84R7893 PAM-F
	By: VanDeaver	H.B. No. 1164

	A BILL TO BE ENTITLED
	AN ACT
	relating to the assessment of public school students in writing and
	English language arts.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 39.023(a), Education Code, as effective
	until on or before September 1, 2015, 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, English language arts
	[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)  English language arts [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(a), Education Code, as effective
	on or before September 1, 2015, 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, English language arts
	[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, in grades three and five without the
	aid of technology and in grade eight with the aid of technology on
	any assessment instrument that includes algebra;
	(2)  reading, in grades three, five, and eight;
	(3)  English language arts [writing], including
	spelling and grammar, in grades four and seven;
	(4)  social studies, in grade eight; and
	(5)  science, in grades five and eight.
	SECTION 3.  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, English language arts
	[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)  English language arts [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 4.  Section 39.023, Education Code, is amended by
	amending Subsection (c) and adding Subsection (q) to read as
	follows:
	(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.  The English I and English II end-of-course
	assessment instruments must each assess essential knowledge and
	skills in both reading and language arts [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.  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).
	(q)  A writing sample submitted by a student in connection
	with an assessment instrument administered under this section may
	not be used to assess the student's writing for purposes of
	accountability under this chapter or for purposes of grade
	promotion or graduation criteria. The assessment of a student's
	writing is governed by Section 39.0264.
	SECTION 5.  Subchapter B, Chapter 39, Education Code, is
	amended by adding Section 39.0264 to read as follows:
	Sec. 39.0264.  LOCAL ASSESSMENT REQUIRED: WRITING. To
	evaluate student achievement in writing, each school district shall
	assess students in grades four and seven and at the end of English I
	and English II secondary-level courses in accordance with the
	essential knowledge and skills for writing. A district may use any
	method the district determines appropriate for assessing students
	under this section, including portfolio assessment.
	SECTION 6.  Not later than September 1, 2016, the Texas
	Education Agency shall adopt or develop appropriate
	criterion-referenced assessment instruments designed to assess
	essential knowledge and skills in English language arts as required
	by Section 39.023, Education Code, as amended by this Act.
	SECTION 7.  This Act applies beginning with the 2016-2017
	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, 2015.