HB3796 - Relating to public school accountability, including the administration of assessment instruments in public schools, the assignment of public school campus performance ratings, and the creation of the Texas Commission on Public School Assessment and Accountability.

  89R10490 MEW-F     By: Frank H.B. No. 3796       A BILL TO BE ENTITLED   AN ACT   relating to public school accountability, including the   administration of assessment instruments in public schools, the   assignment of public school campus performance ratings, and the   creation of the Texas Commission on Public School Assessment and   Accountability.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 11.185(b), Education Code, is amended to   read as follows:          (b)  Each plan adopted under Subsection (a) must:                (1)  identify annual goals for students in each group   evaluated under the academic [ closing the gaps ] domain under   Section 39.053(c)(1)(C) [ 39.053(c)(3) ];                (2)  include annual goals for aggregate student growth   on the third grade reading or mathematics assessment instrument, as   applicable, administered under Section 39.023 or on an alternative   assessment instrument determined by the board of trustees;                (3)  provide for targeted professional development for   classroom teachers in kindergarten or first, second, or third grade   who are assigned to campuses that the board of trustees identifies   as not meeting the plan's goals;                (4)  assign at least one district-level administrator   or employee of the regional education service center for the   district's region to:                      (A)  coordinate implementation of the plan; and                      (B)  submit an annual report to the board of   trustees on the district's progress toward the goals set under the   plan; and                (5)  be reviewed annually by the board of trustees at a   public meeting.          SECTION 2.  Section 11.186(b), Education Code, is amended to   read as follows:          (b)  Each plan adopted under Subsection (a) must:                (1)  identify annual goals for students in each group   evaluated under the academic [ closing the gaps ] domain under   Section 39.053(c)(1)(C) [ 39.053(c)(3) ];                (2)  include annual goals for aggregate student growth   on [ college, career, and military readiness ] indicators evaluated   under the college, career, and military readiness [ student   achievement ] domain under Section 39.053(c)(2) [ 39.053(c)(1) ];                (3)  assign at least one district-level administrator   or employee of the regional education service center for the   district's region to:                      (A)  coordinate implementation of the plan; and                      (B)  submit an annual report to the board of   trustees on the district's progress toward the goals set under the   plan; and                (4)  be reviewed annually by the board of trustees at a   public meeting.          SECTION 3.  Section 28.0211(a-8), Education Code, is amended   to read as follows:          (a-8)  A school district may not be required to provide   supplemental instruction under Subsection (a-1)(2) to a student in   more than two subject areas per school year.  If the district would   otherwise be required to provide supplemental instruction to a   student in more than two subject areas for a school year, the   district shall prioritize providing supplemental instruction to   the student in mathematics and reading[ , or Algebra I, English I, or   English II, as applicable, ] for that school year.          SECTION 4.  Section 29.190(a), Education Code, is amended to   read as follows:          (a)  A student is entitled to a subsidy under this section   if:                (1)  the student:                      (A)  successfully completes the career and   technology program of a school district in which the student   receives training and instruction for employment; or                      (B)  is enrolled in a special education program   under Subchapter A; and                (2)  the student passes a certification examination to   qualify for a license or certificate that is an industry   certification for purposes of Section 39.053(c)(2)(E)   [ 39.053(c)(1)(B)(v) ], administered while the student is enrolled   in a school district.          SECTION 5.  Subchapter A, Chapter 39, Education Code, is   amended by adding Section 39.009 to read as follows:           Sec.   39.009.     REFERENCE TO SCHOOL DISTRICT PERFORMANCE   RATING. A reference in law to the performance rating of a school   district means the average of the performance ratings assigned to   each of the district's campuses under Section 39.054 for the   applicable school year.          SECTION 6.  Section 39.023, Education Code, is amended by   amending Subsections (a), (c), and (c-2) and adding Subsections   (a-5), (q), and (r) to read as follows:          (a)  The agency shall adopt or develop appropriate   criterion-referenced assessment instruments designed to assess   essential knowledge and skills in reading, mathematics, [ social   studies, ] and science. Except as provided by Subsection (a-2), all   students, other than students assessed under Subsection (b) or (l)   or exempted under Section 39.027, shall be assessed in:                (1)  mathematics, annually in grades three through   eight;                (2)  reading, annually in grades three through eight;                (3)  [ social studies, in grade eight;                [ (4) ]  science, in grades five and eight; and                 (4)  [ (5) ]  any other subject and grade required by   federal law.           (a-5)     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.   If the United States Department of Education grants a   waiver described by this subsection, an assessment instrument   adopted or developed under Subsection (a) must:                 (1)     provide for the assessment of a student at the   beginning, middle, and end of a school year, with the results of   each assessment providing:                       (A)     for the assessment administered at the   beginning and middle of the school year, growth projections for the   student; and                       (B)     for the assessment administered at the end of   the school year, an end-of-year growth analysis for the student;                 (2)     be adaptive to each student such that the   assessment instrument appropriately measures each student's   performance and growth;                 (3)     not later than 48 hours after the administration   of an assessment, provide detailed diagnostic reports of a   student's results that include recommendations for teachers   regarding practical interventions for low-performing students; and                 (4)     provide cumulative data regarding assessment   results for each campus of a school district.          (c)  The agency shall also adopt end-of-course assessment   instruments for secondary-level courses in reading, mathematics,   and science only as necessary to comply with the Every Student   Succeeds Act (20 U.S.C. Section 6301 et seq.) to be administered   only as necessary to meet the minimum requirements of that Act   [ Algebra I, biology, English I, English II, and United States   history.     The Algebra I end-of-course assessment instrument must   be administered with the aid of technology, but may include one or   more parts that prohibit the use of technology.     The English I and   English II end-of-course assessment instruments must each assess   essential knowledge and skills in both reading and writing and must   provide a single score ].  A school district shall comply with State   Board of Education rules regarding administration of the assessment   instruments adopted under [ listed in ] this subsection.  If a   student is in a special education program under Subchapter A,   Chapter 29, the student's admission, review, and dismissal   committee shall determine whether any allowable modification is   necessary in administering to the student an assessment instrument   required under this subsection.  The State Board of Education shall   administer the assessment instruments.  An end-of-course   assessment instrument may be administered in multiple parts over   more than one day.  The State Board of Education shall adopt a   schedule for the administration of end-of-course assessment   instruments that complies with the requirements of Subsection   (c-3).          (c-2)  The agency may adopt end-of-course assessment   instruments for courses for which end-of-course assessment   instruments are not adopted under [ not listed in ] Subsection   (c).  A student's performance on an end-of-course assessment   instrument adopted under this subsection is not subject to the   performance requirements established under Subsection (c) or   Section 39.025.           (q)     Notwithstanding any provision of this section or other   law, if changes made to the Every Student Succeeds Act (20 U.S.C.   Section 6301 et seq.) reduce the number or frequency of assessment   instruments required to be administered to students, the State   Board of Education shall adopt rules reducing the number or   frequency of assessment instruments administered to students under   state law, and the commissioner shall ensure that students are not   assessed in subject areas or in grades that are no longer required   to meet the minimum requirements of that Act.           (r)     In adopting or developing assessment instruments under   this section, the agency shall consult with the Texas Commission on   Public School Assessment and Accountability established under   Subchapter N.   An assessment instrument may not be administered   under this section unless the commission, by a majority vote,   approves the assessment instrument.          SECTION 7.  Sections 39.025(a-1) and (a-3), Education Code,   are amended to read as follows:          (a-1)  A student enrolled in a college preparatory   mathematics or English language arts course under Section 28.014   who satisfies the Texas Success Initiative (TSI) college readiness   benchmarks prescribed by the Texas Higher Education Coordinating   Board under Section 51.334 on an assessment instrument designated   by the coordinating board under that section administered at the   end of the college preparatory mathematics or English language arts   course satisfies the requirements concerning and is exempt from the   administration of the mathematics or reading [ Algebra I or the   English I and English II ] end-of-course assessment instrument   [ instrument [Text truncated for display. Full text available on Congress.gov.]