HB1095 - Relating to the use of interim testing and adaptive, growth-based assessment instruments for certain required assessments of public school students and prohibiting the use of the results of certain required assessments of public school students for certain purposes.

  89R3466 KJE-D     By: Shaheen H.B. No. 1095       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 and prohibiting the use of the results of certain   required assessments of public school students for certain   purposes.          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 39.0264 to read as follows:           Sec.   39.0264.     SCHOOL DISTRICT ADOPTION AND ADMINISTRATION   OF 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)     The commissioner shall apply to the United States   Department of Education for a waiver of the requirement under the   Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) to   administer the same assessment instruments to all public school   students.           (c)     If the United States Department of Education grants a   waiver described by Subsection (b), a school district may adopt or   develop assessment instruments in accordance with this section and   administer those assessment instruments in lieu of the assessment   instruments required under Section 39.023(a), (b), or (n) in each   subject and at each grade level for which an assessment instrument   is required to be administered under Section 39.023(a).           (d)     Each assessment instrument administered under this   section must be 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.           (e)     An assessment instrument administered under this   section in an electronic format must be an adaptive, growth-based   assessment instrument.           (f)     In adopting or developing assessment instruments under   this section, a school district may contract with a nonprofit   organization that specializes in developing adaptive, growth-based   assessment instruments.           (g)     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 (c), 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.           (h)     A reference in law to an assessment instrument adopted   or developed under Section 39.023(a), (b), or (n) includes an   assessment instrument adopted or developed and administered by a   school district in accordance with a waiver described by Subsection   (b) and this section.          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 administered under Section   39.0264 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 2026-2027   school year.          SECTION 5.  Not later than January 1, 2026, the commissioner   of education shall apply to the United States Department of   Education for a waiver of the requirement under the Every Student   Succeeds Act (20 U.S.C. Section 6301 et seq.) to administer the same   assessment instruments to all public school students.          SECTION 6.  This Act takes effect September 1, 2025.