TX
Texas House Bill HB2572

Texas 2019 - 86th Regular

Texas House Bill HB2572 Compare Versions

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1-86R28869 MM-D
2- By: Patterson, González of El Paso, H.B. No. 2572
3- VanDeaver, Bowers, et al.
4- Substitute the following for H.B. No. 2572:
5- By: Meyer C.S.H.B. No. 2572
1+86R10182 MM-D
2+ By: Patterson H.B. No. 2572
63
74
85 A BILL TO BE ENTITLED
96 AN ACT
10- relating to eliminating the state-required assessment instrument
11- in social studies and the United States history end-of-course
12- assessment instrument and to establishing a pilot program to
13- develop a portfolio method to assess student performance in those
14- courses.
7+ relating to establishing a pilot program under which certain public
8+ schools may develop a portfolio method to assess student
9+ performance in eighth grade social studies and secondary-level
10+ United States history for purposes of accountability and
11+ qualification for promotion or graduation.
1512 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16- SECTION 1. Sections 39.023(a) and (c), Education Code, are
17- amended to read as follows:
18- (a) The agency shall adopt or develop appropriate
19- criterion-referenced assessment instruments designed to assess
20- essential knowledge and skills in reading, writing, mathematics,
21- [social studies,] and science. Except as provided by Subsection
22- (a-2), all students, other than students assessed under Subsection
23- (b) or (l) or exempted under Section 39.027, shall be assessed in:
24- (1) mathematics, annually in grades three through
25- seven without the aid of technology and in grade eight with the aid
26- of technology on any assessment instrument that includes algebra;
27- (2) reading, annually in grades three through eight;
28- (3) writing, including spelling and grammar, in grades
29- four and seven;
30- (4) [social studies, in grade eight;
31- [(5)] science, in grades five and eight; and
32- (5) [(6)] any other subject and grade required by
33- federal law.
34- (c) The agency shall also adopt end-of-course assessment
35- instruments for secondary-level courses in Algebra I, biology,
36- English I, and English II [, and United States history]. The
37- Algebra I end-of-course assessment instrument must be administered
38- with the aid of technology. The English I and English II
39- end-of-course assessment instruments must each assess essential
40- knowledge and skills in both reading and writing in the same
41- assessment instrument and must provide a single score. A school
42- district shall comply with State Board of Education rules regarding
43- administration of the assessment instruments listed in this
44- subsection. If a student is in a special education program under
45- Subchapter A, Chapter 29, the student's admission, review, and
46- dismissal committee shall determine whether any allowable
47- modification is necessary in administering to the student an
48- assessment instrument required under this subsection. The State
49- Board of Education shall administer the assessment instruments.
50- The State Board of Education shall adopt a schedule for the
51- administration of end-of-course assessment instruments that
52- complies with the requirements of Subsection (c-3).
53- SECTION 2. Subchapter B, Chapter 39, Education Code, is
13+ SECTION 1. Subchapter B, Chapter 39, Education Code, is
5414 amended by adding Section 39.02305 to read as follows:
5515 Sec. 39.02305. PORTFOLIO ASSESSMENT PILOT PROGRAM FOR
5616 EIGHTH GRADE SOCIAL STUDIES AND SECONDARY-LEVEL UNITED STATES
5717 HISTORY. (a) Beginning with the 2020-2021 school year, the
5818 commissioner shall establish a pilot program as provided by this
59- section under which participating school districts implement a
60- portfolio method designed to assess mastery of the essential
61- knowledge and skills for:
62- (1) eighth grade students in social studies; and
63- (2) students enrolled in a secondary-level United
64- States history course.
19+ section under which participating school districts:
20+ (1) implement a portfolio method designed to assess
21+ mastery of the essential knowledge and skills for:
22+ (A) eighth grade students in social studies; and
23+ (B) students enrolled in a secondary-level
24+ United States history course; and
25+ (2) use student performance under that method for
26+ purposes of determining qualification for promotion or graduation.
6527 (b) A school district designated as a district of innovation
6628 under Chapter 12A may submit to the commissioner for approval not
6729 later than December 1, 2019, a resolution approved by the board of
6830 trustees of the district requesting to participate in the pilot
6931 program established under this section. In selecting campuses to
7032 participate in the pilot program, the district must select each
7133 campus as a whole. The district may designate a single campus in
7234 the district to participate in the pilot program. Before approving
7335 a resolution submitted under this section, the board must consult
7436 with:
7537 (1) teachers and administrators employed by the
7638 district and members of the community; or
7739 (2) the district- and campus-level planning and
78- decision-making committees established under Section 11.251, if
79- applicable.
40+ decision-making committees established under Section 11.251.
8041 (c) On or before March 1, 2020, the commissioner shall
8142 review the resolutions submitted in compliance with Subsection (b)
8243 and select school districts for participation in the pilot program.
8344 In making selections for participation in the pilot program, the
8445 commissioner must consider:
8546 (1) the availability of funds;
8647 (2) the ability of the district to successfully
8748 implement the portfolio assessment method;
8849 (3) the location and size of the district and whether
8950 the district provides a student enrollment at each participating
9051 campus that ensures that the pilot program as a whole is
9152 representative of the economic, linguistic, racial, ethnic, and
9253 geographic diversity of this state; and
9354 (4) the number of participating districts the
94- commissioner determines appropriate to allow not more than 100,000
95- students to participate in the pilot program.
55+ commissioner determines appropriate to achieve cost savings
56+ described by Subsection (n).
9657 (d) A school district that the commissioner selects to
9758 participate in the pilot program must create a committee that
9859 consists of teachers and administrators employed by the district to
9960 develop a plan that:
10061 (1) specifies the goals and guiding principles for
10162 implementation of the district's portfolio assessment method;
10263 (2) designates for assessment by the portfolio
10364 assessment method:
10465 (A) eighth grade students in social studies;
10566 (B) students enrolled in a secondary-level
10667 United States history course; or
10768 (C) both categories of students described by
10869 Paragraphs (A) and (B);
10970 (3) specifies the essential knowledge and skills that
11071 must be addressed by the portfolio assessment method for each
11172 subject or course described under Subdivision (2);
11273 (4) provides for accommodations and any other support
11374 measures that comply with applicable federal law for students
11475 enrolled in a special education program under Subchapter A, Chapter
11576 29, and students of limited English proficiency, as defined by
11677 Section 29.052;
11778 (5) includes requirements for using components of the
11879 portfolio assessment as:
11980 (A) an interim formative assessment tool to
12081 provide the student the opportunity to further develop
12182 understanding and performance; and
12283 (B) a final summative assessment; and
12384 (6) includes the method for submitting student
12485 portfolios, which may include written submission, digital
12586 delivery, an oral defense presentation, or a combination of those
12687 methods.
12788 (e) The commissioner shall establish a committee that
12889 consists of a teacher member from each committee created under
12990 Subsection (d) to collaborate with the agency to develop a rubric
13091 for grading student portfolios. Each teacher member that serves on
13192 the committee under this subsection must be jointly selected by the
13293 members of that teacher's committee created under Subsection (d).
13394 The rubric developed under this subsection must:
13495 (1) be approved by the agency;
13596 (2) be based on a 100-point scale scoring system; and
13697 (3) establish a level of performance considered
13798 satisfactory and a level of performance necessary to indicate
13899 college readiness.
139100 (f) The individuals responsible for scoring student
140101 portfolios under the pilot program shall be coordinated jointly by:
141102 (1) the school district in which the student is
142103 enrolled and that is participating in the pilot program;
143104 (2) a public junior college or institution of higher
144105 education that enters into an agreement with the participating
145106 school district; and
146107 (3) the regional education service center that serves
147108 the participating district.
148109 (g) A random sampling of scored student portfolios, the size
149110 of which the agency shall determine, shall be delivered to the
150111 agency. The agency shall use the samples submitted under this
151112 subsection to test for validity of results.
152113 (h) In determining the method for submitting student
153114 portfolios, the district shall solicit suggestions from members of
154115 the community. The district, to the extent possible, shall allow
155116 each participating student to choose the method for submitting the
156117 student's portfolio.
157118 (i) Not later than June 30, 2020, each regional education
158119 service center shall provide technical and advisory assistance to a
159120 participating district in the center's region regarding the
160121 development of a plan required under Subsection (d), including
161122 hosting a seminar to discuss:
162123 (1) portfolio assessment methods; and
163124 (2) the essential knowledge and skills that must be
164125 addressed by the portfolio assessment method.
165126 (j) A public junior college or institution of higher
166127 education may enter into an agreement with a participating school
167128 district to provide technical and advisory assistance to the
168129 district in developing and implementing a plan required under
169130 Subsection (d).
170131 (k) Subject to the Family Educational Rights and Privacy Act
171132 of 1974 (20 U.S.C. Section 1232g), the plan developed under
172133 Subsection (d) may provide for the use of portfolio assessments for
173134 other purposes, including:
174135 (1) to evaluate teacher performance;
175136 (2) to assist in developing campus turnaround plans
176137 and other campus improvement initiatives under Chapter 39A;
177138 (3) to assist in communicating with the student's
178- parents regarding the student's academic development; or
139+ parents regarding the student's academic development;
179140 (4) to provide relevant information in admission,
180141 review, and dismissal committee and language proficiency
181- assessment committee meetings.
142+ assessment committee meetings;
143+ (5) as a course completion requirement, as applicable;
144+ or
145+ (6) as a factor in determining a student's
146+ qualification for graduation, as applicable, by any committee
147+ established to make such a determination.
182148 (l) The commissioner shall review and make a determination
183149 on each plan submitted under this section. To participate in the
184150 pilot program, a school district must implement a plan approved by
185151 the commissioner under this section beginning with the 2020-2021
186152 school year.
187- (m) A school district that participates in the pilot program
153+ (m) During the period a school district is participating in
154+ the pilot program:
155+ (1) the district satisfies the requirements under
156+ Sections 39.023(a), (b), (c), and (l) to administer an assessment
157+ instrument to:
158+ (A) eighth grade students in social studies, if
159+ the district uses the portfolio assessment method for those
160+ students; and
161+ (B) students enrolled in a secondary-level
162+ United States history course, if the district uses the portfolio
163+ assessment method for those students; and
164+ (2) a student's performance under the portfolio
165+ assessment method shall be used to determine whether the student
166+ performed satisfactorily to qualify for promotion or graduation.
167+ (n) The agency shall, to the greatest extent practicable,
168+ apply cost savings that result from the exemption under Subsection
169+ (m)(1) to offset the costs accrued under this section.
170+ (o) A school district that participates in the pilot program
188171 shall provide student performance data to the agency as required by
189172 commissioner rule. The agency shall periodically review the
190173 performance data submitted under this subsection.
191- (n) A school district may withdraw from the pilot program
174+ (p) A school district may withdraw from the pilot program
192175 established under this section by submitting to the commissioner a
193176 resolution approved by the board of trustees of the district
194177 requesting the change in participation status.
195- (o) The agency shall develop and distribute a survey to
178+ (q) The agency shall develop and distribute a survey to
196179 educators and administrators soliciting feedback regarding the
197180 pilot program.
198- (p) The commissioner shall adopt rules as necessary to
181+ (r) The commissioner shall adopt rules as necessary to
199182 implement this section, including:
200183 (1) rules for submitting to the commissioner for
201184 approval:
202185 (A) a resolution to participate in the pilot
203186 program as described by Subsection (b); and
204187 (B) a plan described by Subsection (d) and
205188 subsequent amendments to the plan;
206189 (2) rules for evaluating submitted plans and
207190 amendments described by Subdivision (1)(B);
208191 (3) rules for submitting student performance data to
209- the agency as required under Subsection (m);
192+ the agency as required under Subsection (o);
210193 (4) rules for submitting to the commissioner a
211194 resolution to withdraw from the pilot program as described by
212- Subsection (n); and
195+ Subsection (p) and for any procedures required for reinstituting
196+ the requirements under Sections 39.023(a), (b), (c), and (l) to
197+ administer an assessment instrument to eighth grade students in
198+ social studies, if applicable, and to students enrolled in a
199+ secondary-level United States history course, if applicable; and
213200 (5) any specific rules for campuses that are assigned
214201 an overall performance rating of F and request to participate in the
215202 pilot program under this section.
216- (q) Not later than December 1, 2024, the agency shall
203+ (s) Not later than December 1, 2024, the agency shall
217204 prepare and deliver to the governor, the lieutenant governor, the
218205 speaker of the house of representatives, and the presiding officer
219206 of each legislative standing committee with primary jurisdiction
220207 over primary and secondary education a report that:
221208 (1) evaluates the implementation and performance
222209 results of the pilot program under this section, including the
223- results of the survey required under Subsection (o); and
210+ results of the survey required under Subsection (q); and
224211 (2) makes recommendations regarding the feasibility
225212 of statewide application of establishing a portfolio method to
226- assess eighth grade students in social studies and students
227- enrolled in a secondary-level United States history course.
228- (r) This section expires September 1, 2025.
229- SECTION 3. Section 39.203(c), Education Code, is amended to
230- read as follows:
231- (c) In addition to the distinction designations described
232- by Subsections (a) and (b), a campus that satisfies the criteria
233- developed under Section 39.204 shall be awarded a distinction
234- designation by the commissioner for outstanding performance in
235- academic achievement in English language arts, mathematics, or
236- science[, or social studies].
237- SECTION 4. The Texas Education Agency shall, to the
238- greatest extent practicable, apply cost savings that result from
239- eliminating the social studies assessment instrument and the United
240- States history end-of-course assessment instrument under the
241- changes made by this Act to offset costs accrued by the agency in
242- establishing the pilot program required under Section 39.02305,
243- Education Code, as added by this Act.
244- SECTION 5. This Act takes effect immediately if it receives
213+ assess for purposes of qualification for promotion or graduation
214+ eighth grade students in social studies and students enrolled in a
215+ secondary-level United States history course.
216+ (t) This section expires September 1, 2025.
217+ SECTION 2. This Act takes effect immediately if it receives
245218 a vote of two-thirds of all the members elected to each house, as
246219 provided by Section 39, Article III, Texas Constitution. If this
247220 Act does not receive the vote necessary for immediate effect, this
248221 Act takes effect September 1, 2019.