HB5353 - Relating to the administration of certain assessment instruments and the accountability rating system for assessing campus and district performance.

      By: Bernal H.B. No. 5353       A BILL TO BE ENTITLED   AN ACT   relating to the administration of certain assessment instruments   and the accountability rating system for assessing campus and   district performance.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 39.023, Education Code, is amended by   amending Subsections (a), (c), and (c-2) and adding Subsections (q)   and (r) to read as follows:          (a)  The agency shall adopt or develop appropriate   criterion-referenced nationally norm-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.          (c)  The agency shall also adopt Texas Success Initiative   assessments or nationally norm-referenced [ end-of-course ]   assessment instruments, such as the SAT or ACT, 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 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)     If the commissioner determines that a waiver or   authorization from the United States Department of Education is   necessary for Texas Success Initiative assessments to be designated   as the state's high school test under the Every Student Succeeds Act   in this subsection, the commissioner shall conduct any technical   studies necessary to ensure compliance with federal guidelines and   request the waiver or authorization until the waiver or   authorization is granted.          SECTION 2.  Section 39.025(a) and (a-1), Education Code, are   amended to read as follows:          (a)  The commissioner shall adopt rules requiring a student   in the foundation high school program under Section 28.025 to be   administered an [ end-of-course ] assessment instrument listed in   Section 39.023(c) only for a course in which the student is enrolled   and for which an [ end-of-course ] assessment instrument is   administered. A student is required to achieve a scale score that   indicates satisfactory performance, as determined by the   commissioner under Section 39.0241(a), on each [ end-of-course ]   assessment instrument administered to the student. For each scale   score required under this subsection that is not based on a   100-point scale scoring system, the commissioner shall provide for   conversion, in accordance with commissioner rule, of the scale   score to an equivalent score based on a 100-point scale scoring   system. A student may not receive a high school diploma until the   student has performed satisfactorily on end-of-course assessment   instruments in the manner provided under this subsection   demonstrates College, Career, or Military Readiness as defined   under Section 39.053(c)(1)(B) . This subsection does not require a   student to demonstrate readiness to enroll in an institution of   higher education.          (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 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   [ instruments ], as applicable, [ as prescribed by Section   39.023(c), ] even if the student did not perform satisfactorily on a   previous administration of the applicable [ end-of-course ]   assessment instrument. A student who fails to perform   satisfactorily on the assessment instrument designated by the   coordinating board under Section 51.334 administered as provided by   this subsection may retake that assessment instrument for purposes   of this subsection or may take the [ end-of-course ] assessment   instrument.          SECTION 3.  Subchapter C, Chapter 39, Education Code, is   amended by adding Section 39.0521 to read as follows:           Sec.   39.0521.     TEMPORARY PROVISION: ASSIGNMENT OF   PERFORMANCE RATINGS AND SCORING OF ASSESSMENT INSTRUMENTS. (a)   Notwithstanding any other law, for the 2022-2023,2023-2024, AND   2024-2025 school years, the commissioner shall use the cut points,   scaling, targets, indicators, standards, procedures, criteria, and   calculations prescribed by the 2022 Accountability Manual, adopted   under 19 T.A.C. Section 97.1001, as that rule existed on August 15,   2023, to:                 (1)     evaluate school district and campus performance   and assign each district and campus a performance rating; and                 (2)     score assessment instruments administered under   Subchapter B.           (b)     If the commissioner determines that a waiver or   authorization from the United States Department of Education is   necessary for the implementation of this subsection, the   commissioner shall request the waiver or authorization util the   waiver or authorization is granted.           (c)  This section expires August 31, 2026.          SECTION 4.  Section 39.053, Education Code, is amended by   amending Subsections (c) and (c-2) and adding Subsections (c-4) and   (c-5) to read as follows:          Section 39.053, Education Code, is amended by amending   Subsections (c) and (c-2) and adding Subsections (c-4) and (c-5) to   read as follows:          (c)  School districts and campuses must be evaluated based on   three domains of indicators of achievement adopted under this   section that include:                (1)  in the student achievement domain, indicators of   student achievement that must include:                      (A)  for evaluating the performance of districts   and campuses generally:                            (i)  an indicator that accounts for the   results of assessment instruments required under Sections   39.023(a), (c), and (l), as applicable for the district and campus,   [ including the results of assessment instruments required for   graduation retaken by a student, ] aggregated across grade levels by   subject area, including:                                  (a)  for the performance standard   determined by the commissioner under Section 39.0241(a), the   percentage of students who performed satisfactorily on the   assessment instruments, aggregated across grade levels by subject   area; and                                  (b)  for the college readiness   performance standard as determined under Section 39.0241, the   percentage of students who performed satisfactorily on the   assessment instruments, aggregated across grade levels by subject   area; [ and ]                            (ii)  an indicator that accounts for the   results of assessment instruments required under Section   39.023(b), as applicable for the district and campus, including the   percentage of students who performed satisfactorily on the   assessment instruments, as determined by the performance standard   adopted by the agency, aggregated across grade levels by subject   area;                             (iii)     an indicator that accounts for   extracurricular and cocurricular student success;                             (iv)     an indicator that accounts for   successful completion of middle school career and technology   education courses; and                             (v)     an indicator that accounts for middle   school student success in accelerated mathematics; and                      (B)  for evaluating the performance of high school   campuses and districts that include high school campuses,   indicators that account for:                            (i)  students who satisfy the Texas Success   Initiative (TSI) college readiness benchmarks prescribed by the   Texas Higher Education Coordinating Board under Section 51.334 on   an assessment instrument in reading or mathematics designated by   the coordinating board under that section;                            (ii)  students who satisfy relevant   performance standards on advanced placement tests or similar   assessments;     [Text truncated for display. 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