85R7293 PAM-D
By: Isaac H.B. No. 1333
A BILL TO BE ENTITLED
AN ACT
relating to public school accountability, including assessment of
students and appraisal of teachers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.351(a), Education Code, is amended to
read as follows:
(a) The commissioner shall adopt a recommended appraisal
process and criteria on which to appraise the performance of
teachers. The criteria must be based on observable, job-related
behavior, including:
(1) teachers' implementation of discipline management
procedures; and
(2) the performance of teachers' students, provided
that consideration of student performance is not based in any part
on student performance on assessment instruments administered
under Section 39.023.
SECTION 2. Section 39.023(a), Education Code, as effective
September 1, 2017, is amended to read as follows:
(a) The agency shall adopt or develop appropriate
criterion-referenced assessment instruments designed to assess
essential knowledge and skills in reading, [writing,] mathematics,
[social studies,] and science. Except as provided by Subsection
(a-2), all students, other than students assessed under Subsection
(b) or (l) or exempted under Section 39.027, shall be assessed in:
(1) mathematics, annually in grades three through
seven without the aid of technology and in grade eight with the aid
of technology on any assessment instrument that includes algebra;
(2) reading, annually in grades three through eight;
and
(3) [writing, including spelling and grammar, in
grades four and seven;
[(4) social studies, in grade eight;
[(5)] science, in grades five and eight[; and
[(6) any other subject and grade required by federal
law].
SECTION 3. Section 39.023(c), Education Code, is amended to
read as follows:
(c) The agency shall also adopt end-of-course assessment
instruments for secondary-level courses in reading, mathematics,
and science only as necessary to comply with the Every Student
Succeeds Act (20 U.S.C. Section 6301 et seq.) to be administered
only as necessary to meet the minimum requirements of that Act
[Algebra I, biology, English I, English II, and United States
history. The Algebra I end-of-course assessment instrument must be
administered with the aid of technology. The English I and English
II end-of-course assessment instruments must each assess essential
knowledge and skills in both reading and writing in the same
assessment instrument and must provide a single score]. A school
district shall comply with State Board of Education rules regarding
administration of the assessment instruments adopted under [listed
in] this subsection. If a student is in a special education program
under Subchapter A, Chapter 29, the student's admission, review,
and dismissal committee shall determine whether any allowable
modification is necessary in administering to the student an
assessment instrument required under this subsection. The State
Board of Education shall administer the assessment instruments.
[The State Board of Education shall adopt a schedule for the
administration of end-of-course assessment instruments that
complies with the requirements of Subsection (c-3).]
SECTION 4. Section 39.023(c-3), Education Code, as
effective September 1, 2017, is amended to read as follows:
(c-3) The State Board of Education, with input from school
districts, shall adopt [In adopting] a schedule for the
administration of assessment instruments under this section that
minimizes the disruption of classroom instruction [, the State
Board of Education shall require:
[(1) assessment instruments administered under
Subsection (a) to be administered on a schedule so that the first
assessment instrument is administered at least two weeks later than
the date on which the first assessment instrument was administered
under Subsection (a) during the 2006-2007 school year; and
[(2) the spring administration of end-of-course
assessment instruments under Subsection (c) to occur in each school
district not earlier than the first full week in May, except that
the spring administration of the end-of-course assessment
instruments in English I and English II must be permitted to occur
at an earlier date].
SECTION 5. Section 39.023, Education Code, is amended by
adding Subsection (q) to read as follows:
(q) Notwithstanding any provision of this section or other
law, if changes made to the Every Student Succeeds Act (20 U.S.C.
Section 6301 et seq.) reduce the number or frequency of assessment
instruments required to be administered to students, the State
Board of Education shall adopt rules reducing the number or
frequency of assessment instruments administered to students under
state law, and the commissioner shall ensure that students are not
assessed in subject areas or in grades that are no longer required
to meet the minimum requirements of that Act.
SECTION 6. Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.040 to read as follows:
Sec. 39.040. ALTERNATIVE ASSESSMENT INSTRUMENTS. (a) The
commissioner by rule shall adopt procedures to identify nationally
recognized, norm-referenced assessment instruments as additional
alternative assessment instruments that may be used to evaluate
student achievement for purposes of complying with accountability
requirements under this chapter.
(b) Additional alternative assessment instruments
identified as provided by Subsection (a) may be used:
(1) for grades three through eight, provided that the
commissioner obtains any necessary waiver from the application of
any conflicting federal law or regulation as provided by Subsection
(d); and
(2) for secondary-level courses.
(c) The procedures adopted to identify all additional
alternative assessment instruments under Subsection (a) must be
consistent with the federal procedures required by the Every
Student Succeeds Act (20 U.S.C. Section 6311) for state approval of
nationally recognized high school academic assessment instruments
that are available for local selection, including requiring each
additional alternative assessment instrument identified to be
aligned with the essential knowledge and skills for the appropriate
grade level in the subject assessed.
(d) For purposes of using additional alternative assessment
instruments in grades three through eight, the commissioner shall
seek a waiver from the application of any conflicting federal law or
regulation as a result of the use of multiple assessment
instruments for assessing students in the same grade.
SECTION 7. Section 39.053(c), Education Code, is amended to
read as follows:
(c) School districts and campuses must be evaluated based on
five domains of indicators of achievement adopted under this
section that include:
(1) in the first domain, the results of:
(A) assessment instruments required under
Sections 39.023(a), (c), and (l), including the results of
assessment instruments required for graduation retaken by a
student, aggregated across grade levels by subject area, including:
(i) for the performance standard determined
by the commissioner under Section 39.0241(a), the percentage of
students who performed satisfactorily on the assessment
instruments, aggregated across grade levels by subject area; and
(ii) for the college readiness performance
standard as determined under Section 39.0241, the percentage of
students who performed satisfactorily on the assessment
instruments, aggregated across grade levels by subject area; and
(B) assessment instruments required under
Section 39.023(b), aggregated across grade levels by subject area,
including the percentage of students who performed satisfactorily
on the assessment instruments, as determined by the performance
standard adopted by the agency, aggregated across grade levels by
subject area;
(2) in the second domain:
(A) for assessment instruments under Subdivision
(1)(A):
(i) for the performance standard determined
by the commissioner under Section 39.0241(a), the percentage of
students who met the standard for annual improvement on the
assessment instruments, as determined by the commissioner by rule
or by the method for measuring annual improvement under Section
39.034, aggregated across grade levels by subject area; and
(ii) for the college readiness performance
standard as determined under Section 39.0241, the percentage of
students who met the standard for annual improvement on the
assessment instruments, as determined by the commissioner by rule
or by the method for measuring annual improvement under Section
39.034, aggregated across grade levels by subject area; and
(B) for assessment instruments under Subdivision
(1)(B), the percentage of students who met the standard for annual
improvement on the assessment instruments, as determined by the
commissioner by rule or by the method for measuring annual
improvement under Section 39.034, aggregated across grade levels by
subject area;
(3) in the third domain, the student academic
achievement differentials among students from different racial and
ethnic groups and socioeconomic backgrounds;
(4) in the fourth domain:
(A) for evaluating the performance of high school
campuses and districts that include high school campuses:
(i) dropout rates, including dropout rates
and district completion rates for grade levels 9 through 12,
computed in accordance with standards and definitions adopted by
the National Center for Education Statistics of the United States
Department of Education;
(ii) high school graduation rates, computed
in accordance with standards and definitions adopted in compliance
with the Every Student Succeeds Act [No Child Left Behind Act of
2001] (20 U.S.C. Section 6301 et seq.);
(iii) the percentage of students who
successfully completed the curriculum requirements for the
distinguished level of achievement under the foundation high school
program;
(iv) the percentage of students who
successfully completed the curriculum requirements for an
endorsement under Section 28.025(c-1);
(v) the percentage of students who
completed a coherent sequence of career and technical courses;
(vi) the percentage of students who satisfy
the Texas Success Initiative (TSI) college readiness benchmarks
prescribed by the Texas Higher Education Coordinating Board under
Section 51.3062(f) on an assessment instrument in reading, writing,
or mathematics designated by the Texas Higher Education
Coordinating Board under Section 51.3062(c);
(vii) the percentage of students who earn
at least 12 hours of postsecondary credit required for the
foundation high school program under Section 28.025 or to earn an
endorsement under Section 28.025(c-1);
(viii) the percentage of students who have
completed an advanced placement course;
(ix) the percentage of students who enlist
in the armed forces of the United States; and
(x) the percentage of students who earn an
industry certification;
(B) for evaluating the performance of middle and
junior high school and elementary school campuses and districts
that include those campuses:
(i) student attendance; and
(ii) for middle and junior high school
campuses:
(a) dropout rates, computed in the
manner described by Paragraph (A)(i); and
(b) the percentage of students in
grades seven and eight who receive instruction in preparing for
high school, college, and a career that includes information
regarding the creation of a high school personal graduation plan
under Section 28.02121, the distinguished level of achievement
described by Section 28.025(b-15), each endorsement described by
Section 28.025(c-1), college readiness standards, and potential
career choices and the education needed to enter those careers; and
(C) any additional indicators of student
achievement not associated with performance on standardized
assessment instruments determined appropriate for consideration by
the commissioner in consultation with educators, parents, business
and industry representatives, and employers; and
(5) in the fifth domain, the following [three]
programs or specific categories of performance related to community
and student engagement under Section 39.0545(b)(1) locally
[selected and] evaluated as provided by Section 39.0546:
(A) wellness and physical education; and
(B) community and parental involvement.
SECTION 8. Section 39.054(a-1), Education Code, is amended
to read as follows:
(a-1) For purposes of assigning an overall performance
rating under Subsection (a), the commissioner shall attribute:
(1) 25 [55] percent of the performance evaluation to
the achievement indicators for the first, second, and third domains
under Sections 39.053(c)(1)-(3);
(2) for middle and junior high school and elementary
campuses and districts that include only those campuses:
(A) 10 percent of the performance evaluation to
the dropout rate indicator described by Section
39.053(c)(4)(B)(ii)(a); and
(B) [,] 35 percent to the remaining [of the
performance evaluation to the] applicable achievement indicators
for the fourth domain under Section 39.053(c)(4);
(3) for high school campuses and districts that
include those campuses:
(A) 10 percent of the performance evaluation to
the dropout [high school graduation] rate [achievement] indicator
described by Section 39.053(c)(4)(A)(i) [39.053(c)(4)(A)(ii)]; and
(B) 35 [25] percent to the remaining applicable
achievement indicators for the fourth domain under Section
39.053(c)(4); and
(4) for [10 percent of the performance evaluation to]
the locally [selected and] evaluated achievement indicators
provided for under the fifth domain under Section 39.053(c)(5):
(A) 15 percent of the performance evaluation to
the wellness and physical education indicator under Section
39.053(c)(5)(A); and
(B) 15 percent of the performance evaluation to
the community and parental involvement indicator under Section
39.053(c)(5)(B).
SECTION 9. Section 39.0546(a), Education Code, is amended
to read as follows:
(a) For purposes of including the local evaluation of
districts and campuses under Section 39.053(c)(5) and assigning an
overall rating under Section 39.054, before the beginning of each
school year:
(1) each school district shall:
(A) [select and] report to the agency the
following [three] programs or categories under Section
39.0545(b)(1)[, as added by Chapter 211 (H.B. 5), Acts of the 83rd
Legislature, Regular Session, 2013,] under which the district will
evaluate district performance:
(i) wellness and physical education under
Section 39.0545(b)(1)(B); and
(ii) community and parental involvement
under Section 39.0545(b)(1)(C);
(B) submit to the agency the criteria the
district will use to evaluate district performance and assign the
district a performance rating; and
(C) make the information described by Paragraphs
(A) and (B) available on the district's Internet website; and
(2) each campus shall:
(A) [select and] report to the agency the [three]
programs or categories described by Subdivision (1)(A) [under
Section 39.0545(b)(1), as added by Chapter 211 (H.B. 5), Acts of the
83rd Legislature, Regular Session, 2013,] under which the campus
will evaluate campus performance;
(B) submit to the agency the criteria the campus
will use to evaluate campus performance and assign the campus a
performance rating; and
(C) make the information described by Paragraphs
(A) and (B) available on the Internet website of the campus.
SECTION 10. Section 39.203(c), Education Code, is amended
to read as follows:
(c) In addition to the distinction designations described
by Subsections (a) and (b), a campus that satisfies the criteria
developed under Section 39.204 shall be awarded a distinction
designation by the commissioner for outstanding performance in
academic achievement in reading [English language arts],
mathematics, or science[, or social studies].
SECTION 11. Section 39.02301, Education Code, is repealed.
SECTION 12. Not later than September 1, 2018, the
commissioner of education shall:
(1) adopt rules regarding alternative assessment
instruments as required by Section 39.040, Education Code, as added
by this Act; and
(2) request from the United States Department of
Education a waiver from the application of any conflicting federal
law or regulation as required by Section 39.040(d), Education Code,
as added by this Act, or a written notification that a waiver is not
required.
SECTION 13. This Act applies beginning with the 2017-2018
school year.
SECTION 14. 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, 2017.