By: Bernal H.B. No. 4242
A BILL TO BE ENTITLED
AN ACT
relating to the administration of state assessments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.023, Education Code, is amended by a
adding Subsection (a-14) and (q) and amending (a-11) and (e) to read
as follows:
(a-11) Before an assessment instrument adopted or developed
under Subsection (a) may be administered under that subsection, the
assessment instrument must, on the basis of empirical evidence, be
determined to be valid and reliable by an entity that is independent
of the agency and of any other entity that developed the assessment
instrument. To the extent practicable, each assessment must also
be evaluated by an independent group of qualified educators with
Texas teaching experience for readability within the grade level
assessed, and each assessment item of sufficient length must be
separately evaluated for readability within the grade level
assessed before being field-tested under subsection (d). A
determination of readability must consider available correlations
with other assessments commonly used by Texas school districts, and
shall be verified by an independent group of qualified educators
with Texas teaching experience. The commissioner shall hold a
public hearing before making a determination as to readability of
assessments and before any decision under this section.
(a-14) Each reading assessment instrument adopted or
developed under Subsection (a) shall be comprised of assessment
passages, items, or questions that are aligned with the essential
skills and knowledge established by the State Board of Education
under Section 39.021 for a course, subject, and grade level, and
that have been determined to be written at the independent reading
level based on multiple generally accepted reliable measures of
readability and as verified by an independent group of qualified
educators with Texas teaching experience.
(e) Under rules adopted by the State Board of Education,
every third year, the agency shall release the questions and answer
keys to each assessment instrument administered under Subsection
(a), (b), (c), (d), or (l), excluding any assessment instrument
administered to a student for the purpose of retaking the
assessment instrument, after the last time the instrument is
administered for that school year. To ensure a valid bank of
questions for use each year, the agency is not required to release a
question that is being field-tested and was not used to compute the
student's score on the instrument. The agency shall also release,
under board rule, each question that is no longer being
field-tested and that was not used to compute a student's score.
During the 2014-2015 and 2015-2016 school years, the agency shall
release the questions and answer keys to assessment instruments as
described by this subsection each year. At the time that the agency
releases the questions and answer keys for an assessment
instrument, the agency also shall release the measures of
readability for each question and reading passage as determined
under Subsection (a-14).
(q) The State Board of Education shall periodically review,
at least once each year, the assessment instruments adopted or
developed under Subsection (a) and the measures of readability
determined under Subsection (a-14). Any review of assessment
instruments and measures of readability that have not been released
under Subsection (e) may be conducted in closed session.
SECTION 2. Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.02302 to read as follows:
Sec. 39.02302. TRANSITION FOR READABILITY MEASURES. (a)
No later than November 1, 2019, the commissioner shall complete an
evaluation of readability within grade level for each assessment
required under Section 39.023(a) and administered during or
following the 2018-2019 and 2019-2020 school years and provide the
results of the evaluation to each legislative oversight committee
and the governor.
(b) State assessment performance labels and numeric values,
(including, but not limited to the following: approaches, meets,
and masters grade level), sanctions, interventions and SSI
promotion requirements shall not be applied to students, campuses
or districts based on the results of the 2018-2019 state
assessments unless:
(1) a district or campus moves from an unacceptable to
an acceptable rating; and
(2) allows a student to comply with a high school
graduation requirement based on successful performance on an
assessment.
(c) State assessment instruments shall not be administered
during the 2019-2020 or any later school year unless they meet the
readability standards in section 39.023(a-11) and (a-14). If an
assessment instrument does not meet the readability standards in
section 39.023 (a-11) and (a-14), the Commissioner shall request a
federal waiver, if needed, from the requirements of the Every
Student Succeeds Act (ESSA)(20 U.S.C. Section 6301 et seq.) to
comply with this section.
(d) To the extent a state assessment is not available that
meets the requirements of section 39.023(a-11) and (a-14) for the
2019-2020 school year, the commissioner shall:
(1) request a waiver as necessary to comply with this
section;
(2) except as provided by subsection (3), not assign a
state district or campus rating, impose any district or campus
sanction, or require any student promotion condition that is based
in whole or in part on an assessment not meeting the requirements of
section 39.023(a-11) and (a-14) unless expressly required by
federal law and is not waived; and
(3) assign a district or campus rating based in whole
or in part on an assessment not meeting the requirements of section
39.023(a-11) and (a-14) only to the extent a district or campus
moves from an unacceptable to an acceptable rating.
(e) Nothing in this section shall be construed to limit the
ability of a student to comply with a high school graduation
requirement based on successful performance on an assessment.
(f) This section expires September 1, 2021.
SECTION 3. Section 39.0241(a), Education Code, is amended
to read as follows:
(a) The commissioner shall determine the level of
performance considered to be satisfactory on the assessment
instruments., provided that satisfactory performance shall be
based on grade level expectations for a course or subject and shall
be consistent with other indicators of grade level performance,
including the measures of readability determined under Subsection
39.023(a-14).
SECTION 4. This Act applies beginning with the 2019-2020
school year.
SECTION 5. 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, 2019.