Texas 2017 - 85th Regular

Texas House Bill HB1333 Compare Versions

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

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1	1	85R7293 PAM-D
2	2	By: Isaac H.B. No. 1333
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to public school accountability, including assessment of
8	8	students and appraisal of teachers.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 21.351(a), Education Code, is amended to
11	11	read as follows:
12	12	(a) The commissioner shall adopt a recommended appraisal
13	13	process and criteria on which to appraise the performance of
14	14	teachers. The criteria must be based on observable, job-related
15	15	behavior, including:
16	16	(1) teachers' implementation of discipline management
17	17	procedures; and
18	18	(2) the performance of teachers' students, provided
19	19	that consideration of student performance is not based in any part
20	20	on student performance on assessment instruments administered
21	21	under Section 39.023.
22	22	SECTION 2. Section 39.023(a), Education Code, as effective
23	23	September 1, 2017, is amended to read as follows:
24	24	(a) The agency shall adopt or develop appropriate
25	25	criterion-referenced assessment instruments designed to assess
26	26	essential knowledge and skills in reading, [writing,] mathematics,
27	27	[social studies,] and science. Except as provided by Subsection
28	28	(a-2), all students, other than students assessed under Subsection
29	29	(b) or (l) or exempted under Section 39.027, shall be assessed in:
30	30	(1) mathematics, annually in grades three through
31	31	seven without the aid of technology and in grade eight with the aid
32	32	of technology on any assessment instrument that includes algebra;
33	33	(2) reading, annually in grades three through eight;
34	34	and
35	35	(3) [writing, including spelling and grammar, in
36	36	grades four and seven;
37	37	[(4) social studies, in grade eight;
38	38	[(5)] science, in grades five and eight[; and
39	39	[(6) any other subject and grade required by federal
40	40	law].
41	41	SECTION 3. Section 39.023(c), Education Code, is amended to
42	42	read as follows:
43	43	(c) The agency shall also adopt end-of-course assessment
44	44	instruments for secondary-level courses in reading, mathematics,
45	45	and science only as necessary to comply with the Every Student
46	46	Succeeds Act (20 U.S.C. Section 6301 et seq.) to be administered
47	47	only as necessary to meet the minimum requirements of that Act
48	48	[Algebra I, biology, English I, English II, and United States
49	49	history. The Algebra I end-of-course assessment instrument must be
50	50	administered with the aid of technology. The English I and English
51	51	II end-of-course assessment instruments must each assess essential
52	52	knowledge and skills in both reading and writing in the same
53	53	assessment instrument and must provide a single score]. A school
54	54	district shall comply with State Board of Education rules regarding
55	55	administration of the assessment instruments adopted under [listed
56	56	in] this subsection. If a student is in a special education program
57	57	under Subchapter A, Chapter 29, the student's admission, review,
58	58	and dismissal committee shall determine whether any allowable
59	59	modification is necessary in administering to the student an
60	60	assessment instrument required under this subsection. The State
61	61	Board of Education shall administer the assessment instruments.
62	62	[The State Board of Education shall adopt a schedule for the
63	63	administration of end-of-course assessment instruments that
64	64	complies with the requirements of Subsection (c-3).]
65	65	SECTION 4. Section 39.023(c-3), Education Code, as
66	66	effective September 1, 2017, is amended to read as follows:
67	67	(c-3) The State Board of Education, with input from school
68	68	districts, shall adopt [In adopting] a schedule for the
69	69	administration of assessment instruments under this section that
70	70	minimizes the disruption of classroom instruction [, the State
71	71	Board of Education shall require:
72	72	[(1) assessment instruments administered under
73	73	Subsection (a) to be administered on a schedule so that the first
74	74	assessment instrument is administered at least two weeks later than
75	75	the date on which the first assessment instrument was administered
76	76	under Subsection (a) during the 2006-2007 school year; and
77	77	[(2) the spring administration of end-of-course
78	78	assessment instruments under Subsection (c) to occur in each school
79	79	district not earlier than the first full week in May, except that
80	80	the spring administration of the end-of-course assessment
81	81	instruments in English I and English II must be permitted to occur
82	82	at an earlier date].
83	83	SECTION 5. Section 39.023, Education Code, is amended by
84	84	adding Subsection (q) to read as follows:
85	85	(q) Notwithstanding any provision of this section or other
86	86	law, if changes made to the Every Student Succeeds Act (20 U.S.C.
87	87	Section 6301 et seq.) reduce the number or frequency of assessment
88	88	instruments required to be administered to students, the State
89	89	Board of Education shall adopt rules reducing the number or
90	90	frequency of assessment instruments administered to students under
91	91	state law, and the commissioner shall ensure that students are not
92	92	assessed in subject areas or in grades that are no longer required
93	93	to meet the minimum requirements of that Act.
94	94	SECTION 6. Subchapter B, Chapter 39, Education Code, is
95	95	amended by adding Section 39.040 to read as follows:
96	96	Sec. 39.040. ALTERNATIVE ASSESSMENT INSTRUMENTS. (a) The
97	97	commissioner by rule shall adopt procedures to identify nationally
98	98	recognized, norm-referenced assessment instruments as additional
99	99	alternative assessment instruments that may be used to evaluate
100	100	student achievement for purposes of complying with accountability
101	101	requirements under this chapter.
102	102	(b) Additional alternative assessment instruments
103	103	identified as provided by Subsection (a) may be used:
104	104	(1) for grades three through eight, provided that the
105	105	commissioner obtains any necessary waiver from the application of
106	106	any conflicting federal law or regulation as provided by Subsection
107	107	(d); and
108	108	(2) for secondary-level courses.
109	109	(c) The procedures adopted to identify all additional
110	110	alternative assessment instruments under Subsection (a) must be
111	111	consistent with the federal procedures required by the Every
112	112	Student Succeeds Act (20 U.S.C. Section 6311) for state approval of
113	113	nationally recognized high school academic assessment instruments
114	114	that are available for local selection, including requiring each
115	115	additional alternative assessment instrument identified to be
116	116	aligned with the essential knowledge and skills for the appropriate
117	117	grade level in the subject assessed.
118	118	(d) For purposes of using additional alternative assessment
119	119	instruments in grades three through eight, the commissioner shall
120	120	seek a waiver from the application of any conflicting federal law or
121	121	regulation as a result of the use of multiple assessment
122	122	instruments for assessing students in the same grade.
123	123	SECTION 7. Section 39.053(c), Education Code, is amended to
124	124	read as follows:
125	125	(c) School districts and campuses must be evaluated based on
126	126	five domains of indicators of achievement adopted under this
127	127	section that include:
128	128	(1) in the first domain, the results of:
129	129	(A) assessment instruments required under
130	130	Sections 39.023(a), (c), and (l), including the results of
131	131	assessment instruments required for graduation retaken by a
132	132	student, aggregated across grade levels by subject area, including:
133	133	(i) for the performance standard determined
134	134	by the commissioner under Section 39.0241(a), the percentage of
135	135	students who performed satisfactorily on the assessment
136	136	instruments, aggregated across grade levels by subject area; and
137	137	(ii) for the college readiness performance
138	138	standard as determined under Section 39.0241, the percentage of
139	139	students who performed satisfactorily on the assessment
140	140	instruments, aggregated across grade levels by subject area; and
141	141	(B) assessment instruments required under
142	142	Section 39.023(b), aggregated across grade levels by subject area,
143	143	including the percentage of students who performed satisfactorily
144	144	on the assessment instruments, as determined by the performance
145	145	standard adopted by the agency, aggregated across grade levels by
146	146	subject area;
147	147	(2) in the second domain:
148	148	(A) for assessment instruments under Subdivision
149	149	(1)(A):
150	150	(i) for the performance standard determined
151	151	by the commissioner under Section 39.0241(a), the percentage of
152	152	students who met the standard for annual improvement on the
153	153	assessment instruments, as determined by the commissioner by rule
154	154	or by the method for measuring annual improvement under Section
155	155	39.034, aggregated across grade levels by subject area; and
156	156	(ii) for the college readiness performance
157	157	standard as determined under Section 39.0241, the percentage of
158	158	students who met the standard for annual improvement on the
159	159	assessment instruments, as determined by the commissioner by rule
160	160	or by the method for measuring annual improvement under Section
161	161	39.034, aggregated across grade levels by subject area; and
162	162	(B) for assessment instruments under Subdivision
163	163	(1)(B), the percentage of students who met the standard for annual
164	164	improvement on the assessment instruments, as determined by the
165	165	commissioner by rule or by the method for measuring annual
166	166	improvement under Section 39.034, aggregated across grade levels by
167	167	subject area;
168	168	(3) in the third domain, the student academic
169	169	achievement differentials among students from different racial and
170	170	ethnic groups and socioeconomic backgrounds;
171	171	(4) in the fourth domain:
172	172	(A) for evaluating the performance of high school
173	173	campuses and districts that include high school campuses:
174	174	(i) dropout rates, including dropout rates
175	175	and district completion rates for grade levels 9 through 12,
176	176	computed in accordance with standards and definitions adopted by
177	177	the National Center for Education Statistics of the United States
178	178	Department of Education;
179	179	(ii) high school graduation rates, computed
180	180	in accordance with standards and definitions adopted in compliance
181	181	with the Every Student Succeeds Act [No Child Left Behind Act of
182	182	2001] (20 U.S.C. Section 6301 et seq.);
183	183	(iii) the percentage of students who
184	184	successfully completed the curriculum requirements for the
185	185	distinguished level of achievement under the foundation high school
186	186	program;
187	187	(iv) the percentage of students who
188	188	successfully completed the curriculum requirements for an
189	189	endorsement under Section 28.025(c-1);
190	190	(v) the percentage of students who
191	191	completed a coherent sequence of career and technical courses;
192	192	(vi) the percentage of students who satisfy
193	193	the Texas Success Initiative (TSI) college readiness benchmarks
194	194	prescribed by the Texas Higher Education Coordinating Board under
195	195	Section 51.3062(f) on an assessment instrument in reading, writing,
196	196	or mathematics designated by the Texas Higher Education
197	197	Coordinating Board under Section 51.3062(c);
198	198	(vii) the percentage of students who earn
199	199	at least 12 hours of postsecondary credit required for the
200	200	foundation high school program under Section 28.025 or to earn an
201	201	endorsement under Section 28.025(c-1);
202	202	(viii) the percentage of students who have
203	203	completed an advanced placement course;
204	204	(ix) the percentage of students who enlist
205	205	in the armed forces of the United States; and
206	206	(x) the percentage of students who earn an
207	207	industry certification;
208	208	(B) for evaluating the performance of middle and
209	209	junior high school and elementary school campuses and districts
210	210	that include those campuses:
211	211	(i) student attendance; and
212	212	(ii) for middle and junior high school
213	213	campuses:
214	214	(a) dropout rates, computed in the
215	215	manner described by Paragraph (A)(i); and
216	216	(b) the percentage of students in
217	217	grades seven and eight who receive instruction in preparing for
218	218	high school, college, and a career that includes information
219	219	regarding the creation of a high school personal graduation plan
220	220	under Section 28.02121, the distinguished level of achievement
221	221	described by Section 28.025(b-15), each endorsement described by
222	222	Section 28.025(c-1), college readiness standards, and potential
223	223	career choices and the education needed to enter those careers; and
224	224	(C) any additional indicators of student
225	225	achievement not associated with performance on standardized
226	226	assessment instruments determined appropriate for consideration by
227	227	the commissioner in consultation with educators, parents, business
228	228	and industry representatives, and employers; and
229	229	(5) in the fifth domain, the following [three]
230	230	programs or specific categories of performance related to community
231	231	and student engagement under Section 39.0545(b)(1) locally
232	232	[selected and] evaluated as provided by Section 39.0546:
233	233	(A) wellness and physical education; and
234	234	(B) community and parental involvement.
235	235	SECTION 8. Section 39.054(a-1), Education Code, is amended
236	236	to read as follows:
237	237	(a-1) For purposes of assigning an overall performance
238	238	rating under Subsection (a), the commissioner shall attribute:
239	239	(1) 25 [55] percent of the performance evaluation to
240	240	the achievement indicators for the first, second, and third domains
241	241	under Sections 39.053(c)(1)-(3);
242	242	(2) for middle and junior high school and elementary
243	243	campuses and districts that include only those campuses:
244	244	(A) 10 percent of the performance evaluation to
245	245	the dropout rate indicator described by Section
246	246	39.053(c)(4)(B)(ii)(a); and
247	247	(B) [,] 35 percent to the remaining [of the
248	248	performance evaluation to the] applicable achievement indicators
249	249	for the fourth domain under Section 39.053(c)(4);
250	250	(3) for high school campuses and districts that
251	251	include those campuses:
252	252	(A) 10 percent of the performance evaluation to
253	253	the dropout [high school graduation] rate [achievement] indicator
254	254	described by Section 39.053(c)(4)(A)(i) [39.053(c)(4)(A)(ii)]; and
255	255	(B) 35 [25] percent to the remaining applicable
256	256	achievement indicators for the fourth domain under Section
257	257	39.053(c)(4); and
258	258	(4) for [10 percent of the performance evaluation to]
259	259	the locally [selected and] evaluated achievement indicators
260	260	provided for under the fifth domain under Section 39.053(c)(5):
261	261	(A) 15 percent of the performance evaluation to
262	262	the wellness and physical education indicator under Section
263	263	39.053(c)(5)(A); and
264	264	(B) 15 percent of the performance evaluation to
265	265	the community and parental involvement indicator under Section
266	266	39.053(c)(5)(B).
267	267	SECTION 9. Section 39.0546(a), Education Code, is amended
268	268	to read as follows:
269	269	(a) For purposes of including the local evaluation of
270	270	districts and campuses under Section 39.053(c)(5) and assigning an
271	271	overall rating under Section 39.054, before the beginning of each
272	272	school year:
273	273	(1) each school district shall:
274	274	(A) [select and] report to the agency the
275	275	following [three] programs or categories under Section
276	276	39.0545(b)(1)[, as added by Chapter 211 (H.B. 5), Acts of the 83rd
277	277	Legislature, Regular Session, 2013,] under which the district will
278	278	evaluate district performance:
279	279	(i) wellness and physical education under
280	280	Section 39.0545(b)(1)(B); and
281	281	(ii) community and parental involvement
282	282	under Section 39.0545(b)(1)(C);
283	283	(B) submit to the agency the criteria the
284	284	district will use to evaluate district performance and assign the
285	285	district a performance rating; and
286	286	(C) make the information described by Paragraphs
287	287	(A) and (B) available on the district's Internet website; and
288	288	(2) each campus shall:
289	289	(A) [select and] report to the agency the [three]
290	290	programs or categories described by Subdivision (1)(A) [under
291	291	Section 39.0545(b)(1), as added by Chapter 211 (H.B. 5), Acts of the
292	292	83rd Legislature, Regular Session, 2013,] under which the campus
293	293	will evaluate campus performance;
294	294	(B) submit to the agency the criteria the campus
295	295	will use to evaluate campus performance and assign the campus a
296	296	performance rating; and
297	297	(C) make the information described by Paragraphs
298	298	(A) and (B) available on the Internet website of the campus.
299	299	SECTION 10. Section 39.203(c), Education Code, is amended
300	300	to read as follows:
301	301	(c) In addition to the distinction designations described
302	302	by Subsections (a) and (b), a campus that satisfies the criteria
303	303	developed under Section 39.204 shall be awarded a distinction
304	304	designation by the commissioner for outstanding performance in
305	305	academic achievement in reading [English language arts],
306	306	mathematics, or science[, or social studies].
307	307	SECTION 11. Section 39.02301, Education Code, is repealed.
308	308	SECTION 12. Not later than September 1, 2018, the
309	309	commissioner of education shall:
310	310	(1) adopt rules regarding alternative assessment
311	311	instruments as required by Section 39.040, Education Code, as added
312	312	by this Act; and
313	313	(2) request from the United States Department of
314	314	Education a waiver from the application of any conflicting federal
315	315	law or regulation as required by Section 39.040(d), Education Code,
316	316	as added by this Act, or a written notification that a waiver is not
317	317	required.
318	318	SECTION 13. This Act applies beginning with the 2017-2018
319	319	school year.
320	320	SECTION 14. This Act takes effect immediately if it
321	321	receives a vote of two-thirds of all the members elected to each
322	322	house, as provided by Section 39, Article III, Texas Constitution.
323	323	If this Act does not receive the vote necessary for immediate
324	324	effect, this Act takes effect September 1, 2017.