84R2646 JSL-D
By: Isaac H.B. No. 1868
A BILL TO BE ENTITLED
AN ACT
relating to the essential knowledge and skills of the required
public school curriculum and to certain state-adopted or
state-developed assessment instruments for public school students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.023, Education Code, is amended by
adding Subsections (a-11), (a-12), (a-13), and (a-14) to read as
follows:
(a-11) Before an assessment instrument adopted or developed
under Subsection (a) may be administered under that subsection, the
assessment instrument must, on the basis of empirical evidence, be
determined to be valid and reliable by an entity that is independent
of the agency and of any other entity that developed the assessment
instrument.
(a-12) The agency shall ensure that an assessment
instrument adopted or developed under Subsection (a) is designed to
primarily assess the essential knowledge and skills identified by
the State Board of Education under Section 28.002 of the subject and
for the grade level for which the assessment instrument is
administered. Only to the extent necessary or helpful for
diagnostic or reporting purposes, the assessment instrument may
also assess supporting knowledge or skills that are introduced or
referenced in the subject and for the grade level for which the
assessment instrument is administered but that are identified as
essential knowledge or skills primarily of a different subject or
for a different grade level.
(a-13) An assessment instrument adopted or developed under
Subsection (a) must be designed so that:
(1) if administered to students in grades three
through five, 85 percent of students will be able to complete the
assessment instrument within 120 minutes; and
(2) if administered to students in grades six through
eight, 85 percent of students will be able to complete the
assessment instrument within 180 minutes.
(a-14) The amount of time allowed for administration of an
assessment instrument adopted or developed under Subsection (a) may
not exceed eight hours, and the administration may occur on only one
day.
SECTION 2. Subchapter B, Chapter 39, Education Code, is
amended by adding Sections 39.0236 and 39.0237 to read as follows:
Sec. 39.0236. STUDY OF ESSENTIAL KNOWLEDGE AND SKILLS AND
ASSESSMENT INSTRUMENTS. (a) The agency shall conduct a study
regarding the essential knowledge and skills of the required
curriculum identified by the State Board of Education under Section
28.002 and assessment instruments administered under Section
39.023.
(b) The study must evaluate:
(1) the number and scope of the essential knowledge
and skills of each subject of the required curriculum under Section
28.002, with each essential knowledge or skill identified as a
readiness or supporting standard, and whether the number or scope
should be limited;
(2) the number and subjects of assessment instruments
under Section 39.023 that are required to be administered to
students in grades three through eight; and
(3) how assessment instruments described by
Subdivision (2) assess standards essential for student success and
whether the assessment instruments should also assess supporting
standards, including analysis of:
(A) the portion of the essential knowledge and
skills capable of being accurately assessed;
(B) the appropriate skills that can be assessed
within the testing parameters under current law; and
(C) how current standards compare to those
parameters.
(c) Not later than March 1, 2016, the agency shall prepare
and submit to the State Board of Education a report concerning the
results of the study under Subsection (b). Not later than May 1,
2016, the State Board of Education shall review the study and shall
submit to the governor, each member of the legislature, and the
advisory committee established under Section 39.0237 the agency's
report and board recommendations regarding each issue evaluated
under Subsection (b).
(d) This section expires June 1, 2017.
Sec. 39.0237. ADVISORY COMMITTEE TO STUDY ESSENTIAL
KNOWLEDGE AND SKILLS AND ASSESSMENT INSTRUMENTS. (a) An advisory
committee shall be established to review the agency study and State
Board of Education recommendations under Section 39.0236. The
committee must be composed of:
(1) four members of the senate standing committee with
jurisdiction over public education appointed by the lieutenant
governor and four members of the house standing committee with
jurisdiction over public education appointed by the speaker of the
house of representatives;
(2) two members of the public appointed by the
lieutenant governor; and
(3) two members of the public appointed by the speaker
of the house of representatives.
(b) The advisory committee shall review the agency study and
State Board of Education recommendations under Section 39.0236. If
the advisory committee determines that the agency study is
insufficient, the advisory committee may perform an additional
independent study to evaluate the agency study components required
under Section 39.0236(b).
(c) Not later than January 1, 2017, the committee shall
prepare and submit to the governor, each member of the legislature,
the commissioner, and the State Board of Education a report that
includes, as applicable, the results of the committee's review of
the agency study or the results of the committee's independent
study and recommendations regarding each issue evaluated under
Section 39.0236(b).
(d) Based on the study under Section 39.0236(b) and the
advisory committee report under Subsection (c), the State Board of
Education shall adopt policies and procedures to limit the number
and scope of the essential knowledge and skills of each subject and
grade level to correspond with the readiness standards capable of
being accurately assessed by applicable assessment instruments.
(e) This section expires June 1, 2017.
SECTION 3. Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.0381 to read as follows:
Sec. 39.0381. AUDITING AND MONITORING PERFORMANCE UNDER
CONTRACTS FOR ASSESSMENT INSTRUMENTS. (a) The agency by rule shall
develop a comprehensive methodology for auditing and monitoring
performance under contracts for services to develop or administer
assessment instruments required by Section 39.023 to verify
compliance with contractual obligations.
(b) The agency shall ensure that all new and renewed
contracts described by Subsection (a) include a provision that the
agency or a designee of the agency may conduct periodic contract
compliance reviews, without advance notice, to monitor vendor
performance.
(c) The agency shall adopt rules to administer this section.
SECTION 4. Section 39.053, Education Code, is amended by
adding Subsection (c-3) to read as follows:
(c-3) The indicator of student achievement under Subsection
(c)(1) may not include student performance as to supporting
knowledge or skills as described by Section 39.023(a-12).
SECTION 5. This Act applies beginning with the 2015-2016
school year.
SECTION 6. 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.