Texas 2015 - 84th Regular

Texas House Bill HB514 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R2475 SRS-F
2	2	By: Moody H.B. No. 514
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of an advisory council to research and make
8	8	recommendations on the use of assessment instruments in public
9	9	schools.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 39, Education Code, is amended by adding
12	12	Subchapter A to read as follows:
13	13	SUBCHAPTER A. ASSESSMENT INSTRUMENT ADVISORY COUNCIL
14	14	Sec. 39.001. DEFINITIONS. In this subchapter:
15	15	(1) "Assessment instrument" means a test required to
16	16	be adopted or developed under Section 39.023.
17	17	(2) "Council" means the assessment instrument
18	18	advisory council.
19	19	(3) "Design" means the development of content and
20	20	reliability testing and validation of an assessment instrument.
21	21	(4) "Funding" means all mechanisms involving the
22	22	granting, withholding, accumulating, spending, appropriating, or
23	23	designating of state, federal, and private money, including
24	24	mechanisms connecting money to student test scores or involving
25	25	contracting, outsourcing, or other public-private partnerships.
26	26	Sec. 39.002. ASSESSMENT INSTRUMENT ADVISORY COUNCIL. (a)
27	27	The assessment instrument advisory council is established to
28	28	identify strategic priorities for and make recommendations on:
29	29	(1) the best practices for evidence-centered
30	30	assessment instrument design and implementation;
31	31	(2) teacher and administrator training regarding
32	32	assessment instruments;
33	33	(3) the proper use of student scores on assessment
34	34	instruments;
35	35	(4) student preparation for assessment instruments;
36	36	and
37	37	(5) the funding of assessment instruments.
38	38	(b) The council is composed of:
39	39	(1) the commissioner;
40	40	(2) the commissioner of higher education;
41	41	(3) three members appointed by the commissioner who:
42	42	(A) are educational research or implementation
43	43	scientists, psychometricians, or assessment experts; and
44	44	(B) have distinguished experience in
45	45	evidence-centered assessment instrument design, educational
46	46	research, or implementation science; and
47	47	(4) 31 members appointed by the commissioner in the
48	48	manner described by Subsection (c).
49	49	(c) In making appointments required by Subsection (b)(4),
50	50	the commissioner shall appoint one member who is a classroom
51	51	teacher in a public school from each senate district on the
52	52	nomination of the senator representing the district.
53	53	(d) In making nominations under Subsection (c), senators
54	54	shall nominate persons who have distinguished experience in:
55	55	(1) developing and implementing public school reform
56	56	strategies; and
57	57	(2) designing or administering assessment instruments
58	58	or classroom-based assessments or appraisals of student
59	59	performance.
60	60	Sec. 39.003. TERMS. Members of the council serve terms of
61	61	two years and may be reappointed for additional terms.
62	62	Sec. 39.004. PRESIDING OFFICER. The commissioner serves as
63	63	the presiding officer of the council.
64	64	Sec. 39.005. COMPENSATION AND REIMBURSEMENT. A member of
65	65	the council is not entitled to compensation for service on the
66	66	council but is entitled to reimbursement for actual and necessary
67	67	expenses incurred in performing council duties.
68	68	Sec. 39.006. COUNCIL STAFF AND COSTS. (a) Except as
69	69	otherwise provided, staff members of the agency, with the
70	70	assistance of the Texas Higher Education Coordinating Board, shall
71	71	provide administrative support for the council.
72	72	(b) Costs of the administrative and operational expenses of
73	73	the council shall be provided by appropriation to the agency for
74	74	that purpose and by gifts, grants, and donations solicited and
75	75	accepted by the agency for that purpose.
76	76	Sec. 39.007. COUNCIL BUSINESS. (a) The commissioner shall
77	77	make reasonable efforts to schedule meetings and other business of
78	78	the council outside the time during which the school districts of
79	79	council members appointed under Section 39.002(b)(4) are providing
80	80	instruction for students.
81	81	(b) Council meetings and other business may, as the
82	82	commissioner considers appropriate to minimize costs and increase
83	83	accessibility, be conducted by or incorporate telephone,
84	84	electronic means, or another manner of remote communication.
85	85	Sec. 39.008. STRATEGIC PLAN. (a) The council shall adopt a
86	86	strategic plan under this subchapter to:
87	87	(1) investigate and evaluate the design,
88	88	implementation, use of student scores, teacher and administrator
89	89	training, and student preparation strategies associated with
90	90	existing assessment instruments;
91	91	(2) investigate and evaluate funding of existing
92	92	assessment instruments;
93	93	(3) specify strategies for the design and
94	94	implementation of assessment instruments for public schools;
95	95	(4) specify strategies for the use of student scores
96	96	on assessment instruments;
97	97	(5) specify strategies for teacher and administrator
98	98	training associated with assessment instruments;
99	99	(6) specify strategies, including limitations, for
100	100	curricular and procedural student preparation for assessment
101	101	instruments;
102	102	(7) specify strategies for the funding of assessment
103	103	instruments; and
104	104	(8) identify key objectives for appropriate research
105	105	and program evaluation conducted as provided by this subchapter.
106	106	(b) The commissioner and the commissioner of higher
107	107	education shall adopt rules as necessary to administer the
108	108	strategic plan adopted by the council under this section.
109	109	(c) The commissioner and the commissioner of higher
110	110	education shall consider the strategic plan in spending money,
111	111	awarding grants, or entering into contracts in connection with a
112	112	program relating to assessment instruments.
113	113	Sec. 39.009. OUTSIDE CONSULTATION; USE OF FUNDS; GIFTS AND
114	114	GRANTS. (a) The commissioner or the commissioner of higher
115	115	education, as appropriate, and the council may coordinate and
116	116	consult with private and nonprofit entities that have expertise
117	117	related to evidence-centered assessment instruments.
118	118	(b) The commissioner or the commissioner of higher
119	119	education, as appropriate, may expend funds appropriated for
120	120	assessment instruments for the council to fund an investigation,
121	121	evaluation, or other expense related to the development of a
122	122	strategic plan, recommendation, or report under this subchapter.
123	123	(c) The commissioner or the commissioner of higher
124	124	education, as appropriate, may accept gifts, grants, or donations
125	125	to fund an investigation, evaluation, or other expense related to
126	126	the development of a strategic plan, recommendation, or report
127	127	under this subchapter.
128	128	Sec. 39.010. COUNCIL RECOMMENDATIONS. (a) Based on the
129	129	strategic plan adopted under this subchapter, the council shall
130	130	make recommendations to the commissioner or the commissioner of
131	131	higher education, as applicable, for the use of federal and state
132	132	funds appropriated or received for assessment instruments,
133	133	including grants.
134	134	(b) The council shall include recommendations under this
135	135	section for best practices and key elements of proper:
136	136	(1) assessment instrument design;
137	137	(2) assessment instrument implementation;
138	138	(3) use of student scores on assessment instruments;
139	139	(4) training initiatives for teachers and
140	140	administrators associated with assessment instruments;
141	141	(5) initiatives, including limitations, for
142	142	curricular and procedural student preparation for assessment
143	143	instruments;
144	144	(6) funding of assessment instruments; and
145	145	(7) powers, duties, structure, and future initiatives
146	146	of the council.
147	147	(c) The commissioner or the commissioner of higher
148	148	education, as applicable, shall consider the council's
149	149	recommendations and based on those recommendations may award grants
150	150	to school districts, open-enrollment charter schools, institutions
151	151	of higher education, regional education service centers, and
152	152	nonprofit organizations to meet the goals of the council's
153	153	strategic plan, including establishing pilot programs and imposing
154	154	additional reporting requirements.
155	155	(d) The commissioner or the commissioner of higher
156	156	education, as applicable:
157	157	(1) is not required under this section to allocate
158	158	funds to a program or initiative recommended by the council; and
159	159	(2) may not initiate a program funded under this
160	160	section that does not conform to the recommended use of funds as
161	161	provided under Subsections (a) and (b).
162	162	Sec. 39.011. REPORTS. (a) Not later than December 1 of each
163	163	even-numbered year, the agency shall prepare and deliver a report
164	164	to the legislature describing any statutory changes the council
165	165	considers appropriate to improve any matter associated with
166	166	assessment instruments.
167	167	(b) The report under Subsection (a) may include
168	168	recommendations intended for release to the United States
169	169	Department of Education or other entities of the federal
170	170	government.
171	171	Sec. 39.012. RULES. The commissioner and the commissioner
172	172	of higher education shall adopt rules as necessary to administer
173	173	this subchapter and any programs under the authority of the
174	174	commissioner or the commissioner of higher education and the
175	175	council under this subchapter.
176	176	SECTION 2. As soon as practicable after the effective date
177	177	of this Act, the commissioner of education shall appoint members of
178	178	the assessment instrument advisory council as required by Section
179	179	39.002, Education Code, as added by this Act.
180	180	SECTION 3. This Act takes effect immediately if it receives
181	181	a vote of two-thirds of all the members elected to each house, as
182	182	provided by Section 39, Article III, Texas Constitution. If this
183	183	Act does not receive the vote necessary for immediate effect, this
184	184	Act takes effect September 1, 2015.