85R3495 GCB-F
 
  By: VanDeaver H.B. No. 515
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to eliminating certain state-required assessment
  instruments and certain end-of-course assessment instruments not
  required by federal law.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 39.023(a), Education Code, as effective
  September 1, 2017, 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;
  and
               (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].
         SECTION 2.  Section 39.023(c), Education Code, is amended to
  read as follows:
         (c)  The agency shall also adopt end-of-course assessment
  instruments for secondary-level courses in reading, mathematics,
  and science only as necessary to comply with the Every Student
  Succeeds Act (20 U.S.C. Section 6301 et seq.) to be administered
  only as necessary to meet the minimum requirements of that Act 
  [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.   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 adopted under [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.  
  [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).]
         SECTION 3.  Section 39.023(c-3), Education Code, as
  effective September 1, 2017, is amended to read as follows:
         (c-3)  The State Board of Education, with input from school
  districts, shall adopt [In adopting] a schedule for the
  administration of assessment instruments under this section that
  minimizes the disruption of classroom instruction [, the State
  Board of Education shall require:
               [(1)     assessment instruments administered under
  Subsection (a) to be administered on 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].
         SECTION 4.  Section 39.023, Education Code, is amended by
  adding Subsection (q) to read as follows:
         (q)  Notwithstanding any provision of this section or other
  law, if changes made to the Every Student Succeeds Act (20 U.S.C.
  Section 6301 et seq.) reduce the number or frequency of assessment
  instruments required to be administered to students, the State
  Board of Education shall adopt rules reducing the number or
  frequency of assessment instruments administered to students under
  state law, and the commissioner shall ensure that students are not
  assessed in subject areas or in grades that are no longer required
  to meet the minimum requirements of that Act.
         SECTION 5.  Section 39.203(c), Education Code, is amended to
  read as follows:
         (c)  In addition to the distinction designations described
  by Subsections (a) and (b), a campus that satisfies the criteria
  developed under Section 39.204 shall be awarded a distinction
  designation by the commissioner for outstanding performance in
  academic achievement in reading [English language arts],
  mathematics, or science[, or social studies].
         SECTION 6.  Section 39.02301, Education Code, is repealed.
         SECTION 7.  This Act applies beginning with the 2017-2018
  school year.
         SECTION 8.  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, 2017.