education and the Texas Higher Education Coordinating Board
	under Subsection (b) into the essential knowledge and skills
	identified by the board under Section 28.002(c).  The State Board of
	Education shall develop a chart that clearly indicates the
	alignment of the college readiness standards and expectations with
	the essential knowledge and skills identified by the board under
	Section 28.002(c).
	SECTION 3.  Subchapter A, Chapter 28, Education Code, is
	amended by adding Section 28.0081 to read as follows:
	Sec. 28.0081.  ADMINISTRATION OF ASSESSMENT INSTRUMENT FOR
	DIAGNOSTIC PURPOSES.  (a)  Not later than April 1 of each school
	year, a school district, using funds appropriated to the agency and
	distributed by the commissioner to the district for that purpose,
	shall administer an assessment instrument designated by the Texas
	Higher Education Coordinating Board under Section 51.3062(c) to
	each student in the district enrolled in the 10th grade.  A
	student's performance on the assessment instrument may only be used
	for diagnostic purposes, including a determination as to whether a
	student should be enrolled in developmental education courses.  If
	a student is in a special education program under Subchapter A,
	Chapter 29, the student's admission, review, and dismissal
	committee shall determine if it is appropriate for the student to be
	administered the assessment instrument required under this
	section.
	(b)  This section applies only until the State Board of
	Education has completed the review and modification of essential
	knowledge and skills of the foundation curriculum subjects required
	by Section 28.0025.  This section expires September 1, 2018.
	SECTION 4.  Section 31.002, Education Code, is amended by
	adding Subdivision (1-b) to read as follows:
	(1-b)  "Proclamation" means a request for production of
	instructional materials issued by the State Board of Education.
	SECTION 5.  Sections 31.0211(a) and (d), Education Code, are
	amended to read as follows:
	(a)  A school district is entitled to an [annual] allotment
	each biennium from the state instructional materials fund for each
	student enrolled in the district on a date during the last year of
	the preceding biennium [school year] specified by the
	commissioner.  The commissioner shall determine the amount of the
	allotment per student each biennium [year] on the basis of the
	amount of money available in the state instructional materials fund
	to fund the allotment.  An allotment under this section shall be
	transferred from the state instructional materials fund to the
	credit of the district's instructional materials account as
	provided by Section 31.0212.
	(d)  Each biennium [year] a school district shall use the
	district's allotment under this section to purchase, in the
	following order:
	(1)  instructional materials necessary to permit the
	district to certify that the district has instructional materials
	that cover all elements of the essential knowledge and skills of the
	required curriculum, other than physical education, for each grade
	level as required by Section 28.002; and
	(2)  any other instructional materials or
	technological equipment as determined by the district.
	SECTION 6.  Section 31.0212(a), Education Code, is amended
	to read as follows:
	(a)  The commissioner shall maintain an instructional
	materials account for each school district. In the first year of
	each biennium [Each school year], the commissioner shall deposit in
	the account for each district the amount of the district's
	instructional materials allotment under Section 31.0211.
	SECTION 7.  Sections 31.0215(a) and (b), Education Code, are
	amended to read as follows:
	(a)  The commissioner shall, as early as practicable during
	each biennium [fiscal year], notify each school district and
	open-enrollment charter school of the estimated amount to which the
	district or charter school will be entitled under Section 31.0211
	during the next fiscal biennium [year].
	(b)  The commissioner may allow a school district or
	open-enrollment charter school to place an order for instructional
	materials before the beginning of a fiscal biennium [year] and to
	receive instructional materials before payment.  The commissioner
	shall limit the cost of an order placed under this section to 80
	percent of the estimated amount to which a school district or
	open-enrollment charter school is estimated to be entitled as
	provided by Subsection (a) and shall first credit any balance in a
	district or charter school instructional materials account to pay
	for an order placed under this section.
	SECTION 8.  Section 31.022, Education Code, is amended by
	adding Subsections (b-1), (b-2), and (b-3) and amending Subsection
	(f) to read as follows:
	(b-1)  For any state fiscal biennium, the board may only
	issue proclamations for instructional materials in which the total
	projected cost of instructional materials under the proclamations
	does not exceed 75 percent of the total amount used to fund the
	instructional materials allotment under Section 31.0211 for that
	biennium.
	(b-2)  Following the adoption of revised essential knowledge
	and skills for any subject, the board shall determine whether
	issuance of a proclamation is necessary based on the significance
	of the changes to the essential knowledge and skills. If the board
	determines a proclamation is necessary, the board shall issue:
	(1)  a full call for instructional materials aligned to
	all of the essential knowledge and skills for the subject and grade
	level;
	(2)  a supplemental call for instructional materials
	aligned to new or expanded essential knowledge and skills for the
	subject and grade level;
	(3)  a call for new information demonstrating alignment
	of current instructional materials to the revised essential
	knowledge and skills; or
	(4)  any combination of the calls described by
	Subdivisions (1), (2), and (3).
	(b-3)  In determining the disbursement of money to the
	available school fund and the amount of that disbursement that will
	be used, in accordance with Section 43.001(d), to fund the
	instructional materials allotment under Section 31.0211, the board
	must consider the cost of all instructional materials and
	technology requirements for that state fiscal biennium.
	(f)  The board shall amend any proclamation [request for
	production] issued for the purchase of instructional materials to
	conform to the instructional materials funding levels provided by
	the General Appropriations Act for the year of implementation and
	to comply with Subsection (b-1).
	SECTION 9.  Subchapter B, Chapter 39, Education Code, is
	amended by adding Section 39.0239 to read as follows:
	Sec. 39.0239.  REQUIRED REPORT FOR CERTAIN ASSESSMENTS.
	(a)  Following the administration of an assessment instrument
	adopted or developed under Section 39.023(a), the agency shall
	provide a detailed report of a student's performance on the
	assessment instrument to:
	(1)  the student;
	(2)  the student's parent or other person standing in
	parental relationship; and
	(3)  the student's teachers.
	(b)  The report provided under Subsection (a) must include an
	analysis of a student's performance on each assessed standard or
	skill in the essential knowledge and skills of the subject for which
	the assessment instrument was administered.  The analysis must
	indicate whether the student mastered each standard or skill
	assessed in the assessment instrument.
	(c)  The analysis under Subsection (b) must demonstrate both
	individual assessment results and assessment results aggregated
	across classes, campuses, and districts.
	(d)  If the commissioner contracts with a third party for the
	development or adoption of an assessment instrument under Section
	39.023(a), the contract must require the third party to fulfill the
	requirements of this section.
	SECTION 10.  Section 43.001(d), Education Code, is amended
	to read as follows:
	(d)  Each biennium [year] the State Board of Education shall
	set aside an amount equal to 50 percent of the [annual] distribution
	for that biennium [year] from the permanent school fund to the
	available school fund as provided by Section 5(a), Article VII,
	Texas Constitution, to be placed, subject to the General
	Appropriations Act, in the state instructional materials fund
	established under Section 31.021.
	SECTION 11.  Section 403.093(d), Government Code, is amended
	to read as follows:
	(d)  The comptroller shall transfer from the general revenue
	fund to the foundation school fund an amount of money necessary to
	fund the foundation school program as provided by Chapter 42,
	Education Code. The comptroller shall make the transfers in
	installments as necessary to comply with Section 42.259, Education
	Code, and permit the Texas Education Agency, to the extent
	authorized by the General Appropriations Act, to make temporary
	transfers from the foundation school fund for payment of the
	instructional materials allotment under Section 31.0211, Education
	Code. Unless an earlier date is necessary for purposes of temporary
	transfers for payment of the instructional materials allotment, an
	[An] installment must be made not earlier than two days before the
	date an installment to school districts is required by Section
	42.259, Education Code, and must not exceed the amount necessary
	for that payment and any temporary transfers for payment of the
	instructional materials allotment.
	SECTION 12.  Sections 31.101(d) and (e), Education Code, are
	repealed.
	SECTION 13.  Not later than January 1, 2016, the State Board
	of Education shall adopt a chart as prescribed by Section
	28.008(d), Education Code, as amended by this Act.
	SECTION 14.  The change in law made by Section 39.0239(d),
	Education Code, as added by this Act, applies only to a contract
	entered into, amended, or renewed on or after the effective date of
	this Act.  A contract entered into, amended, or renewed before the
	effective date of this Act is governed by the law as it existed
	immediately before the effective date of this Act, and that law is
	continued in effect for that purpose.
	SECTION 15.  This Act applies beginning with the 2015-2016
	school year.
	SECTION 16.  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.
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