Texas 2019 - 86th Regular

Texas House Bill HB108 Compare Versions

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

Old	New	Differences
1	1	86R3422 MM-D
2	2	By: González of El Paso H.B. No. 108
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to establishing a pilot program under which public schools
8	8	may use a digital portfolio method to assess student performance in
9	9	grades three through eight for purposes of accountability and
10	10	qualification for promotion.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter B, Chapter 39, Education Code, is
13	13	amended by adding Section 39.02303 to read as follows:
14	14	Sec. 39.02303. DIGITAL PORTFOLIO ASSESSMENT PILOT PROGRAM
15	15	FOR GRADES THREE THROUGH EIGHT. (a) The commissioner shall
16	16	establish a pilot program as provided by this section under which
17	17	participating school districts may:
18	18	(1) implement a digital portfolio method to assess
19	19	students in grades three through eight using the services of an
20	20	entity selected by the agency under Subsection (e); and
21	21	(2) use student performance under that method as a
22	22	percentage of a student's overall performance on assessment
23	23	instruments, in addition to the student's performance on assessment
24	24	instruments required under Sections 39.023(a), (b), and (l), for
25	25	purposes of accountability under this chapter and qualification for
26	26	promotion under Section 28.0211.
27	27	(b) A school district may apply to participate in the pilot
28	28	program established under this section by submitting to the
29	29	commissioner for approval not later than May 1, 2020, a plan
30	30	described by Subsection (d) and approved by the board of trustees of
31	31	the district.
32	32	(c) A school district that applies to participate in the
33	33	pilot program must create a committee to develop the plan described
34	34	by Subsection (d). The committee:
35	35	(1) must consist of:
36	36	(A) teachers and administrators employed by the
37	37	district, including those who have experience serving special
38	38	populations;
39	39	(B) at least two students enrolled in the
40	40	district;
41	41	(C) parents of students enrolled in the district;
42	42	and
43	43	(D) community or business leaders; and
44	44	(2) to the extent practicable, may include:
45	45	(A) representatives of the regional education
46	46	service center that serves the district; and
47	47	(B) representatives of institutions of higher
48	48	education.
49	49	(d) The committee created under Subsection (c) shall
50	50	develop a three-year plan that:
51	51	(1) specifies the goals and guiding principles for
52	52	implementation of the district's digital portfolio assessment
53	53	method;
54	54	(2) designates for assessment by the digital portfolio
55	55	assessment method:
56	56	(A) English language arts;
57	57	(B) mathematics;
58	58	(C) science; or
59	59	(D) any other subject as determined by the
60	60	committee;
61	61	(3) specifies the essential knowledge and skills that
62	62	must be addressed by the digital portfolio method of assessment for
63	63	each subject designated under Subdivision (2);
64	64	(4) designates the grades subject to digital portfolio
65	65	assessment;
66	66	(5) provides for accommodations and any other support
67	67	measures that comply with applicable federal law for students
68	68	enrolled in a special education program under Subchapter A, Chapter
69	69	29, and students of limited English proficiency, as defined by
70	70	Section 29.052;
71	71	(6) provides for the digital submission of student
72	72	portfolios and identifies the type of student work samples that may
73	73	be uploaded into a digital format, which may include written work,
74	74	digitally delivered work, an oral defense presentation, or a
75	75	combination of those types of work samples; and
76	76	(7) includes a schedule for grading digitally
77	77	submitted student portfolios.
78	78	(e) The agency shall contract with a single entity to
79	79	facilitate the use of the digital portfolio method of assessment by
80	80	school districts participating in the pilot program. To be
81	81	eligible for a contract under this subsection, an entity must
82	82	specialize in developing digital portfolios for an educational
83	83	purpose and have experience with school districts in the state in
84	84	implementing digital portfolio methods to assess students,
85	85	including the ability to upload multiple types of student work
86	86	samples into a digital format. The contract with the entity must
87	87	require that the entity:
88	88	(1) provide an appropriate and secure digital platform
89	89	that can be accessed by students, teachers, administrators, and
90	90	individuals responsible for grading the digitally submitted
91	91	student portfolios;
92	92	(2) develop a rubric for grading digitally submitted
93	93	student portfolios that complies with Subsection (f); and
94	94	(3) ensure that:
95	95	(A) the platform provided by the entity allows
96	96	for:
97	97	(i) grading of the digitally submitted
98	98	student portfolios by an individual who is not affiliated with the
99	99	entity and in conformity with the assignment process adopted under
100	100	Subsection (h); and
101	101	(ii) delivery of the digitally submitted
102	102	student portfolio scores coded by student identification number to
103	103	school districts; and
104	104	(B) individuals responsible for grading the
105	105	digitally submitted student portfolios do not have access to
106	106	identifying information about the students.
107	107	(f) The entity contracted under Subsection (e) must develop
108	108	a rubric for grading digitally submitted student portfolios in
109	109	coordination with various stakeholders, including subject matter
110	110	experts. The rubric developed under this subsection must:
111	111	(1) be capable of being used statewide;
112	112	(2) be based on a 100-point scale scoring system;
113	113	(3) establish a level of performance considered
114	114	satisfactory and a level of performance necessary to indicate
115	115	college readiness;
116	116	(4) provide for accommodations that comply with
117	117	applicable federal law for students enrolled in a special education
118	118	program under Subchapter A, Chapter 29, and students of limited
119	119	English proficiency as defined by Section 29.052;
120	120	(5) be able to be presented in a digital format; and
121	121	(6) be approved by the agency.
122	122	(g) The agency, in coordination with regional education
123	123	service centers, shall adopt rules to establish a process by which
124	124	an individual may apply to be approved to grade digitally submitted
125	125	student portfolios. The rules must require that the individual:
126	126	(1) be a teacher, retired teacher, or other educator;
127	127	(2) submit the individual's identifying information,
128	128	including providing each school district and campus where the
129	129	individual is working or has worked;
130	130	(3) submit a copy of the individual's educator
131	131	certification issued by the State Board for Educator Certification,
132	132	which may include a probationary, current, or expired certificate,
133	133	as appropriate, but may not include a revoked certificate; and
134	134	(4) submit an electronically signed statement
135	135	declaring that the individual will grade each digitally submitted
136	136	student portfolio with honesty and integrity, without bias, and
137	137	will decline to grade a digitally submitted student portfolio if
138	138	the individual is aware of a connection between the individual and
139	139	that student as described by Subsection (h).
140	140	(h) The agency, in coordination with regional education
141	141	service centers, shall adopt rules to develop a process for
142	142	assigning individuals to grade digitally submitted student
143	143	portfolios. The rules must provide that an individual will not be
144	144	responsible for grading the digitally submitted portfolio of a
145	145	student who is enrolled at the campus where the individual is
146	146	working or has worked or, to the extent practicable, who is enrolled
147	147	in the district where the individual is working or has worked. The
148	148	agency may use any available revenue, including legislative
149	149	appropriations, and may solicit gifts, grants, and donations to
150	150	compensate individuals responsible for grading digitally submitted
151	151	student portfolios.
152	152	(i) Subject to the Family Educational Rights and Privacy Act
153	153	of 1974 (20 U.S.C. Section 1232g), the plan developed under
154	154	Subsection (d) may provide for the use of digital portfolio
155	155	assessments for other purposes, including to:
156	156	(1) assist in developing campus turnaround plans and
157	157	other campus improvement initiatives under Chapter 39A;
158	158	(2) assist in communicating with the student's parents
159	159	regarding the student's academic development; or
160	160	(3) provide relevant information in admission,
161	161	review, and dismissal committee and language proficiency
162	162	assessment committee meetings.
163	163	(j) On or before August 1, 2020, the commissioner shall
164	164	review and select school districts for participation in the pilot
165	165	program based on the plans submitted by school districts under this
166	166	section. In making selections for participation in the pilot
167	167	program, the commissioner, to the extent feasible, must include at
168	168	least one large urban district, one medium-sized district, and one
169	169	rural district, all of which provide a student enrollment for the
170	170	pilot program that is representative of the economic, linguistic,
171	171	racial, ethnic, and geographic diversity of this state. To
172	172	participate in the pilot program, a school district must implement
173	173	a plan approved by the commissioner under this section beginning
174	174	with the 2020-2021 school year.
175	175	(k) A student's performance under the digital portfolio
176	176	assessment method for a grade and subject shall be combined with the
177	177	student's performance on the assessment instrument administered
178	178	under Section 39.023(a), (b), or (l), as applicable, for that grade
179	179	and subject to determine the student's overall performance. A
180	180	student's performance under the digital portfolio assessment
181	181	method for a grade and subject is considered as 50 percent of the
182	182	student's overall performance for purposes of:
183	183	(1) assigning districts and campuses a performance
184	184	rating under Section 39.054; and
185	185	(2) determining whether a student performed
186	186	satisfactorily on an assessment instrument required under Section
187	187	28.0211 to qualify for promotion.
188	188	(l) For purposes of assigning districts and campuses a
189	189	performance rating under Section 39.054, the commissioner shall
190	190	consider districts and campuses participating in the pilot program
191	191	separately. The commissioner shall adopt rules to substitute a
192	192	student's overall performance computed as provided by Subsection
193	193	(k) for purposes of accountability for the student's performance on
194	194	assessment instruments required under Section 39.023(a), (b), or
195	195	(l), as applicable.
196	196	(m) A school district that participates in the pilot program
197	197	shall provide student performance data to the agency as required by
198	198	agency rule. The agency shall periodically review the performance
199	199	data submitted under this subsection.
200	200	(n) The commissioner shall adopt rules as necessary to
201	201	implement this section, including:
202	202	(1) rules for submitting to the commissioner for
203	203	approval a plan described by Subsection (d) and subsequent
204	204	amendments to the plan;
205	205	(2) rules for evaluating submitted plans and
206	206	amendments described by Subdivision (1); and
207	207	(3) any specific rules for school districts or
208	208	campuses that are assigned an overall performance rating of F and
209	209	selected to participate in the pilot program under this section.
210	210	(o) Not later than September 1, 2024, the agency shall
211	211	prepare and deliver to the governor, the lieutenant governor, the
212	212	speaker of the house of representatives, and the presiding officer
213	213	of each legislative standing committee with primary jurisdiction
214	214	over primary and secondary education a report that:
215	215	(1) evaluates the implementation and performance
216	216	results of the pilot program under this section; and
217	217	(2) makes recommendations regarding the feasibility
218	218	of statewide application of establishing a digital portfolio method
219	219	to assess student performance in grades three through eight for
220	220	purposes of accountability and qualification for promotion.
221	221	(p) This section expires September 1, 2025.
222	222	SECTION 2. This Act takes effect immediately if it receives
223	223	a vote of two-thirds of all the members elected to each house, as
224	224	provided by Section 39, Article III, Texas Constitution. If this
225	225	Act does not receive the vote necessary for immediate effect, this
226	226	Act takes effect September 1, 2019.