Texas 2017 85th Regular

Texas House Bill HB1993 Introduced / Bill

Filed 02/16/2017

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                    85R6600 PAM-D
 By: Anderson of Dallas H.B. No. 1993


 A BILL TO BE ENTITLED
 AN ACT
 relating to the authorization of alternative assessment
 instruments for use under the public school accountability system.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  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 2.  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 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, 2017.