84R2475 SRS-F
By: Moody H.B. No. 514
A BILL TO BE ENTITLED
AN ACT
relating to the creation of an advisory council to research and make
recommendations on the use of assessment instruments in public
schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 39, Education Code, is amended by adding
Subchapter A to read as follows:
SUBCHAPTER A. ASSESSMENT INSTRUMENT ADVISORY COUNCIL
Sec. 39.001. DEFINITIONS. In this subchapter:
(1) "Assessment instrument" means a test required to
be adopted or developed under Section 39.023.
(2) "Council" means the assessment instrument
advisory council.
(3) "Design" means the development of content and
reliability testing and validation of an assessment instrument.
(4) "Funding" means all mechanisms involving the
granting, withholding, accumulating, spending, appropriating, or
designating of state, federal, and private money, including
mechanisms connecting money to student test scores or involving
contracting, outsourcing, or other public-private partnerships.
Sec. 39.002. ASSESSMENT INSTRUMENT ADVISORY COUNCIL. (a)
The assessment instrument advisory council is established to
identify strategic priorities for and make recommendations on:
(1) the best practices for evidence-centered
assessment instrument design and implementation;
(2) teacher and administrator training regarding
assessment instruments;
(3) the proper use of student scores on assessment
instruments;
(4) student preparation for assessment instruments;
and
(5) the funding of assessment instruments.
(b) The council is composed of:
(1) the commissioner;
(2) the commissioner of higher education;
(3) three members appointed by the commissioner who:
(A) are educational research or implementation
scientists, psychometricians, or assessment experts; and
(B) have distinguished experience in
evidence-centered assessment instrument design, educational
research, or implementation science; and
(4) 31 members appointed by the commissioner in the
manner described by Subsection (c).
(c) In making appointments required by Subsection (b)(4),
the commissioner shall appoint one member who is a classroom
teacher in a public school from each senate district on the
nomination of the senator representing the district.
(d) In making nominations under Subsection (c), senators
shall nominate persons who have distinguished experience in:
(1) developing and implementing public school reform
strategies; and
(2) designing or administering assessment instruments
or classroom-based assessments or appraisals of student
performance.
Sec. 39.003. TERMS. Members of the council serve terms of
two years and may be reappointed for additional terms.
Sec. 39.004. PRESIDING OFFICER. The commissioner serves as
the presiding officer of the council.
Sec. 39.005. COMPENSATION AND REIMBURSEMENT. A member of
the council is not entitled to compensation for service on the
council but is entitled to reimbursement for actual and necessary
expenses incurred in performing council duties.
Sec. 39.006. COUNCIL STAFF AND COSTS. (a) Except as
otherwise provided, staff members of the agency, with the
assistance of the Texas Higher Education Coordinating Board, shall
provide administrative support for the council.
(b) Costs of the administrative and operational expenses of
the council shall be provided by appropriation to the agency for
that purpose and by gifts, grants, and donations solicited and
accepted by the agency for that purpose.
Sec. 39.007. COUNCIL BUSINESS. (a) The commissioner shall
make reasonable efforts to schedule meetings and other business of
the council outside the time during which the school districts of
council members appointed under Section 39.002(b)(4) are providing
instruction for students.
(b) Council meetings and other business may, as the
commissioner considers appropriate to minimize costs and increase
accessibility, be conducted by or incorporate telephone,
electronic means, or another manner of remote communication.
Sec. 39.008. STRATEGIC PLAN. (a) The council shall adopt a
strategic plan under this subchapter to:
(1) investigate and evaluate the design,
implementation, use of student scores, teacher and administrator
training, and student preparation strategies associated with
existing assessment instruments;
(2) investigate and evaluate funding of existing
assessment instruments;
(3) specify strategies for the design and
implementation of assessment instruments for public schools;
(4) specify strategies for the use of student scores
on assessment instruments;
(5) specify strategies for teacher and administrator
training associated with assessment instruments;
(6) specify strategies, including limitations, for
curricular and procedural student preparation for assessment
instruments;
(7) specify strategies for the funding of assessment
instruments; and
(8) identify key objectives for appropriate research
and program evaluation conducted as provided by this subchapter.
(b) The commissioner and the commissioner of higher
education shall adopt rules as necessary to administer the
strategic plan adopted by the council under this section.
(c) The commissioner and the commissioner of higher
education shall consider the strategic plan in spending money,
awarding grants, or entering into contracts in connection with a
program relating to assessment instruments.
Sec. 39.009. OUTSIDE CONSULTATION; USE OF FUNDS; GIFTS AND
GRANTS. (a) The commissioner or the commissioner of higher
education, as appropriate, and the council may coordinate and
consult with private and nonprofit entities that have expertise
related to evidence-centered assessment instruments.
(b) The commissioner or the commissioner of higher
education, as appropriate, may expend funds appropriated for
assessment instruments for the council to fund an investigation,
evaluation, or other expense related to the development of a
strategic plan, recommendation, or report under this subchapter.
(c) The commissioner or the commissioner of higher
education, as appropriate, may accept gifts, grants, or donations
to fund an investigation, evaluation, or other expense related to
the development of a strategic plan, recommendation, or report
under this subchapter.
Sec. 39.010. COUNCIL RECOMMENDATIONS. (a) Based on the
strategic plan adopted under this subchapter, the council shall
make recommendations to the commissioner or the commissioner of
higher education, as applicable, for the use of federal and state
funds appropriated or received for assessment instruments,
including grants.
(b) The council shall include recommendations under this
section for best practices and key elements of proper:
(1) assessment instrument design;
(2) assessment instrument implementation;
(3) use of student scores on assessment instruments;
(4) training initiatives for teachers and
administrators associated with assessment instruments;
(5) initiatives, including limitations, for
curricular and procedural student preparation for assessment
instruments;
(6) funding of assessment instruments; and
(7) powers, duties, structure, and future initiatives
of the council.
(c) The commissioner or the commissioner of higher
education, as applicable, shall consider the council's
recommendations and based on those recommendations may award grants
to school districts, open-enrollment charter schools, institutions
of higher education, regional education service centers, and
nonprofit organizations to meet the goals of the council's
strategic plan, including establishing pilot programs and imposing
additional reporting requirements.
(d) The commissioner or the commissioner of higher
education, as applicable:
(1) is not required under this section to allocate
funds to a program or initiative recommended by the council; and
(2) may not initiate a program funded under this
section that does not conform to the recommended use of funds as
provided under Subsections (a) and (b).
Sec. 39.011. REPORTS. (a) Not later than December 1 of each
even-numbered year, the agency shall prepare and deliver a report
to the legislature describing any statutory changes the council
considers appropriate to improve any matter associated with
assessment instruments.
(b) The report under Subsection (a) may include
recommendations intended for release to the United States
Department of Education or other entities of the federal
government.
Sec. 39.012. RULES. The commissioner and the commissioner
of higher education shall adopt rules as necessary to administer
this subchapter and any programs under the authority of the
commissioner or the commissioner of higher education and the
council under this subchapter.
SECTION 2. As soon as practicable after the effective date
of this Act, the commissioner of education shall appoint members of
the assessment instrument advisory council as required by Section
39.002, Education Code, as added by this Act.
SECTION 3. 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.