| 1 | 1 | | 85R6600 PAM-D |
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| 2 | 2 | | By: Anderson of Dallas H.B. No. 1993 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authorization of alternative assessment |
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| 8 | 8 | | instruments for use under the public school accountability system. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 39, Education Code, is |
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| 11 | 11 | | amended by adding Section 39.040 to read as follows: |
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| 12 | 12 | | Sec. 39.040. ALTERNATIVE ASSESSMENT INSTRUMENTS. (a) The |
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| 13 | 13 | | commissioner by rule shall adopt procedures to identify nationally |
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| 14 | 14 | | recognized, norm-referenced assessment instruments as additional |
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| 15 | 15 | | alternative assessment instruments that may be used to evaluate |
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| 16 | 16 | | student achievement for purposes of complying with accountability |
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| 17 | 17 | | requirements under this chapter. |
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| 18 | 18 | | (b) Additional alternative assessment instruments |
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| 19 | 19 | | identified as provided by Subsection (a) may be used: |
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| 20 | 20 | | (1) for grades three through eight, provided that the |
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| 21 | 21 | | commissioner obtains any necessary waiver from the application of |
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| 22 | 22 | | any conflicting federal law or regulation as provided by Subsection |
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| 23 | 23 | | (d); and |
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| 24 | 24 | | (2) for secondary-level courses. |
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| 25 | 25 | | (c) The procedures adopted to identify all additional |
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| 26 | 26 | | alternative assessment instruments under Subsection (a) must be |
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| 27 | 27 | | consistent with the federal procedures required by the Every |
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| 28 | 28 | | Student Succeeds Act (20 U.S.C. Section 6311) for state approval of |
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| 29 | 29 | | nationally recognized high school academic assessment instruments |
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| 30 | 30 | | that are available for local selection, including requiring each |
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| 31 | 31 | | additional alternative assessment instrument identified to be |
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| 32 | 32 | | aligned with the essential knowledge and skills for the appropriate |
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| 33 | 33 | | grade level in the subject assessed. |
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| 34 | 34 | | (d) For purposes of using additional alternative assessment |
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| 35 | 35 | | instruments in grades three through eight, the commissioner shall |
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| 36 | 36 | | seek a waiver from the application of any conflicting federal law or |
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| 37 | 37 | | regulation as a result of the use of multiple assessment |
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| 38 | 38 | | instruments for assessing students in the same grade. |
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| 39 | 39 | | SECTION 2. Not later than September 1, 2018, the |
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| 40 | 40 | | commissioner of education shall: |
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| 41 | 41 | | (1) adopt rules regarding alternative assessment |
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| 42 | 42 | | instruments as required by Section 39.040, Education Code, as added |
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| 43 | 43 | | by this Act; and |
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| 44 | 44 | | (2) request from the United States Department of |
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| 45 | 45 | | Education a waiver from the application of any conflicting federal |
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| 46 | 46 | | law or regulation as required by Section 39.040(d), Education Code, |
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| 47 | 47 | | as added by this Act, or a written notification that a waiver is not |
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| 48 | 48 | | required. |
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| 49 | 49 | | SECTION 3. This Act takes effect immediately if it receives |
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| 50 | 50 | | a vote of two-thirds of all the members elected to each house, as |
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| 51 | 51 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 52 | 52 | | Act does not receive the vote necessary for immediate effect, this |
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| 53 | 53 | | Act takes effect September 1, 2017. |
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