87R4769 KJE-D

By: Shaheen H.B. No. 812

A BILL TO BE ENTITLED

AN ACT

relating to the use of interim testing and adaptive, growth-based assessment instruments for certain required assessments of public school students.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter I, Chapter 21, Education Code, is amended by adding Section 21.417 to read as follows:

Sec. 21.417. PROHIBITING USE OF CERTAIN ASSESSMENT INSTRUMENTS AS SOLE CRITERION IN TEACHER EVALUATION OR COMPENSATION. The results of an assessment instrument administered under Section 39.023(a), (b), or (n) may not be used as the sole criterion in evaluating teacher performance or determining teacher compensation.

SECTION 2. Subchapter B, Chapter 39, Education Code, is amended by adding Section 39.02342 to read as follows:

Sec. 39.02342. INTERIM TESTING AND ADAPTIVE, GROWTH-BASED ASSESSMENT INSTRUMENTS. (a) In this section, "adaptive, growth-based assessment instrument" means an assessment instrument that:

(1) adjusts the level of difficulty for each student during administration of the assessment instrument to match the knowledge and ability demonstrated by the student on the assessment instrument; and

(2) measures each student's academic progress over a period of time, regardless of the student's age, grade level, or performance in class.

(b) Beginning with the 2022-2023 school year, the agency shall ensure that each assessment instrument adopted or developed under Section 39.023(a), (b), or (n) is administered during the school year through statewide interim assessments. The results of the interim assessments for each subject shall be combined to determine a single summative score on that assessment instrument for each student in the manner established by commissioner rule.

(c) An assessment instrument adopted or developed under Section 39.023(a), (b), or (n) that is administered in an electronic format must be an adaptive, growth-based assessment instrument.

(d) In complying with this section, the agency may contract with a nonprofit organization that specializes in developing adaptive, growth-based assessment instruments.

(e) The commissioner shall adopt rules as necessary to implement this section, including rules:

(1) providing the number and timing of the administration of the statewide interim assessments to be administered to a student for each assessment instrument described by Subsection (b), which must include at least:

(A) one interim assessment administered at the beginning of the school year; and

(B) one interim assessment administered at the end of the school year; and

(2) establishing the criteria necessary to ensure an assessment instrument is an adaptive, growth-based assessment instrument.

SECTION 3. Section 39.053, Education Code, is amended by adding Subsection (c-4) to read as follows:

(c-4) For purposes of Subsection (c)(2)(A), a student's improvement on an assessment instrument required under Section 39.023(a), (b), or (n) must be measured from the beginning of the school year for which the district or campus is being evaluated to the end of that school year.

SECTION 4. This Act applies beginning with the 2022-2023 school year.

SECTION 5. Not later than September 1, 2022, the Texas Education Agency shall adopt or develop each assessment instrument required under Section 39.023(a), (b), or (n), Education Code, in accordance with Section 39.02342, Education Code, as added by this Act. In adopting or developing each assessment instrument, the agency may not use or consider an assessment instrument included in the State of Texas Assessments of Academic Readiness (STAAR) or the State of Texas Assessments of Academic Readiness Alternate (STAAR Alternate).

SECTION 6. Not later than September 1, 2022, the commissioner of education shall:

(1) ensure that the assessment instruments adopted or developed under Section 39.023(a), (b), or (n), Education Code, in accordance with Section 39.02342, Education Code, as added by this Act, comply to the greatest extent practicable with the requirements for academic assessments provided under the Every Student Succeeds Act (20 U.S.C. Section 6311) and any other applicable federal law or regulation and identify any of those laws or regulations with which the assessment instruments cannot reasonably comply; and

(2) request from the United States Department of Education a waiver from the application of any conflicting federal law or regulation identified under Subdivision (1) of this section or a written notification that a waiver is not required.

SECTION 7. This Act takes effect September 1, 2021.