87R4769 KJE-D
By: Shaheen H.B. No. 812
A BILL TO BE ENTITLED
AN ACT
relating to the use of interim testing and adaptive, growth-based
assessment instruments for certain required assessments of public
school students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter I, Chapter 21, Education Code, is
amended by adding Section 21.417 to read as follows:
Sec. 21.417. PROHIBITING USE OF CERTAIN ASSESSMENT
INSTRUMENTS AS SOLE CRITERION IN TEACHER EVALUATION OR
COMPENSATION. The results of an assessment instrument administered
under Section 39.023(a), (b), or (n) may not be used as the sole
criterion in evaluating teacher performance or determining teacher
compensation.
SECTION 2. Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.02342 to read as follows:
Sec. 39.02342. INTERIM TESTING AND ADAPTIVE, GROWTH-BASED
ASSESSMENT INSTRUMENTS. (a) In this section, "adaptive,
growth-based assessment instrument" means an assessment instrument
that:
(1) adjusts the level of difficulty for each student
during administration of the assessment instrument to match the
knowledge and ability demonstrated by the student on the assessment
instrument; and
(2) measures each student's academic progress over a
period of time, regardless of the student's age, grade level, or
performance in class.
(b) Beginning with the 2022-2023 school year, the agency
shall ensure that each assessment instrument adopted or developed
under Section 39.023(a), (b), or (n) is administered during the
school year through statewide interim assessments. The results of
the interim assessments for each subject shall be combined to
determine a single summative score on that assessment instrument
for each student in the manner established by commissioner rule.
(c) An assessment instrument adopted or developed under
Section 39.023(a), (b), or (n) that is administered in an
electronic format must be an adaptive, growth-based assessment
instrument.
(d) In complying with this section, the agency may contract
with a nonprofit organization that specializes in developing
adaptive, growth-based assessment instruments.
(e) The commissioner shall adopt rules as necessary to
implement this section, including rules:
(1) providing the number and timing of the
administration of the statewide interim assessments to be
administered to a student for each assessment instrument described
by Subsection (b), which must include at least:
(A) one interim assessment administered at the
beginning of the school year; and
(B) one interim assessment administered at the
end of the school year; and
(2) establishing the criteria necessary to ensure an
assessment instrument is an adaptive, growth-based assessment
instrument.
SECTION 3. Section 39.053, Education Code, is amended by
adding Subsection (c-4) to read as follows:
(c-4) For purposes of Subsection (c)(2)(A), a student's
improvement on an assessment instrument required under Section
39.023(a), (b), or (n) must be measured from the beginning of the
school year for which the district or campus is being evaluated to
the end of that school year.
SECTION 4. This Act applies beginning with the 2022-2023
school year.
SECTION 5. Not later than September 1, 2022, the Texas
Education Agency shall adopt or develop each assessment instrument
required under Section 39.023(a), (b), or (n), Education Code, in
accordance with Section 39.02342, Education Code, as added by this
Act. In adopting or developing each assessment instrument, the
agency may not use or consider an assessment instrument included in
the State of Texas Assessments of Academic Readiness (STAAR) or the
State of Texas Assessments of Academic Readiness Alternate (STAAR
Alternate).
SECTION 6. Not later than September 1, 2022, the
commissioner of education shall:
(1) ensure that the assessment instruments adopted or
developed under Section 39.023(a), (b), or (n), Education Code, in
accordance with Section 39.02342, Education Code, as added by this
Act, comply to the greatest extent practicable with the
requirements for academic assessments provided under the Every
Student Succeeds Act (20 U.S.C. Section 6311) and any other
applicable federal law or regulation and identify any of those laws
or regulations with which the assessment instruments cannot
reasonably comply; and
(2) request from the United States Department of
Education a waiver from the application of any conflicting federal
law or regulation identified under Subdivision (1) of this section
or a written notification that a waiver is not required.
SECTION 7. This Act takes effect September 1, 2021.