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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of interim testing and adaptive, growth-based |
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assessment instruments for certain required assessments of public |
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school students. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter I, Chapter 21, Education Code, is |
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amended by adding Section 21.417 to read as follows: |
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Sec. 21.417. PROHIBITING USE OF CERTAIN ASSESSMENT |
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INSTRUMENTS AS SOLE CRITERION IN TEACHER EVALUATION OR |
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COMPENSATION. The results of an assessment instrument administered |
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under Section 39.023(a), (b), or (n) may not be used as the sole |
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criterion in evaluating teacher performance or determining teacher |
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compensation. |
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SECTION 2. Subchapter B, Chapter 39, Education Code, is |
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amended by adding Section 39.02342 to read as follows: |
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Sec. 39.02342. INTERIM TESTING AND ADAPTIVE, GROWTH-BASED |
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ASSESSMENT INSTRUMENTS. (a) In this section, "adaptive, |
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growth-based assessment instrument" means an assessment instrument |
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that: |
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(1) adjusts the level of difficulty for each student |
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during administration of the assessment instrument to match the |
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knowledge and ability demonstrated by the student on the assessment |
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instrument; and |
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(2) measures each student's academic progress over a |
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period of time, regardless of the student's age, grade level, or |
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performance in class. |
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(b) Beginning with the 2022-2023 school year, the agency |
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shall ensure that each assessment instrument adopted or developed |
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under Section 39.023(a), (b), or (n) is administered during the |
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school year through statewide interim assessments. The results of |
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the interim assessments for each subject shall be combined to |
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determine a single summative score on that assessment instrument |
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for each student in the manner established by commissioner rule. |
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(c) An assessment instrument adopted or developed under |
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Section 39.023(a), (b), or (n) that is administered in an |
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electronic format must be an adaptive, growth-based assessment |
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instrument. |
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(d) In complying with this section, the agency may contract |
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with a nonprofit organization that specializes in developing |
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adaptive, growth-based assessment instruments. |
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(e) The commissioner shall adopt rules as necessary to |
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implement this section, including rules: |
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(1) providing the number and timing of the |
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administration of the statewide interim assessments to be |
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administered to a student for each assessment instrument described |
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by Subsection (b), which must include at least: |
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(A) one interim assessment administered at the |
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beginning of the school year; and |
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(B) one interim assessment administered at the |
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end of the school year; and |
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(2) establishing the criteria necessary to ensure an |
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assessment instrument is an adaptive, growth-based assessment |
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instrument. |
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SECTION 3. Section 39.053, Education Code, is amended by |
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adding Subsection (c-4) to read as follows: |
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(c-4) For purposes of Subsection (c)(2)(A), a student's |
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improvement on an assessment instrument required under Section |
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39.023(a), (b), or (n) must be measured from the beginning of the |
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school year for which the district or campus is being evaluated to |
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the end of that school year. |
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SECTION 4. This Act applies beginning with the 2022-2023 |
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school year. |
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SECTION 5. Not later than September 1, 2022, the Texas |
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Education Agency shall adopt or develop each assessment instrument |
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required under Section 39.023(a), (b), or (n), Education Code, in |
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accordance with Section 39.02342, Education Code, as added by this |
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Act. In adopting or developing each assessment instrument, the |
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agency may not use or consider an assessment instrument included in |
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the State of Texas Assessments of Academic Readiness (STAAR) or the |
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State of Texas Assessments of Academic Readiness Alternate (STAAR |
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Alternate). |
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SECTION 6. Not later than September 1, 2022, the |
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commissioner of education shall: |
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(1) ensure that the assessment instruments adopted or |
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developed under Section 39.023(a), (b), or (n), Education Code, in |
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accordance with Section 39.02342, Education Code, as added by this |
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Act, comply to the greatest extent practicable with the |
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requirements for academic assessments provided under the Every |
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Student Succeeds Act (20 U.S.C. Section 6311) and any other |
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applicable federal law or regulation and identify any of those laws |
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or regulations with which the assessment instruments cannot |
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reasonably comply; and |
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(2) request from the United States Department of |
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Education a waiver from the application of any conflicting federal |
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law or regulation identified under Subdivision (1) of this section |
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or a written notification that a waiver is not required. |
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SECTION 7. This Act takes effect September 1, 2021. |