Texas 2023 - 88th Regular

Texas House Bill HB4402 Compare Versions

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1	1	By: Bell of Kaufman, Buckley, VanDeaver, H.B. No. 4402
2	2	Landgraf, Talarico, et al.
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the administration of certain assessment instruments,
8	8	the accountability rating system for assessing campus and district
9	9	performance, public school career and technology education
10	10	programs, and an extracurricular and cocurricular allotment under
11	11	the Foundation School Program.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 29.182(b), Education Code, is amended to
14	14	read as follows:
15	15	(b) The state plan must include procedures designed to
16	16	ensure that:
17	17	(1) all secondary and postsecondary students have the
18	18	opportunity to participate in career and technology education
19	19	programs;
20	20	(2) the state complies with requirements for
21	21	supplemental federal career and technology education funding;
22	22	(3) career and technology education is established as
23	23	a part of the total education system of this state and constitutes
24	24	an option for student learning that provides a rigorous course of
25	25	study consistent with the required curriculum under Section 28.002
26	26	and under which a student may receive specific education in a career
27	27	and technology program that:
28	28	(A) incorporates competencies leading to
29	29	academic and technical skill attainment;
30	30	(B) leads to:
31	31	(i) an industry-recognized license,
32	32	credential, or certificate; or
33	33	(ii) at the postsecondary level, an
34	34	associate or baccalaureate degree;
35	35	(C) includes opportunities for students to earn
36	36	college credit for coursework; and
37	37	(D) includes, as an integral part of the program,
38	38	participation by students and teachers in activities of career and
39	39	technical student organizations supported by the agency and the
40	40	State Board of Education; [and]
41	41	(4) a school district provides, to the greatest extent
42	42	possible, to a student participating in a career and technology
43	43	education program opportunities to enroll in dual credit courses
44	44	designed to lead to a degree, license, or certification as part of
45	45	the program; and
46	46	(5) courses of study in a Junior Reserve Officer
47	47	Training Corps program or Leadership Officer Training Corps program
48	48	are provided as part of a career and technology education program.
49	49	SECTION 2. Sections 39.023(e), (h), and (o), Education
50	50	Code, are amended to read as follows:
51	51	(e) Under rules adopted by the State Board of Education,
52	52	every [third] year, the agency shall release the questions and
53	53	answer keys to each assessment instrument administered under
54	54	Subsection (a), (b), (c), (d), or (l), excluding any assessment
55	55	instrument administered to a student for the purpose of retaking
56	56	the assessment instrument, after the last time the instrument is
57	57	administered for that school year. To ensure a valid bank of
58	58	questions for use each year, the agency is not required to release a
59	59	question that is being field-tested and was not used to compute the
60	60	student's score on the instrument. The agency shall also release,
61	61	under board rule, each question that is no longer being
62	62	field-tested and that was not used to compute a student's score.
63	63	[During the 2014-2015 and 2015-2016 school years, the agency shall
64	64	release the questions and answer keys to assessment instruments as
65	65	described by this subsection each year.]
66	66	(h) The agency shall notify school districts and campuses of
67	67	the results of assessment instruments administered under this
68	68	section not later than the 21st day after the last date on which the
69	69	assessment instrument may be [is] administered, except that the
70	70	agency may delay the notification if necessary to maintain validity
71	71	and reliability standards. The school district shall disclose to
72	72	each district teacher the results of assessment instruments
73	73	administered to students taught by the teacher in the subject for
74	74	the school year in which the assessment instrument is administered.
75	75	(o) The agency shall adopt or develop optional interim
76	76	assessment instruments for each subject or course for each grade
77	77	level for which a through-year assessment instrument under Section
78	78	39.0236 is not required [subject to assessment under this section].
79	79	A school district or open-enrollment charter school may not be
80	80	required to administer interim assessment instruments adopted or
81	81	developed under this subsection. An interim assessment instrument:
82	82	(1) must be:
83	83	(A) when possible, predictive of the assessment
84	84	instrument for the applicable subject or course for that grade
85	85	level required under this section; and
86	86	(B) administered electronically; and
87	87	(2) may not be used for accountability purposes.
88	88	SECTION 3. Subchapter B, Chapter 39, Education Code, is
89	89	amended by adding Section 39.02301 to read as follows:
90	90	Sec. 39.02301. OPTIONAL USE OF WRITING PORTFOLIO
91	91	ASSESSMENT. (a) A school district may elect to use a writing
92	92	portfolio assessment to assess writing performance for students
93	93	enrolled in the district as an alternative to administering the
94	94	portion of a reading assessment instrument under Section 39.023(a)
95	95	or English I or English II end-of-course assessment instrument
96	96	under Section 39.023(c) that is not presented in a multiple choice
97	97	format.
98	98	(b) A school district that elects to use a writing portfolio
99	99	assessment under this section shall design the assessment in
100	100	consultation with a public or private institution of higher
101	101	education and submit the assessment to the agency for approval. The
102	102	agency shall approve the assessment if the assessment is:
103	103	(1) determined by the public or private institution of
104	104	higher education that consulted on the design of the assessment to
105	105	be valid and reliable; and
106	106	(2) designed to assess:
107	107	(A) a student's mastery of the essential
108	108	knowledge and skills in writing through timed writing samples;
109	109	(B) improvement of a student's writing skills
110	110	from the beginning of the school year to the end of the school year;
111	111	(C) a student's ability to follow the writing
112	112	process from rough draft to final product; and
113	113	(D) a student's ability to produce more than one
114	114	type of writing style.
115	115	(c) A school district that elects to use a writing portfolio
116	116	assessment under this section may adopt a policy allowing the
117	117	assessment to be scored by a classroom teacher assigned to the same
118	118	campus as the student to whom the assessment is administered. The
119	119	district may coordinate with the regional education service center
120	120	for the district's region in grading the assessments.
121	121	(d) A school district that elects to use a writing portfolio
122	122	assessment under this section is not required to administer the
123	123	portion of a reading assessment instrument under Section 39.023(a)
124	124	or English I or English II end-of-course assessment instrument
125	125	under Section 39.023(c) that is not presented in a multiple choice
126	126	format during the period the district is administering the writing
127	127	portfolio assessment. The agency shall, to the greatest extent
128	128	practicable, apply cost savings that result from the exemption
129	129	under this subsection to offset the costs accrued under this
130	130	section.
131	131	(e) The commissioner shall adopt rules as necessary to
132	132	implement this section.
133	133	SECTION 4. Subchapter B, Chapter 39, Education Code, is
134	134	amended by adding Section 39.02342 to read as follows:
135	135	Sec. 39.02342. PAPER ADMINISTRATION OF ASSESSMENT
136	136	INSTRUMENTS ON REQUEST. (a) Subject to Subsection (c), a school
137	137	district shall administer an assessment instrument required under
138	138	Section 39.023(a), (c), or (l) in paper format to any student whose
139	139	parent or guardian requests the assessment instrument be
140	140	administered to the student in paper format.
141	141	(b) A request for the administration of an assessment
142	142	instrument in paper format to a student under this section must be
143	143	submitted to the school district not later than December 1 of the
144	144	school year in which the assessment instrument will be
145	145	administered.
146	146	(c) The number of students enrolled at a school district who
147	147	are administered an assessment instrument in paper format for any
148	148	single administration under this section may not exceed three
149	149	percent of the number of students enrolled in the district. On
150	150	receipt of more requests for administration of an assessment
151	151	instrument than the maximum number permitted under this subsection,
152	152	the district shall accept the requests in the order received until
153	153	the maximum number is reached.
154	154	SECTION 5. Section 39.0236, Education Code, is amended to
155	155	read as follows:
156	156	Sec. 39.0236. THROUGH-YEAR [INTEGRATED FORMATIVE]
157	157	ASSESSMENT [PILOT] PROGRAM. (a) Notwithstanding any other law and
158	158	except as otherwise provided by commissioner rule, beginning with
159	159	the 2027-2028 school year, the agency shall adopt or develop a
160	160	through-year assessment for each subject and grade for which an
161	161	assessment instrument is required under Section 39.023(a) or (c),
162	162	including a through-year assessment in Spanish for administration
163	163	to emergent bilingual students, as required under Section
164	164	39.023(l), for each subject and grade level for which an assessment
165	165	instrument in Spanish may be administered under that subsection. A
166	166	through-year assessment adopted or developed under this section
167	167	shall consist of the administration of not more than three
168	168	assessment instruments over the course of a school year [The agency
169	169	shall establish a pilot program in which participating school
170	170	districts administer to students integrated formative assessment
171	171	instruments for subjects or courses for a grade level subject to
172	172	assessment under Section 28.006 or 39.023].
173	173	(b) The agency shall develop and implement a plan to
174	174	transition each assessment instrument required under Sections
175	175	39.023(a), (c), and (l) to a through-year assessment instrument
176	176	beginning with the 2027-2028 school year. The plan must:
177	177	(1) evaluate the administration of through-year
178	178	assessment instruments in this state, including an analysis of
179	179	instructional support improvements provided by school districts
180	180	administering through-year assessment instruments; and
181	181	(2) identify the actions necessary to improve the
182	182	administration of through-year assessment instruments, including
183	183	necessary changes to state law or policy [A school district may
184	184	elect to participate in the pilot program].
185	185	(c) The agency may require a school district to:
186	186	(1) participate in a pilot program for the
187	187	administration of through-year assessment instruments to district
188	188	students; and
189	189	(2) report information to the agency regarding the
190	190	implementation of through-year assessment instruments under this
191	191	section [A school district's participation in the pilot program
192	192	does not affect the district's obligations regarding the
193	193	administration of assessment instruments required under Section
194	194	39.023].
195	195	(d) The score on a through-year assessment instrument
196	196	administered to a student in grades three through eight shall be
197	197	calculated as a summative score of each instrument administered
198	198	during the school year as part of the through-year assessment. The
199	199	commissioner shall adopt rules regarding the relative weights that
200	200	must be given to each individual assessment instrument administered
201	201	as part of the through-year assessment [Not later than December 1 of
202	202	each even-numbered year, the agency shall submit to the governor,
203	203	the lieutenant governor, and the members of the legislature a
204	204	report on the pilot program that includes:
205	205	[(1) an analysis of whether the administration of
206	206	integrated formative assessment instruments under the pilot
207	207	program provided any improvement in instructional support during
208	208	the preceding two school years; and
209	209	[(2) a determination of the feasibility of replacing
210	210	the assessment instruments required under Section 39.023 with
211	211	integrated formative assessment instruments].
212	212	SECTION 6. Section 39.0263, Education Code, is amended by
213	213	adding Subsection (e) to read as follows:
214	214	(e) This section expires September 1, 2027.
215	215	SECTION 7. Section 39.053, Education Code, is amended by
216	216	amending Subsections (c) and (c-2) and adding Subsections (c-4) and
217	217	(c-5) to read as follows:
218	218	(c) School districts and campuses must be evaluated based on
219	219	three domains of indicators of achievement adopted under this
220	220	section that include:
221	221	(1) in the student achievement domain, indicators of
222	222	student achievement that must include:
223	223	(A) for evaluating the performance of districts
224	224	and campuses generally:
225	225	(i) an indicator that accounts for the
226	226	results of assessment instruments required under Sections
227	227	39.023(a), (c), and (l), as applicable for the district and campus,
228	228	[including the results of assessment instruments required for
229	229	graduation retaken by a student,] aggregated across grade levels by
230	230	subject area, including:
231	231	(a) for the performance standard
232	232	determined by the commissioner under Section 39.0241(a), the
233	233	percentage of students who performed satisfactorily on the
234	234	assessment instruments, aggregated across grade levels by subject
235	235	area; and
236	236	(b) for the college readiness
237	237	performance standard as determined under Section 39.0241, the
238	238	percentage of students who performed satisfactorily on the
239	239	assessment instruments, aggregated across grade levels by subject
240	240	area; [and]
241	241	(ii) an indicator that accounts for the
242	242	results of assessment instruments required under Section
243	243	39.023(b), as applicable for the district and campus, including the
244	244	percentage of students who performed satisfactorily on the
245	245	assessment instruments, as determined by the performance standard
246	246	adopted by the agency, aggregated across grade levels by subject
247	247	area;
248	248	(iii) an indicator that accounts for
249	249	extracurricular and cocurricular student success in accordance
250	250	with Section 39.0533;
251	251	(iv) an indicator that accounts for
252	252	successful completion of middle school career and technology
253	253	education courses; and
254	254	(v) an indicator that accounts for middle
255	255	school student success in accelerated mathematics; and
256	256	(B) for evaluating the performance of high school
257	257	campuses and districts that include high school campuses,
258	258	indicators that account for:
259	259	(i) students who satisfy the Texas Success
260	260	Initiative (TSI) college readiness benchmarks prescribed by the
261	261	Texas Higher Education Coordinating Board under Section 51.334 on
262	262	an assessment instrument in reading or mathematics designated by
263	263	the coordinating board under that section;
264	264	(ii) students who satisfy relevant
265	265	performance standards on advanced placement tests or similar
266	266	assessments;
267	267	(iii) students who earn dual course credits
268	268	in the dual credit courses;
269	269	(iv) students who demonstrate military
270	270	readiness by:
271	271	(a) enlisting [enlist] in the armed
272	272	forces of the United States or the Texas National Guard;
273	273	(b) achieving a passing score set by
274	274	the applicable military branch on the Armed Services Vocational
275	275	Aptitude Battery test; or
276	276	(c) successfully completing a Junior
277	277	Reserve Officer Training Corps program;
278	278	(v) students who earn industry
279	279	certifications;
280	280	(vi) students admitted into postsecondary
281	281	industry certification programs that require as a prerequisite for
282	282	entrance successful performance at the secondary level;
283	283	(vii) students whose successful completion
284	284	of a course or courses under Section 28.014 indicates the student's
285	285	preparation to enroll and succeed, without remediation, in an
286	286	entry-level general education course for a baccalaureate degree or
287	287	associate degree;
288	288	(viii) students who successfully met
289	289	standards on a composite of indicators that through research
290	290	indicates the student's preparation to enroll and succeed, without
291	291	remediation, in an entry-level general education course for a
292	292	baccalaureate degree or associate degree;
293	293	(ix) high school graduation rates, computed
294	294	in accordance with standards and definitions adopted in compliance
295	295	with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.)
296	296	subject to the exclusions provided by Subsections (g), (g-1),
297	297	(g-2), (g-3), and (g-4);
298	298	(x) students who successfully completed an
299	299	OnRamps dual enrollment course;
300	300	(xi) students who successfully completed a
301	301	practicum or internship approved by the State Board of Education;
302	302	(xii) students who are awarded an associate
303	303	degree; and
304	304	(xiii) students who successfully completed
305	305	a program of study in career and technical education;
306	306	(2) in the school progress domain, indicators for
307	307	effectiveness in promoting student learning, which must include:
308	308	(A) for assessment instruments, including
309	309	assessment instruments under Subdivisions (1)(A)(i) and (ii), the
310	310	percentage of students who met the standard for improvement, as
311	311	determined by the commissioner; and
312	312	(B) for evaluating relative performance, the
313	313	performance of districts and campuses compared to similar districts
314	314	or campuses; and
315	315	(3) in the closing the gaps domain, the use of
316	316	disaggregated data to demonstrate the differentials among students
317	317	from different racial and ethnic groups and [,] socioeconomic
318	318	backgrounds[, and other factors, including:
319	319	[(A) students formerly receiving special
320	320	education services;
321	321	[(B) students continuously enrolled; and
322	322	[(C) students who are mobile].
323	323	(c-2) The commissioner by rule shall determine a method by
324	324	which a student's performance may be included in determining the
325	325	performance rating of a school district or campus under Section
326	326	39.054 if, before the student graduates, the student[:
327	327	[(1)] satisfies the Texas Success Initiative (TSI)
328	328	college readiness benchmarks prescribed by the Texas Higher
329	329	Education Coordinating Board under Section 51.334 on an assessment
330	330	instrument designated by the coordinating board under that section
331	331	[; or
332	332	[(2) performs satisfactorily on an assessment
333	333	instrument under Section 39.023(c), notwithstanding Subsection (d)
334	334	of this section].
335	335	(c-4) Notwithstanding any other provision of this section,
336	336	an indicator adopted under Subsection (c) may not be included in
337	337	determining the performance rating of a school district or campus
338	338	under Section 39.054 unless it has been determined to be valid and
339	339	reliable by the commissioner and through a peer review process.
340	340	(c-5) Beginning with the 2027-2028 school year, in
341	341	calculating the performance of a campus providing instruction in
342	342	grades three through eight in the student achievement domain under
343	343	Subsection (c)(1):
344	344	(1) indicators adopted under Subsections (c)(1)(A)(i)
345	345	and (ii) may not collectively contribute more than 80 percent of the
346	346	score assigned to the campus; and
347	347	(2) indicators adopted under Subsections
348	348	(c)(1)(A)(iii), (iv), and (v) may not collectively contribute more
349	349	than 20 percent of the score assigned to the campus.
350	350	SECTION 8. Sections 39.0533(a), (b), and (c), Education
351	351	Code, are amended to read as follows:
352	352	(a) Beginning with the 2027-2028 school year, the [The]
353	353	commissioner shall [study the feasibility of incorporating] adopt
354	354	for evaluating school district and campus performance under this
355	355	subchapter an indicator that accounts for student participation in
356	356	extracurricular and cocurricular activities as provided by Section
357	357	39.053(c)(1)(A)(iii) [student activity].
358	358	(b) In adopting an indicator under Subsection (a), the
359	359	commissioner may [If the commissioner determines that an
360	360	extracurricular and cocurricular student activity indicator is
361	361	appropriate, the commissioner may adopt the indicator.
362	362	[(b) To determine the feasibility of adopting an indicator
363	363	under this section, the commissioner may] require a school district
364	364	or campus to:
365	365	(1) participate in a pilot program implementing an
366	366	indicator under Subsection (a); or
367	367	(2) implement components of and report requested
368	368	information necessary to develop and implement an indicator under
369	369	Subsection (a) [relating to extracurricular and cocurricular
370	370	student activity].
371	371	(c) The commissioner shall [may] establish an advisory
372	372	committee to assist in developing and [determining the feasibility
373	373	of] incorporating the [an extracurricular and cocurricular student
374	374	activity] indicator under Subsection (a) [for evaluating school
375	375	district and campus performance].
376	376	SECTION 9. Section 39.054, Education Code, is amended by
377	377	adding Subsection (f) to read as follows:
378	378	(f) Notwithstanding any other law or regulation, for
379	379	purposes of assigning school districts and campuses overall and
380	380	domain performance ratings under Subsection (a) for the 2022-2023
381	381	and 2023-2024 school years, the commissioner shall set the rating
382	382	standards for the college, career, and military readiness
383	383	indicators under Section 39.053(c)(1)(B) using the specific
384	384	criteria and calculations for 2022 described by 19 T.A.C. Section
385	385	97.1001(b) as that rule existed on January 1, 2023, including cut
386	386	scores, scaling, and targets. If the commissioner determines that a
387	387	waiver or authorization from the United States Department of
388	388	Education is necessary for the implementation of this subsection,
389	389	the commissioner shall request the waiver or authorization and may
390	390	delay the implementation of this subsection until the waiver or
391	391	authorization is granted. This subsection expires December 1, 2024.
392	392	SECTION 10. Subchapter C, Chapter 39, Education Code, is
393	393	amended by adding Section 39.0547 to read as follows:
394	394	Sec. 39.0547. LOCAL ACCOUNTABILITY SYSTEM GRANT PROGRAM.
395	395	From money appropriated for that purpose, the agency shall provide
396	396	grants to school districts and open-enrollment charter schools for
397	397	the planning and implementation of local accountability systems
398	398	under Section 39.0544.
399	399	SECTION 11. Subchapter C, Chapter 48, Education Code, is
400	400	amended by adding Section 48.116 to read as follows:
401	401	Sec. 48.116. EXTRACURRICULAR AND COCURRICULAR ALLOTMENT. A
402	402	school district is entitled to an annual allotment for each student
403	403	in average daily attendance equal to the basic allotment, or, if
404	404	applicable, the sum of the basic allotment and the allotment under
405	405	Section 48.101 to which the district is entitled, multiplied by
406	406	.003.
407	407	SECTION 12. Sections 39.023(g) and 39.0533(d) and (e),
408	408	Education Code, are repealed.
409	409	SECTION 13. (a) Except as provided by Subsection (b) of
410	410	this section, this Act applies beginning with the 2023-2024 school
411	411	year.
412	412	(b) The expiration of Section 39.0263, Education Code,
413	413	applies with respect to the statewide assessment program under
414	414	Chapter 39 of that code, beginning with the 2027-2028 school year.
415	415	SECTION 14. (a) Except as provided by Subsection (b) of
416	416	this section, this Act takes effect immediately if it receives a
417	417	vote of two-thirds of all the members elected to each house, as
418	418	provided by Section 39, Article III, Texas Constitution. If this
419	419	Act does not receive the vote necessary for immediate effect, this
420	420	Act takes effect September 1, 2023.
421	421	(b) Section 48.116, Education Code, as added by this Act,
422	422	takes effect September 1, 2023.