By: Bernal, Talarico, Lopez, Ramos, Raymond, H.B. No. 4242
et al.
A BILL TO BE ENTITLED
AN ACT
relating to the consideration of reading level in the adoption of
certain assessment instruments and associated student performance
levels and to the temporary suspension of accountability sanctions
for public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.023, Education Code, is amended by
adding Subsections (a-10), (a-14), (a-15), and (e-2) and amending
Subsection (a-11) to read as follows:
(a-10) Each assessment instrument adopted or developed
under Subsection (a) must:
(1) include only passages, questions, answers, and
other content aligned with the essential knowledge and skills
adopted by the State Board of Education for the applicable subject
for the grade level at which the assessment instrument will be
administered or for any previous grade level; and
(2) include only passages written at a reading level
not higher than the grade level at which the assessment instrument
will be administered.
(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 appropriate, valid, and reliable by an entity that
is independent of the agency and of any other entity that developed
the assessment instrument.
(a-14) The agency may not use a passage on an assessment
instrument administered under Subsection (a), unless the passage
has been individually evaluated to ensure the reading level of the
passage is appropriate for the grade level of the students to whom
the assessment instrument containing the passage will be
administered, provided that:
(1) the evaluation must be conducted by a committee
that:
(A) consists of not fewer than 10 educators
nominated by a regional education service center; and
(B) includes:
(i) at least one educator with a graduate
degree in reading or literacy;
(ii) at least one educator with a reading
specialist certification; and
(iii) at least one educator with current
experience teaching in this state at a grade level relevant to the
evaluation; and
(2) the committee established under Subdivision (1)
must, for purposes of the evaluation, consider:
(A) information from:
(i) not fewer than five nationally
recognized readability formulas; and
(ii) evidence-based readability evaluation
methods; and
(B) the reading level of other assessment
instruments commonly administered to students in each grade level.
(a-15) The agency shall annually submit a report to the
State Board of Education demonstrating compliance with Subsection
(a-10).
(e-2) A question with a related passage may not be
field-tested under Subsection (e) without its related passage first
being evaluated under Subsection (a-14). At the time the agency
releases assessment instrument questions and answer keys under
Subsection (e), the agency shall also release the reading level of
each passage as determined by the committee under Subsection
(a-14).
SECTION 2. Section 39.0241, Education Code, is amended by
adding Subsection (a-2) to read as follows:
(a-2) The commissioner shall base the levels of performance
under Subsections (a) and (a-1) on the grade level expectations and
standards for each subject or course.
SECTION 3. Subchapter Z, Chapter 39A, Education Code, is
amended by adding Section 39A.907 to read as follows:
Sec. 39A.907. ASSESSMENT INSTRUMENT STUDY; TEMPORARY
SUSPENSION OF SANCTIONS. (a) The commissioner shall contract for a
study to determine whether, for each applicable grade level, each
assessment instrument administered under Section 39.023(a) during
the 2018-2019 school year or scheduled to be administered during
the 2019-2020 school year is written at the appropriate reading
level for students in that grade level.
(b) In contracting for the study, the commissioner shall:
(1) use a competitive process to select an independent
entity to conduct the study that is not an entity that develops or
otherwise reviews assessment instruments under Chapter 39; and
(2) provide that The University of Texas at Austin,
Texas Tech University, and Texas A&M University must oversee the
design, completion, and evaluation of the study.
(c) Not later than December 1, 2019, the commissioner shall:
(1) submit a report to the legislature and the
presiding officer of each legislative standing committee with
jurisdiction over primary and secondary education that includes the
results of the study; and
(2) hold a public meeting with representatives of The
University of Texas at Austin, Texas Tech University, and Texas A&M
University to discuss and explain the results of the study.
(d) Notwithstanding any other law, student performance on
assessment instruments administered under Section 39.023(a) in the
2018-2019 school year may not be used as a factor in determining:
(1) whether to order the closure of a campus as
authorized under this chapter after the 2018-2019 school year; or
(2) whether a student, based on the student's
performance, advances to the next grade level under Section 28.021
or 28.0211 after the student completes the 2018-2019 school year.
(e) Notwithstanding any other law, if the report submitted
by the commissioner under Subsection (c) indicates that an
assessment instrument adopted under Section 39.023(a) scheduled to
be administered during the 2019-2020 school year was written at a
reading level above the grade level of the students to whom the
assessment instrument is scheduled to be administered, student
performance on assessment instruments identified under this
subsection and administered under Section 39.023(a) may not be used
as a factor in determining whether:
(1) interventions and sanctions under this chapter may
be applied to a school district or campus for an unacceptable
performance rating under Section 39.054 received for the 2019-2020
school year;
(2) to impose interventions or sanctions authorized by
this chapter after the 2019-2020 school year, including an
intervention or sanction authorized by Section 39A.101 or 39A.111;
or
(3) a student, based on the student's performance,
advances to the next grade level under Section 28.021 or 28.0211
after the student completes the 2019-2020 school year.
(f) This section expires September 1, 2023.
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.