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

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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-Enrolled.html

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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