HB1118 - Relating to the creation of a Texas Commission on Assessment and Accountability.

  89R3104 ANG-F     By: VanDeaver H.B. No. 1118       A BILL TO BE ENTITLED   AN ACT   relating to the creation of a Texas Commission on Assessment and   Accountability.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 39A, Education Code, is amended by   adding Subchapter H to read as follows:   SUBCHAPTER H. TEXAS COMMISSION ON ASSESSMENT AND ACCOUNTABILITY           Sec.   39A.351.     DEFINITION. In this subchapter, "commission"   means the Texas Commission on Assessment and Accountability.           Sec.   39A.352.     TEXAS COMMISSION ON ASSESSMENT AND   ACCOUNTABILITY. (a) The commission is established to develop and   make recommendations for improvements to the current public school   assessment and accountability systems.           (b)  The commission is composed of 19 members, consisting of:                 (1)  four members appointed by the governor;                 (2)     seven members appointed by the lieutenant   governor;                 (3)     seven members appointed by the speaker of the   house of representatives; and                 (4)     a member of the State Board of Education, as   designated by the chair of that board.           (c)     The members appointed by the governor must have an   interest in public education and include at least:                 (1)  one person who is a current classroom teacher:                       (A)     in a grade and subject for which an   assessment instrument required under Section 39.023 is   administered; and                       (B)     with at least 10 years of teaching experience   at a school that receives federal funding under Title I, Elementary   and Secondary Education Act of 1965 (20 U.S.C. Section 6301 et   seq.);                 (2)     one person who is a member of the business   community; and                 (3)  one person who is a member of the civic community.           (d)     The appointments made by the lieutenant governor and the   speaker of the house of representatives must each consist of:                 (1)     three members of the applicable legislative   chamber;                   (2)  a superintendent in the public school system;                   (3)     an elected member of the board of trustees of a   school district;                 (4)     a parent of a student in the public school system;   and                 (5)     a public school district staff member who serves   on the Texas Accountability Advisory Group established by rule.           (e)     In making appointments under Subsections (b)(1), (2),   and (3), the governor, lieutenant governor, and speaker of the   house of representatives shall coordinate to ensure that the   membership of the commission reflects, to the extent possible, the   ethnic and geographic diversity of this state.           Sec.   39A.353.     PRESIDING OFFICER AND MEMBERS. (a) The   governor shall designate the presiding officer of the commission.           (b)     A commission member may not be an employee, contractor,   consultant, or vendor of the agency or a regional education service   center.           Sec.   39A.354.     COMPENSATION AND REIMBURSEMENT. A member of   the commission is not entitled to compensation for service on the   commission but is entitled to reimbursement for actual and   necessary expenses incurred in performing commission duties.           Sec.   39A.355.     ADMINISTRATIVE SUPPORT AND FUNDING. (a) The   agency shall provide administrative support for the commission.   The agency, with assistance as necessary from the Texas Higher   Education Coordinating Board, shall provide data and analysis as   requested by the commission, including data available in the   education research centers established under Section 1.005.           (b)     Funding for the administrative and operational expenses   of the commission shall be provided by legislative appropriation   made to the agency for that purpose.           Sec.   39A.356.     RECOMMENDATIONS. (a) The commission shall   develop recommendations under this subchapter to address issues   related to the public school statewide assessment system,   including:                 (1)     test construction and administration methods that   ensure validity, readability, and fairness for all students;                 (2)     assessment options to inform instruction   throughout the school year;                 (3)     any disproportionate impact of assessments on   students receiving each tier of the compensatory education   allotment and other special populations, and appropriate policy   responses;                   (4)     the costs and instructional time devoted to the   administration of state-required assessment instruments, and   options for minimizing those costs and that time by combining   assessments and classroom instruction; and                 (5)     privacy, security, and confidentiality protocols   regarding the personal information of a student receiving online   instruction or assessment.           (b)     The commission shall develop recommendations under this   subchapter to address issues related to the public school academic   accountability rating system, including:                 (1)     characteristics of and measures used by effective   schools beyond state-required assessment instruments and ways to   incorporate those characteristics and measures into a fairer   accountability system;                 (2)     the correlation of accountability results with   special student populations, including educationally disadvantaged   students and students who are not educationally disadvantaged, for   each domain rating and overall rating, and the effect of enrollment   in open-enrollment charter schools and magnet or other voluntary   programs on the composition of student populations of district   campuses and the application of accountability measures; and                 (3)     the appropriateness and effectiveness of current   district and campus sanctions and any correlation between sanctions   imposed and campuses or districts serving particular student   populations.           (c)     The commission shall include and consider   recommendations made by the existing Texas Accountability Advisory   Group established by rule.           (d)     The commission may establish one or more working groups   composed of not more than five members of the commission to study,   discuss, and address specific policy issues and recommendations to   refer to the commission for consideration.           Sec.   39A.357.     REPORT. Not later than December 31, 2026, the   commission shall prepare and deliver a report to the governor and   the legislature that recommends statutory changes to improve the   public school assessment and accountability systems.           Sec.   39A.358.     PUBLIC MEETINGS AND PUBLIC INFORMATION. (a)   The commission may hold public meetings as needed to fulfill its   duties under this subchapter.           (b)     The commission is subject to Chapters 551 and 552,   Government Code.          SECTION 2.  Notwithstanding any other law, the commissioner   of education may not assign A through F ratings to an independent   school district or district campus under Chapter 39, Education   Code, following the 2024-2025 school year. Sanctions in effect   under Chapter 39A, Education Code, continue in effect after the   effective date of this Act but may not be increased, and additional   sanctions may not be imposed.          SECTION 3.  For purposes of a sanction imposed by the   commissioner of education on an independent school district or a   district campus under Chapter 39A, Education Code, based on   multi-year performance measures, the 2024-2025 school year may not   be considered but does not interrupt a series of measures   continuing in effect from the 2023-2024 school year.          SECTION 4.  Nothing in this Act prohibits the commissioner   of education from reducing or suspending an existing sanction based   on meeting performance standards adopted by rule or under Section   11.174, Education Code.          SECTION 5.  (a) The commissioner of education shall apply to   the federal government for appropriate waivers or amendments to the   application of federal law as necessary to allow implementation of   this Act.          (b)  The commissioner of education may take appropriate   measures to assess students and evaluate academic performance   following the 2024-2025 school year only to the extent required by   federal law.          SECTION 6.  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, 2025.