85R6717 PAM-D By: González of El Paso H.B. No. 989 A BILL TO BE ENTITLED AN ACT relating to establishing a pilot program under which public schools may develop a portfolio method to assess secondary-level student performance for purposes of accountability and qualification for graduation. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter B, Chapter 39, Education Code, is amended by adding Section 39.02303 to read as follows: Sec. 39.02303. PORTFOLIO ASSESSMENT PILOT PROGRAM FOR SECONDARY-LEVEL STUDENTS. (a) The commissioner shall establish a pilot program as provided by this section under which participating school districts may: (1) implement a portfolio method to assess students enrolled in secondary-level courses; and (2) use student performance under that method as a percentage of a student's overall performance on assessment instruments, in addition to the student's performance on assessment instruments required under Section 39.023(c), for purposes of accountability under this chapter and determining qualification for graduation. (b) A school district may choose to participate in the pilot program established under this section by submitting to the commissioner for approval not later than May 1, 2018, a plan described by this subsection and approved by the board of trustees of the district. A school district that chooses to participate in the pilot program must create a committee that consists of teachers and administrators employed by and students enrolled in the district to develop a three-year plan that: (1) specifies the goals and guiding principles for implementation of the district's portfolio assessment method; (2) designates for assessment by the portfolio assessment method courses in: (A) Algebra I; (B) English I and English II; and (C) any other course as determined by the committee; (3) specifies the essential knowledge and skills that must be addressed by the portfolio method of assessment for each course designated under Subdivision (2); (4) provides for accommodations and any other support measures that comply with applicable federal law for students enrolled in a special education program under Subchapter A, Chapter 29, and students of limited English proficiency, as defined by Section 29.052; (5) includes requirements for using components of the portfolio assessment as: (A) an interim formative assessment tool to provide the student the opportunity to further develop understanding and performance; and (B) a final summative assessment; (6) includes the method for submitting student portfolios, which may include written submission, digital delivery, an oral defense presentation, or a combination of those methods; and (7) includes a rubric for grading student portfolios as provided by Subsection (c). (c) The rubric included in the plan developed under Subsection (b) must be developed by district teachers. In developing the rubric, the district teachers may incorporate suggestions from students enrolled in the district and community and business leaders. The rubric must be based on a 100-point scale scoring system and must establish a level of performance considered satisfactory and a level of performance necessary to indicate college readiness. (d) Subject to the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), the plan developed under Subsection (b) may provide for the use of portfolio assessments for other purposes, including: (1) to evaluate teacher performance; (2) to assist in developing campus turnaround plans and other campus improvement initiatives under Subchapter E; (3) to assist in communicating with the student's parents regarding the student's academic development; (4) to provide relevant information in admission, review, and dismissal committee and language proficiency assessment committee meetings; (5) as a course completion requirement; or (6) as a factor in determining a student's qualification for graduation by any committee established to make such a determination. (e) The commissioner shall review and make a determination on each plan submitted under this section on or before August 1, 2018. To participate in the pilot program, a school district must implement a plan approved by the commissioner under this section beginning with the 2018-2019 school year. (f) A student's performance under the portfolio assessment method for a secondary-level course shall be combined with the student's performance on the comparable assessment instrument administered under Section 39.023(c) for that secondary-level course to determine the student's overall performance. For purposes of assigning districts and campuses a performance rating under Section 39.054, a student's performance under the portfolio assessment method for a secondary-level course is considered as 50 percent of the student's overall performance. For purposes of determining whether a student performed satisfactorily on an end-of-course assessment instrument to qualify for graduation, a student's performance under the portfolio assessment method for a secondary-level course is considered as 65 percent of the student's overall performance. (g) For purposes of assigning districts and campuses a performance rating under Section 39.054, the commissioner shall consider districts and campuses participating in the pilot program separately. The commissioner shall adopt rules to substitute a student's overall performance computed as provided by Subsection (f) for purposes of accountability for the student's performance on assessment instruments required under Section 39.023(c). (h) A school district that participates in the pilot program shall provide student performance data to the agency as required by agency rule. The agency shall periodically review the performance data submitted under this subsection. (i) The commissioner shall adopt rules as necessary to implement this section, including: (1) rules for submitting to the commissioner for approval a plan described by Subsection (b) and subsequent amendments to the plan; (2) rules for evaluating submitted plans and amendments described by Subdivision (1); (3) rules for submitting student performance data to the agency as required under Subsection (h); and (4) any specific rules for school districts or campuses that are rated unacceptable and choose to participate in the pilot program under this section. (j) Not later than September 1, 2022, the agency shall prepare and deliver to the governor, the lieutenant governor, the speaker of the house of representatives, and the presiding officer of each legislative standing committee with primary jurisdiction over primary and secondary education a report that: (1) evaluates the implementation and performance results of the pilot program under this section; and (2) makes recommendations regarding the feasibility of statewide application of establishing a portfolio method to assess secondary-level student performance for purposes of accountability and qualification for graduation. (k) This section expires September 1, 2023. SECTION 2. 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.