HB221 - Relating to eliminating certain state-required assessment instruments and certain end-of-course assessment instruments not required by federal law.

  89R2974 CXP-D     By: Landgraf H.B. No. 221       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 28.0211(a-8), Education Code, is amended   to read as follows:          (a-8)  A school district may not be required to provide   supplemental instruction under Subsection (a-1)(2) to a student in   more than two subject areas per school year.  If the district would   otherwise be required to provide supplemental instruction to a   student in more than two subject areas for a school year, the   district shall prioritize providing supplemental instruction to   the student in mathematics and reading[ , or Algebra I, English I, or   English II, as applicable, ] for that school year.          SECTION 2.  Section 39.023, Education Code, is amended by   amending Subsections (a), (c), and (c-2) and adding Subsection (q)   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, 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   eight;                (2)  reading, annually in grades three through eight;                (3)  [ social studies, in grade eight;                [ (4) ]  science, in grades five and eight; and                 (4)  [ (5) ]  any other subject and grade required by   federal law.          (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, 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 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.  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-2)  The agency may adopt end-of-course assessment   instruments for courses for which end-of-course assessment   instruments are not adopted under [ not listed in ] Subsection   (c).  A student's performance on an end-of-course assessment   instrument adopted under this subsection is not subject to the   performance requirements established under Subsection (c) or   Section 39.025.           (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 3.  Sections 39.025(a-1) and (a-3), Education Code,   are amended to read as follows:          (a-1)  A student enrolled in a college preparatory   mathematics or English language arts course under Section 28.014   who satisfies the Texas Success Initiative (TSI) college readiness   benchmarks prescribed by the Texas Higher Education Coordinating   Board under Section 51.334 on an assessment instrument designated   by the coordinating board under that section administered at the   end of the college preparatory mathematics or English language arts   course satisfies the requirements concerning and is exempt from the   administration of the mathematics or reading [ Algebra I or the   English I and English II ] end-of-course assessment instrument   [ instruments ], as applicable, [ as prescribed by Section   39.023(c), ] even if the student did not perform satisfactorily on a   previous administration of the applicable end-of-course assessment   instrument. A student who fails to perform satisfactorily on the   assessment instrument designated by the coordinating board under   Section 51.334 administered as provided by this subsection may   retake that assessment instrument for purposes of this subsection   or may take the appropriate end-of-course assessment instrument.          (a-3)  A student who, after retaking an end-of-course   assessment instrument for mathematics [ Algebra I ] or reading   [ English II ], has failed to perform satisfactorily as required by   Subsection (a), but who receives a score of proficient on the Texas   Success Initiative (TSI) diagnostic assessment for the   corresponding subject for which the student failed to perform   satisfactorily on the end-of-course assessment instrument   satisfies the requirement concerning the mathematics [ Algebra I ] or   reading [ English II ] end-of-course assessment, as applicable.          SECTION 4.  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 5.  Section 39.023(c-9), Education Code, is   repealed.          SECTION 6.  This Act applies beginning with the 2025-2026   school year.          SECTION 7.  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, 2025.