Texas 2023 - 88th 3rd C.S.

Texas House Bill HB21 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88S30181 CXP-D
2	2	By: Shaheen H.B. No. 21
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of interim testing and adaptive, growth-based
8	8	assessment instruments for certain required assessments of public
9	9	school students and prohibiting the use of the results of certain
10	10	required assessments of public school students for certain
11	11	purposes.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter I, Chapter 21, Education Code, is
14	14	amended by adding Section 21.416 to read as follows:
15	15	Sec. 21.416. PROHIBITING USE OF CERTAIN ASSESSMENT
16	16	INSTRUMENTS AS SOLE CRITERION IN TEACHER EVALUATION OR
17	17	COMPENSATION. The results of an assessment instrument administered
18	18	under Section 39.023(a), (b), or (n) may not be used as the sole
19	19	criterion in evaluating teacher performance or determining teacher
20	20	compensation.
21	21	SECTION 2. Subchapter B, Chapter 39, Education Code, is
22	22	amended by adding Section 39.0264 to read as follows:
23	23	Sec. 39.0264. SCHOOL DISTRICT ADOPTION AND ADMINISTRATION
24	24	OF INTERIM TESTING AND ADAPTIVE, GROWTH-BASED ASSESSMENT
25	25	INSTRUMENTS. (a) In this section, "adaptive, growth-based
26	26	assessment instrument" means an assessment instrument that:
27	27	(1) adjusts the level of difficulty for each student
28	28	during administration of the assessment instrument to match the
29	29	knowledge and ability demonstrated by the student on the assessment
30	30	instrument; and
31	31	(2) measures each student's academic progress over a
32	32	period of time, regardless of the student's age, grade level, or
33	33	performance in class.
34	34	(b) The commissioner shall apply to the United States
35	35	Department of Education for a waiver of the requirement under the
36	36	Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) to
37	37	administer the same assessment instruments to all public school
38	38	students.
39	39	(c) If the United States Department of Education grants a
40	40	waiver described by Subsection (b), a school district may adopt or
41	41	develop assessment instruments in accordance with this section and
42	42	administer those assessment instruments in lieu of the assessment
43	43	instruments required under Section 39.023(a), (b), or (n) in each
44	44	subject and at each grade level for which an assessment instrument
45	45	is required to be administered under Section 39.023(a).
46	46	(d) Each assessment instrument administered under this
47	47	section must be administered during the school year through
48	48	statewide interim assessments. The results of the interim
49	49	assessments for each subject shall be combined to determine a
50	50	single summative score on that assessment instrument for each
51	51	student in the manner established by commissioner rule.
52	52	(e) An assessment instrument administered under this
53	53	section in an electronic format must be an adaptive, growth-based
54	54	assessment instrument.
55	55	(f) In adopting or developing assessment instruments under
56	56	this section, a school district may contract with a nonprofit
57	57	organization that specializes in developing adaptive, growth-based
58	58	assessment instruments.
59	59	(g) The commissioner shall adopt rules as necessary to
60	60	implement this section, including rules:
61	61	(1) providing the number and timing of the
62	62	administration of the statewide interim assessments to be
63	63	administered to a student for each assessment instrument described
64	64	by Subsection (c), which must include at least:
65	65	(A) one interim assessment administered at the
66	66	beginning of the school year; and
67	67	(B) one interim assessment administered at the
68	68	end of the school year; and
69	69	(2) establishing the criteria necessary to ensure an
70	70	assessment instrument is an adaptive, growth-based assessment
71	71	instrument.
72	72	(h) A reference in law to an assessment instrument adopted
73	73	or developed under Section 39.023(a), (b), or (n) includes an
74	74	assessment instrument adopted or developed and administered by a
75	75	school district in accordance with a waiver described by Subsection
76	76	(b) and this section.
77	77	SECTION 3. Section 39.053, Education Code, is amended by
78	78	adding Subsection (c-4) to read as follows:
79	79	(c-4) For purposes of Subsection (c)(2)(A), a student's
80	80	improvement on an assessment instrument administered under Section
81	81	39.0264 must be measured from the beginning of the school year for
82	82	which the district or campus is being evaluated to the end of that
83	83	school year.
84	84	SECTION 4. This Act applies beginning with the 2024-2025
85	85	school year.
86	86	SECTION 5. Not later than May 1, 2024, the commissioner of
87	87	education shall apply to the United States Department of Education
88	88	for a waiver of the requirement under the Every Student Succeeds Act
89	89	(20 U.S.C. Section 6301 et seq.) to administer the same assessment
90	90	instruments to all public school students.
91	91	SECTION 6. This Act takes effect on the 91st day after the
92	92	last day of the legislative session.