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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of state assessments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 39.23, Education Code, is amended by a |
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adding Subsection (a-14) and (q) and amending (a-11) and (e) to read |
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as follows: |
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(a-11) Before an assessment instrument adopted or developed |
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under Subsection (a) may be administered under that subsection, the |
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assessment instrument must, on the basis of empirical evidence, be |
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determined to be valid and reliable by an entity that is independent |
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of the agency and of any other entity that developed the assessment |
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instrument. To the extent practicable, each assessment must also |
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be evaluated by an independent group of qualified educators with |
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Texas teaching experience for readability within the grade level |
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assessed, and each assessment item of sufficient length must be |
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separately evaluated for readability within the grade level |
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assessed before being field-tested under subsection (d). A |
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determination of readability must consider available correlations |
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with other assessments commonly used by Texas school districts, and |
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shall be verified by an independent group of qualified educators |
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with Texas teaching experience. The commissioner shall hold a |
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public hearing before making a determination as to readability of |
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assessments and before any decision under this section. |
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(a-14) Each reading assessment instrument adopted or |
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developed under Subsection (a) shall be comprised of assessment |
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passages, items or questions that are aligned with the essential |
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skills and knowledge established by the State Board of Education |
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under Section 39.021 for a course, subject, and grade level, and |
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that have been determined to be written at the independent reading |
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level based on multiple generally accepted reliable measures of |
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readability and as verified by an independent group of qualified |
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educators with Texas teaching experience. |
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(e) Under rules adopted by the State Board of Education, |
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every third year, the agency shall release the questions and answer |
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keys to each assessment instrument administered under Subsection |
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(a), (b), (c), (d), or (l), excluding any assessment instrument |
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administered to a student for the purpose of retaking the |
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assessment instrument, after the last time the instrument is |
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administered for that school year. To ensure a valid bank of |
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questions for use each year, the agency is not required to release a |
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question that is being field-tested and was not used to compute the |
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student's score on the instrument. The agency shall also release, |
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under board rule, each question that is no longer being |
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field-tested and that was not used to compute a student's score. |
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During the 2014-2015 and 2015-2016 school years, the agency shall |
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release the questions and answer keys to assessment instruments as |
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described by this subsection each year. At the time that the agency |
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releases the questions and answer keys for an assessment |
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instrument, the agency also shall release the measures of |
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readability for each question and reading passage as determined |
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under Subsection (a-14). |
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(q) The State Board of Education shall periodically review, |
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at least once each year, the assessment instruments adopted or |
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developed under Subsection (a) and the measure of readability |
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determined under Subsection (a-14). Any review of assessment |
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instruments and measures of readability that have not been released |
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under Subsection (e) may be conducted in closed session. |
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SECTION 2. Subchapter B, Chapter 39, Education Code, is |
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amended by adding Section 39.02302 to read as follows: |
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Sec. 39.02302. TRANSITION FOR READABILITY MEASURES. (a) No |
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later than November 1, 2019, the commissioner shall complete an |
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evaluation of readability within grade level of each assessment |
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required under Section 39.023(a) and administered during or |
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following the 2018-2019 and 2019-2020 school years and provide the |
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results of the evaluation to each legislative oversight committee |
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and the governor. |
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(b) State assessment performance labels and numeric values, |
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(including, but not limited to the following: approaches, meets, |
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and masters grade level), sanctions, interventions and SSI |
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promotion requirements shall not be applied to students, campuses |
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or districts based on the results of the 2018-2019 state |
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assessments unless: |
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(1) a district or campus moves from an unacceptable to |
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an acceptable rating; and |
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(2) allows a student to comply with a high school |
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graduation requirement based on successful performance on an |
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assessment. |
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(c) State assessment instruments shall not be |
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administered during the 2019-2020 or any later school year unless |
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they meet the readability standards in section 39.023(a-11) and |
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(a-14). If an assessment instrument does not meet the readability |
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standards in section 39.023 (a-11) and (a-14), the Commissioner |
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shall request a federal waiver, if needed, from the requirements of |
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the Every Student Succeeds Act (ESSA)(20 U.S.C. Section 6301 et |
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seq.) to comply with this section. |
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(d) To the extent a state assessment is not available |
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that meets the requirements of section 39.023(a-11) and (a-14) for |
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the 2019-2020 school year, the commissioner shall: |
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(1) request a waiver as necessary to comply with |
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this section; |
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(2) except as provided by subsection (3), not |
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assign a state district or campus rating, impose any district or |
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campus sanction, or require any student promotion condition that is |
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based in whole or in part on an assessment not meeting the |
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requirements of section 39.023(a-11) and (a-14) unless expressly |
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required by federal law and is not waived; and |
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(3) assign a district or campus rating based in |
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whole or in part on an assessment not meeting the requirements of |
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section 39.023(a-11) and (a-14) only to the extent a district or |
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campus moves from an unacceptable to an acceptable rating. |
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(e) Nothing in this section shall be construed to limit the |
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ability of a student to comply with a high school graduation |
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requirement based on successful performance on an assessment. |
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(f) This section expires September 1, 2021. |
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SECTION 3. Section 39.0241(a), Education Code, is amended |
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to read as follows: |
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(a) The commissioner shall determine the level of |
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performance considered to be satisfactory on the assessment |
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instruments., provided that satisfactory performance shall be |
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based on grade level expectations for a course or subject and shall |
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be consistent with other indicators of grade level performance, |
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including the measures of readability determined under Subsection |
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39.023(a-14). |
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SECTION 4. This Act applies beginning with the 2019-2020 |
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school year. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |