83R10086 SLB-F
 
  By: Moody H.B. No. 2260
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of an advisory council to research and make
  recommendations on the use of assessment instruments in public
  schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 39, Education Code, is amended by adding
  Subchapter A to read as follows:
  SUBCHAPTER A. ASSESSMENT INSTRUMENT ADVISORY COUNCIL
         Sec. 39.001.  DEFINITIONS. In this subchapter:
               (1)  "Assessment instrument" means a test required to
  be adopted or developed under Section 39.023.
               (2)  "Council" means the assessment instrument
  advisory council.
               (3)  "Design" means the development of content and
  reliability testing and validation of an assessment instrument.
               (4)  "Funding" means all mechanisms involving the
  granting, withholding, accumulating, spending, appropriating, or
  designating of state, federal, and private money, including
  mechanisms connecting money to student test scores or involving
  contracting, outsourcing, or other public-private partnerships.
         Sec. 39.002.  ASSESSMENT INSTRUMENT ADVISORY COUNCIL. (a)
  The assessment instrument advisory council is established to
  identify strategic priorities for and make recommendations on:
               (1)  the best practices for evidence-centered
  assessment instrument design and implementation;
               (2)  teacher and administrator training regarding
  assessment instruments;
               (3)  the proper use of student scores on assessment
  instruments;
               (4)  student preparation for assessment instruments;
  and
               (5)  the funding of assessment instruments.
         (b)  The council is composed of:
               (1)  the commissioner;
               (2)  the commissioner of higher education;
               (3)  three members appointed by the commissioner who:
                     (A)  are educational research or implementation
  scientists, psychometricians, or assessment experts; and
                     (B)  have distinguished experience in
  evidence-centered assessment instrument design, educational
  research, or implementation science; and
               (4)  31 members appointed by the commissioner in the
  manner described by Subsection (c).
         (c)  In making appointments required by Subsection (b)(4),
  the commissioner shall appoint one member who is a classroom
  teacher in a public school from each senate district on the
  nomination of the senator representing the district.
         (d)  In making nominations under Subsection (c), senators
  shall nominate persons who have distinguished experience in:
               (1)  developing and implementing public school reform
  strategies; and
               (2)  designing or administering assessment instruments
  or classroom-based assessments or appraisals of student
  performance.
         Sec. 39.003.  TERMS. Members of the council serve terms of
  two years and may be reappointed for additional terms.
         Sec. 39.004.  PRESIDING OFFICER. The commissioner serves as
  the presiding officer of the council.
         Sec. 39.005.  COMPENSATION AND REIMBURSEMENT. A member of
  the council is not entitled to compensation for service on the
  council but is entitled to reimbursement for actual and necessary
  expenses incurred in performing council duties.
         Sec. 39.006.  COUNCIL STAFF AND COSTS. (a) Except as
  otherwise provided, staff members of the agency, with the
  assistance of the Texas Higher Education Coordinating Board, shall
  provide administrative support for the council.
         (b)  Costs of the administrative and operational expenses of
  the council shall be provided by appropriation to the agency for
  that purpose and by gifts, grants, and donations solicited and
  accepted by the agency for that purpose.
         Sec. 39.007.  COUNCIL BUSINESS. (a) The commissioner shall
  make reasonable efforts to schedule meetings and other business of
  the council outside the time during which the school districts of
  council members appointed under Section 39.002(b)(4) are providing
  instruction for students.
         (b)  Council meetings and other business may, as the
  commissioner considers appropriate to minimize costs and increase
  accessibility, be conducted by or incorporate telephone,
  electronic means, or another manner of remote communication.
         Sec. 39.008.  STRATEGIC PLAN. (a) The council shall adopt a
  strategic plan under this subchapter to:
               (1)  investigate and evaluate the design,
  implementation, use of student scores, teacher and administrator
  training, and student preparation strategies associated with
  existing assessment instruments;
               (2)  investigate and evaluate funding of existing
  assessment instruments;
               (3)  specify strategies for the design and
  implementation of assessment instruments for public schools;
               (4)  specify strategies for the use of student scores
  on assessment instruments;
               (5)  specify strategies for teacher and administrator
  training associated with assessment instruments;
               (6)  specify strategies, including limitations, for
  curricular and procedural student preparation for assessment
  instruments;
               (7)  specify strategies for the funding of assessment
  instruments; and
               (8)  identify key objectives for appropriate research
  and program evaluation conducted as provided by this subchapter.
         (b)  The commissioner and the commissioner of higher
  education shall adopt rules as necessary to administer the
  strategic plan adopted by the council under this section.
         (c)  The commissioner and the commissioner of higher
  education shall consider the strategic plan in spending money,
  awarding grants, or entering into contracts in connection with a
  program relating to assessment instruments.
         Sec. 39.009.  OUTSIDE CONSULTATION; USE OF FUNDS; GIFTS AND
  GRANTS. (a) The commissioner or the commissioner of higher
  education, as appropriate, and the council may coordinate and
  consult with private and nonprofit entities that have expertise
  related to evidence-centered assessment instruments.
         (b)  The commissioner or the commissioner of higher
  education, as appropriate, may expend funds appropriated for
  assessment instruments for the council to fund an investigation,
  evaluation, or other expense related to the development of a
  strategic plan, recommendation, or report under this subchapter.
         (c)  The commissioner or the commissioner of higher
  education, as appropriate, may accept gifts, grants, or donations
  to fund an investigation, evaluation, or other expense related to
  the development of a strategic plan, recommendation, or report
  under this subchapter.
         Sec. 39.010.  COUNCIL RECOMMENDATIONS. (a) Based on the
  strategic plan adopted under this subchapter, the council shall
  make recommendations to the commissioner or the commissioner of
  higher education, as applicable, for the use of federal and state
  funds appropriated or received for assessment instruments,
  including grants.
         (b)  The council shall include recommendations under this
  section for best practices and key elements of proper:
               (1)  assessment instrument design;
               (2)  assessment instrument implementation;
               (3)  use of student scores on assessment instruments;
               (4)  training initiatives for teachers and
  administrators associated with assessment instruments;
               (5)  initiatives, including limitations, for
  curricular and procedural student preparation for assessment
  instruments;
               (6)  funding of assessment instruments; and
               (7)  powers, duties, structure, and future initiatives
  of the council.
         (c)  The commissioner or the commissioner of higher
  education, as applicable, shall consider the council's
  recommendations and based on those recommendations may award grants
  to school districts, open-enrollment charter schools, institutions
  of higher education, regional education service centers, and
  nonprofit organizations to meet the goals of the council's
  strategic plan, including establishing pilot programs and imposing
  additional reporting requirements.
         (d)  The commissioner or the commissioner of higher
  education, as applicable:
               (1)  is not required under this section to allocate
  funds to a program or initiative recommended by the council; and
               (2)  may not initiate a program funded under this
  section that does not conform to the recommended use of funds as
  provided under Subsections (a) and (b).
         Sec. 39.011.  REPORTS. (a) Not later than December 1 of each
  even-numbered year, the agency shall prepare and deliver a report
  to the legislature describing any statutory changes the council
  considers appropriate to improve any matter associated with
  assessment instruments.
         (b)  The report under Subsection (a) may include
  recommendations intended for release to the United States
  Department of Education or other entities of the federal
  government.
         Sec. 39.012.  RULES. The commissioner and the commissioner
  of higher education shall adopt rules as necessary to administer
  this subchapter and any programs under the authority of the
  commissioner or the commissioner of higher education and the
  council under this subchapter.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the commissioner of education shall appoint members of
  the assessment instrument advisory council as required by Section
  39.002, Education Code, as added by this Act.
         SECTION 3.  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, 2013.