Texas 2015 - 84th Regular

Texas House Bill HB1868 Compare Versions

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11 84R2646 JSL-D
22 By: Isaac H.B. No. 1868
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the essential knowledge and skills of the required
88 public school curriculum and to certain state-adopted or
99 state-developed assessment instruments for public school students.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Section 39.023, Education Code, is amended by
1212 adding Subsections (a-11), (a-12), (a-13), and (a-14) to read as
1313 follows:
1414 (a-11) Before an assessment instrument adopted or developed
1515 under Subsection (a) may be administered under that subsection, the
1616 assessment instrument must, on the basis of empirical evidence, be
1717 determined to be valid and reliable by an entity that is independent
1818 of the agency and of any other entity that developed the assessment
1919 instrument.
2020 (a-12) The agency shall ensure that an assessment
2121 instrument adopted or developed under Subsection (a) is designed to
2222 primarily assess the essential knowledge and skills identified by
2323 the State Board of Education under Section 28.002 of the subject and
2424 for the grade level for which the assessment instrument is
2525 administered. Only to the extent necessary or helpful for
2626 diagnostic or reporting purposes, the assessment instrument may
2727 also assess supporting knowledge or skills that are introduced or
2828 referenced in the subject and for the grade level for which the
2929 assessment instrument is administered but that are identified as
3030 essential knowledge or skills primarily of a different subject or
3131 for a different grade level.
3232 (a-13) An assessment instrument adopted or developed under
3333 Subsection (a) must be designed so that:
3434 (1) if administered to students in grades three
3535 through five, 85 percent of students will be able to complete the
3636 assessment instrument within 120 minutes; and
3737 (2) if administered to students in grades six through
3838 eight, 85 percent of students will be able to complete the
3939 assessment instrument within 180 minutes.
4040 (a-14) The amount of time allowed for administration of an
4141 assessment instrument adopted or developed under Subsection (a) may
4242 not exceed eight hours, and the administration may occur on only one
4343 day.
4444 SECTION 2. Subchapter B, Chapter 39, Education Code, is
4545 amended by adding Sections 39.0236 and 39.0237 to read as follows:
4646 Sec. 39.0236. STUDY OF ESSENTIAL KNOWLEDGE AND SKILLS AND
4747 ASSESSMENT INSTRUMENTS. (a) The agency shall conduct a study
4848 regarding the essential knowledge and skills of the required
4949 curriculum identified by the State Board of Education under Section
5050 28.002 and assessment instruments administered under Section
5151 39.023.
5252 (b) The study must evaluate:
5353 (1) the number and scope of the essential knowledge
5454 and skills of each subject of the required curriculum under Section
5555 28.002, with each essential knowledge or skill identified as a
5656 readiness or supporting standard, and whether the number or scope
5757 should be limited;
5858 (2) the number and subjects of assessment instruments
5959 under Section 39.023 that are required to be administered to
6060 students in grades three through eight; and
6161 (3) how assessment instruments described by
6262 Subdivision (2) assess standards essential for student success and
6363 whether the assessment instruments should also assess supporting
6464 standards, including analysis of:
6565 (A) the portion of the essential knowledge and
6666 skills capable of being accurately assessed;
6767 (B) the appropriate skills that can be assessed
6868 within the testing parameters under current law; and
6969 (C) how current standards compare to those
7070 parameters.
7171 (c) Not later than March 1, 2016, the agency shall prepare
7272 and submit to the State Board of Education a report concerning the
7373 results of the study under Subsection (b). Not later than May 1,
7474 2016, the State Board of Education shall review the study and shall
7575 submit to the governor, each member of the legislature, and the
7676 advisory committee established under Section 39.0237 the agency's
7777 report and board recommendations regarding each issue evaluated
7878 under Subsection (b).
7979 (d) This section expires June 1, 2017.
8080 Sec. 39.0237. ADVISORY COMMITTEE TO STUDY ESSENTIAL
8181 KNOWLEDGE AND SKILLS AND ASSESSMENT INSTRUMENTS. (a) An advisory
8282 committee shall be established to review the agency study and State
8383 Board of Education recommendations under Section 39.0236. The
8484 committee must be composed of:
8585 (1) four members of the senate standing committee with
8686 jurisdiction over public education appointed by the lieutenant
8787 governor and four members of the house standing committee with
8888 jurisdiction over public education appointed by the speaker of the
8989 house of representatives;
9090 (2) two members of the public appointed by the
9191 lieutenant governor; and
9292 (3) two members of the public appointed by the speaker
9393 of the house of representatives.
9494 (b) The advisory committee shall review the agency study and
9595 State Board of Education recommendations under Section 39.0236. If
9696 the advisory committee determines that the agency study is
9797 insufficient, the advisory committee may perform an additional
9898 independent study to evaluate the agency study components required
9999 under Section 39.0236(b).
100100 (c) Not later than January 1, 2017, the committee shall
101101 prepare and submit to the governor, each member of the legislature,
102102 the commissioner, and the State Board of Education a report that
103103 includes, as applicable, the results of the committee's review of
104104 the agency study or the results of the committee's independent
105105 study and recommendations regarding each issue evaluated under
106106 Section 39.0236(b).
107107 (d) Based on the study under Section 39.0236(b) and the
108108 advisory committee report under Subsection (c), the State Board of
109109 Education shall adopt policies and procedures to limit the number
110110 and scope of the essential knowledge and skills of each subject and
111111 grade level to correspond with the readiness standards capable of
112112 being accurately assessed by applicable assessment instruments.
113113 (e) This section expires June 1, 2017.
114114 SECTION 3. Subchapter B, Chapter 39, Education Code, is
115115 amended by adding Section 39.0381 to read as follows:
116116 Sec. 39.0381. AUDITING AND MONITORING PERFORMANCE UNDER
117117 CONTRACTS FOR ASSESSMENT INSTRUMENTS. (a) The agency by rule shall
118118 develop a comprehensive methodology for auditing and monitoring
119119 performance under contracts for services to develop or administer
120120 assessment instruments required by Section 39.023 to verify
121121 compliance with contractual obligations.
122122 (b) The agency shall ensure that all new and renewed
123123 contracts described by Subsection (a) include a provision that the
124124 agency or a designee of the agency may conduct periodic contract
125125 compliance reviews, without advance notice, to monitor vendor
126126 performance.
127127 (c) The agency shall adopt rules to administer this section.
128128 SECTION 4. Section 39.053, Education Code, is amended by
129129 adding Subsection (c-3) to read as follows:
130130 (c-3) The indicator of student achievement under Subsection
131131 (c)(1) may not include student performance as to supporting
132132 knowledge or skills as described by Section 39.023(a-12).
133133 SECTION 5. This Act applies beginning with the 2015-2016
134134 school year.
135135 SECTION 6. This Act takes effect immediately if it receives
136136 a vote of two-thirds of all the members elected to each house, as
137137 provided by Section 39, Article III, Texas Constitution. If this
138138 Act does not receive the vote necessary for immediate effect, this
139139 Act takes effect September 1, 2015.