HBA-MPM H.B. 2983 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2983 By: Culberson Public Education 4/21/1999 Introduced BACKGROUND AND PURPOSE With readoption of the Texas Education Code in 1995, the commissioner of education was required to develop and propose an assessment system for students with disabilities and students of limited English proficiency (LEP) who are exempt from the Texas Assessment of Academic Skills (TAAS) statewide testing program. By 1998-99, the performance of these students is to be included in the Academic Excellence Indicator System (AEIS). Neither the nature of the assessment system nor how results are to be included in the AEIS are specified in law currently. Decisions about use of test results for reporting or rating purposes are the prerogative of the commissioner of education. The statute potentially expands the focus of state policy regarding special programs beyond compliance and program quality to also include accountability for performance of students. In December 1996, the commissioner submitted reports to the legislature outlining proposed changes to the assessment and accountability systems that would increase participation for students with disabilities and LEP students. Assessment in special education has traditionally been for eligibility for services rather than for performance and accountability. As this focus changes, two contradictory concerns are voiced repeatedly: the need to link assessment to classroom instruction and the possible unintended effects on classroom instruction if test results for students with disabilities are used in the accountability rating system. Under the commissioner's proposal, instruction in the essential elements of the curriculum is the key factor in determining if students receiving special education services will be required to take the TAAS and be included in the accountability rating system. This recommendation links assessment directly with classroom instruction, with the goal of improving educational results for students with disabilities. TAAS participation by students receiving special education services has increased in recent years. However, including TAAS results in the accountability rating system could reverse this trend. If instruction in the essential elements is a key factor in determining TAAS participation, there are concerns that reduced TAAS participation could be achieved by teaching the essential elements to fewer students with disabilities. Other factors on which this decision could be based include the student's disability category, the amount of time spent in special education instructional settings, the instructional arrangement, the student's reading level, behavioral considerations, or results of a standardized pretest or developmental skills pretest. Each of these factors has shortcomings as a possible key for determining TAAS participation of students with disabilities. Beginning in 1996-97, districts are required for the first time to administer a locally selected alternative assessment to students with disabilities who do not participate in the TAAS. Any standardized statewide alternative assessment for students who are receiving instruction in the essential elements, but not at grade level, would need to meet the following criteria: (a) provide a good match between test items and the essential elements, (b) be appropriate for various instructional levels and grade levels, and (c) provide valid results with a variety of test modifications or accommodations. Recommendations that such an assessment be developed or purchased for use statewide meet with the argument that standardization is not possible due to the individualized nature of disabilities and classroom instruction. At the same time, individualized evaluations such as portfolios and performance-based processes are seen as cumbersome and subject to variability in implementation. Two approaches to developing a standardized alternative assessment have been proposed. One suggestion is to develop a multigrade-level TAAS. Test development could require several years, but this alternative would assure a match between the content assessed and the essential elements. Alternatively, a commercially available test could be selected for statewide use. These tests have already been evaluated for reliability, validity, and psychometric soundness, and school districts are familiar with their use. However, they are not designed specifically to test the content of the essential elements and the level of match would have to be evaluated. H.B. 2983 requires the Texas Education Agency (agency) to adopt appropriate, nationally recognized assessment instruments designed to assess competencies in reading, writing, mathematics, social studies, and science. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 39.023, Education Code, as follows: Sec. 39.023. ADOPTION AND ADMINISTRATION OF INSTRUMENTS. (a) Requires the Texas Education Agency (agency) to adopt appropriate, nationally recognized, rather than criterion-referenced, assessment instruments designed to assess competencies in reading, writing, mathematics, social studies, and science. (b) Makes a conforming change. (c) Makes conforming and nonsubstantive changes. (d) Makes no change. (e) Provides that this subsection does not require the agency to release questions and answers relating to a nationally recognized assessment instrument if release is prohibited by the person who developed the instrument or other appropriate person with authority over the instrument. Applies this exception to the requirement that the agency, under rules adopted by the State Board of Education (board), release the question and answer keys to each assessment instrument administered under Subsection (a), (b), (c), or (d) after the last time the instrument is administered for a school year. (f) Requires the assessment instruments to include, rather than be designed to include, assessment of a student's problem-solving ability and complex-thinking skills using a method of assessing those abilities and skills that is demonstrated to be highly reliable. (g) Redesignated from existing Subsection (h). Deletes text authorizing the board to adopt one appropriate, nationally-recognized, norm-referenced assessment instrument in reading and mathematics to be administered to a selected sample of students in the spring. Deletes text regarding the costs of this test, as well as the manner in which a district is required to report results of the test to the agency. (h) Redesignated from existing Subsection (i). (i) Redesignated from existing Subsection (j). (j) Redesignated from existing Subsection (k). SECTION 2. Amends Section 39.028, Education Code, to make a nonsubstantive change. SECTION 3. Effective date: September 1, 1999. Requires the agency to adopt appropriate, nationally recognized assessment instruments under Sections 39.023(a) and (c) (Adoption and Administration of Instruments), Education Code, as amended by this Act, no later than July 1, 2000. Requires the assessment instruments to be administered to students beginning with the 2000-2001 school year. Makes administration of the standardized assessment instruments prospective. SECTION 4. Emergency clause.