84R2121 CAE-D
 
  By: González H.B. No. 407
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to school district selection of an alternative assessment
  method in place of state-administered assessment instruments.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 39.026, Education Code, is amended to
  read as follows:
         Sec. 39.026.  LOCAL OPTION.  (a)  This subsection applies
  only to administration of assessment instruments to students at the
  third, fourth, fifth, sixth, seventh, or eighth grade level.
  Notwithstanding any other provision of this title, the board of
  trustees of a school district, in place of [In addition to] the
  assessment instruments required under Section 39.023 that are
  adopted by the agency and administered by the State Board of
  Education, [a school district] may provide for performance-based or
  portfolio assessment to evaluate student learning [adopt and
  administer criterion-referenced or norm-referenced assessment
  instruments, or both,] at any grade level.
         (b)  The board of trustees must submit to the commissioner a
  detailed plan designed to support improved student instruction and
  learning and provide evidence of the method for accurate assessment
  of the quality of learning to be used on district campuses. The
  plan must include a clear description of each assessed curricular
  goal included in the district's learning standards.
         (c)  The commissioner shall adopt rules as necessary for the
  administration of Subsection (a), including rules for using
  performance-based or portfolio assessment.
         (d)  If there is a conflict between Subsection (a) and
  federal law or regulations as a result of the use of
  performance-based or portfolio assessment, the agency shall seek a
  waiver from the application of conflicting federal law or
  regulations.
         (e)  A performance-based or portfolio [A norm-referenced]
  assessment method [instrument adopted] under this section must be
  approved by the commissioner [economical, nationally recognized,
  and state-approved].
         SECTION 2.  This Act applies beginning with the 2015-2016
  school year.
         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, 2015.