Texas 2019 - 86th Regular

Texas House Bill HB4242 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Bernal, Talarico, Lopez, Ramos, Raymond, H.B. No. 4242
2		-	et al.
	1	+	By: Bernal, Talarico, Lopez H.B. No. 4242
	2	+	Substitute the following for H.B. No. 4242:
	3	+	By: Bell of Kaufman C.S.H.B. No. 4242
3	4
4	5
5	6		A BILL TO BE ENTITLED
6	7		AN ACT
7	8		relating to the consideration of reading level in the adoption of
8	9		certain assessment instruments and associated student performance
9	10		levels and to the temporary suspension of accountability sanctions
10	11		for public schools.
11	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	13		SECTION 1. Section 39.023, Education Code, is amended by
13	14		adding Subsections (a-10), (a-14), (a-15), and (e-2) and amending
14	15		Subsection (a-11) to read as follows:
15	16		(a-10) Each assessment instrument adopted or developed
16	17		under Subsection (a) must:
17	18		(1) include only passages, questions, answers, and
18	19		other content aligned with the essential knowledge and skills
19	20		adopted by the State Board of Education for the applicable subject
20	21		for the grade level at which the assessment instrument will be
21	22		administered or for any previous grade level; and
22	23		(2) include only passages written at a reading level
23	24		not higher than the grade level at which the assessment instrument
24	25		will be administered.
25	26		(a-11) Before an assessment instrument adopted or developed
26	27		under Subsection (a) may be administered under that subsection, the
27	28		assessment instrument must, on the basis of empirical evidence, be
28	29		determined to be appropriate, valid, and reliable by an entity that
29	30		is independent of the agency and of any other entity that developed
30	31		the assessment instrument.
31	32		(a-14) The agency may not use a passage on an assessment
32	33		instrument administered under Subsection (a), unless the passage
33	34		has been individually evaluated to ensure the reading level of the
34	35		passage is appropriate for the grade level of the students to whom
35	36		the assessment instrument containing the passage will be
36	37		administered, provided that:
37	38		(1) the evaluation must be conducted by a committee
38	39		that:
39	40		(A) consists of not fewer than 10 educators
40	41		nominated by a regional education service center; and
41	42		(B) includes:
42	43		(i) at least one educator with a graduate
43	44		degree in reading or literacy;
44	45		(ii) at least one educator with a reading
45	46		specialist certification; and
46	47		(iii) at least one educator with current
47	48		experience teaching in this state at a grade level relevant to the
48	49		evaluation; and
49	50		(2) the committee established under Subdivision (1)
50	51		must, for purposes of the evaluation, consider:
51	52		(A) information from:
52	53		(i) not fewer than five nationally
53	54		recognized readability formulas; and
54	55		(ii) evidence-based readability evaluation
55	56		methods; and
56	57		(B) the reading level of other assessment
57	58		instruments commonly administered to students in each grade level.
58	59		(a-15) The agency shall annually submit a report to the
59	60		State Board of Education demonstrating compliance with Subsection
60	61		(a-10).
61	62		(e-2) A question with a related passage may not be
62	63		field-tested under Subsection (e) without its related passage first
63	64		being evaluated under Subsection (a-14). At the time the agency
64	65		releases assessment instrument questions and answer keys under
65	66		Subsection (e), the agency shall also release the reading level of
66	67		each passage as determined by the committee under Subsection
67	68		(a-14).
68	69		SECTION 2. Section 39.0241, Education Code, is amended by
69	70		adding Subsection (a-2) to read as follows:
70	71		(a-2) The commissioner shall base the levels of performance
71	72		under Subsections (a) and (a-1) on the grade level expectations and
72	73		standards for each subject or course.
73	74		SECTION 3. Subchapter Z, Chapter 39A, Education Code, is
74	75		amended by adding Section 39A.907 to read as follows:
75	76		Sec. 39A.907. ASSESSMENT INSTRUMENT STUDY; TEMPORARY
76	77		SUSPENSION OF SANCTIONS. (a) The commissioner shall contract for a
77	78		study to determine whether, for each applicable grade level, each
78	79		assessment instrument administered under Section 39.023(a) during
79	80		the 2018-2019 school year or scheduled to be administered during
80	81		the 2019-2020 school year is written at the appropriate reading
81	82		level for students in that grade level.
82	83		(b) In contracting for the study, the commissioner shall:
83	84		(1) use a competitive process to select an independent
84	85		entity to conduct the study that is not an entity that develops or
85	86		otherwise reviews assessment instruments under Chapter 39; and
86	87		(2) provide that The University of Texas at Austin,
87	88		Texas Tech University, and Texas A&M University must oversee the
88	89		design, completion, and evaluation of the study.
89	90		(c) Not later than December 1, 2019, the commissioner shall:
90	91		(1) submit a report to the legislature and the
91	92		presiding officer of each legislative standing committee with
92	93		jurisdiction over primary and secondary education that includes the
93	94		results of the study; and
94	95		(2) hold a public meeting with representatives of The
95	96		University of Texas at Austin, Texas Tech University, and Texas A&M
96	97		University to discuss and explain the results of the study.
97	98		(d) Notwithstanding any other law, student performance on
98	99		assessment instruments administered under Section 39.023(a) in the
99	100		2018-2019 school year may not be used as a factor in determining:
100	101		(1) whether to order the closure of a campus as
101	102		authorized under this chapter after the 2018-2019 school year; or
102	103		(2) whether a student, based on the student's
103	104		performance, advances to the next grade level under Section 28.021
104	105		or 28.0211 after the student completes the 2018-2019 school year.
105	106		(e) Notwithstanding any other law, if the report submitted
106	107		by the commissioner under Subsection (c) indicates that an
107	108		assessment instrument adopted under Section 39.023(a) scheduled to
108	109		be administered during the 2019-2020 school year was written at a
109	110		reading level above the grade level of the students to whom the
110	111		assessment instrument is scheduled to be administered, student
111	112		performance on assessment instruments identified under this
112	113		subsection and administered under Section 39.023(a) may not be used
113	114		as a factor in determining whether:
114	115		(1) interventions and sanctions under this chapter may
115	116		be applied to a school district or campus for an unacceptable
116	117		performance rating under Section 39.054 received for the 2019-2020
117	118		school year;
118	119		(2) to impose interventions or sanctions authorized by
119	120		this chapter after the 2019-2020 school year, including an
120	121		intervention or sanction authorized by Section 39A.101 or 39A.111;
121	122		or
122	123		(3) a student, based on the student's performance,
123	124		advances to the next grade level under Section 28.021 or 28.0211
124	125		after the student completes the 2019-2020 school year.
125	126		(f) This section expires September 1, 2023.
126	127		SECTION 4. This Act applies beginning with the 2019-2020
127	128		school year.
128	129		SECTION 5. This Act takes effect immediately if it receives
129	130		a vote of two-thirds of all the members elected to each house, as
130	131		provided by Section 39, Article III, Texas Constitution. If this
131	132		Act does not receive the vote necessary for immediate effect, this
132	133		Act takes effect September 1, 2019.