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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of interim testing and adaptive, growth-based |
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assessment instruments for certain required assessments of public |
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school students and prohibiting the use of the results of certain |
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required assessments of public school students for certain |
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purposes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter I, Chapter 21, Education Code, is |
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amended by adding Section 21.416 to read as follows: |
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Sec. 21.416. PROHIBITING USE OF CERTAIN ASSESSMENT |
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INSTRUMENTS AS SOLE CRITERION IN TEACHER EVALUATION OR |
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COMPENSATION. The results of an assessment instrument administered |
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under Section 39.023(a), (b), or (n) may not be used as the sole |
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criterion in evaluating teacher performance or determining teacher |
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compensation. |
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SECTION 2. Subchapter B, Chapter 39, Education Code, is |
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amended by adding Section 39.0264 to read as follows: |
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Sec. 39.0264. SCHOOL DISTRICT ADOPTION AND ADMINISTRATION |
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OF INTERIM TESTING AND ADAPTIVE, GROWTH-BASED ASSESSMENT |
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INSTRUMENTS. (a) In this section, "adaptive, growth-based |
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assessment instrument" means an assessment instrument that: |
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(1) adjusts the level of difficulty for each student |
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during administration of the assessment instrument to match the |
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knowledge and ability demonstrated by the student on the assessment |
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instrument; and |
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(2) measures each student's academic progress over a |
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period of time, regardless of the student's age, grade level, or |
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performance in class. |
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(b) The commissioner shall apply to the United States |
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Department of Education for a waiver of the requirement under the |
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Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) to |
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administer the same assessment instruments to all public school |
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students. |
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(c) If the United States Department of Education grants a |
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waiver described by Subsection (b), a school district may adopt or |
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develop assessment instruments in accordance with this section and |
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administer those assessment instruments in lieu of the assessment |
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instruments required under Section 39.023(a), (b), or (n) in each |
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subject and at each grade level for which an assessment instrument |
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is required to be administered under Section 39.023(a). |
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(d) Each assessment instrument administered under this |
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section must be administered during the school year through |
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statewide interim assessments. The results of the interim |
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assessments for each subject shall be combined to determine a |
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single summative score on that assessment instrument for each |
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student in the manner established by commissioner rule. |
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(e) An assessment instrument administered under this |
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section in an electronic format must be an adaptive, growth-based |
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assessment instrument. |
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(f) In adopting or developing assessment instruments under |
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this section, a school district may contract with a nonprofit |
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organization that specializes in developing adaptive, growth-based |
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assessment instruments. |
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(g) The commissioner shall adopt rules as necessary to |
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implement this section, including rules: |
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(1) providing the number and timing of the |
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administration of the statewide interim assessments to be |
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administered to a student for each assessment instrument described |
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by Subsection (c), which must include at least: |
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(A) one interim assessment administered at the |
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beginning of the school year; and |
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(B) one interim assessment administered at the |
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end of the school year; and |
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(2) establishing the criteria necessary to ensure an |
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assessment instrument is an adaptive, growth-based assessment |
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instrument. |
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(h) A reference in law to an assessment instrument adopted |
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or developed under Section 39.023(a), (b), or (n) includes an |
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assessment instrument adopted or developed and administered by a |
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school district in accordance with a waiver described by Subsection |
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(b) and this section. |
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SECTION 3. Section 39.053, Education Code, is amended by |
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adding Subsection (c-4) to read as follows: |
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(c-4) For purposes of Subsection (c)(2)(A), a student's |
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improvement on an assessment instrument administered under Section |
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39.0264 must be measured from the beginning of the school year for |
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which the district or campus is being evaluated to the end of that |
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school year. |
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SECTION 4. This Act applies beginning with the 2024-2025 |
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school year. |
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SECTION 5. Not later than January 1, 2024, the commissioner |
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of education shall apply to the United States Department of |
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Education for a waiver of the requirement under the Every Student |
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Succeeds Act (20 U.S.C. Section 6301 et seq.) to administer the same |
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assessment instruments to all public school students. |
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SECTION 6. This Act takes effect September 1, 2023. |