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.