Bill Text: TX HB514 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the creation of an advisory council to research and make recommendations on the use of assessment instruments in public schools.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-02-16 - Referred to Public Education [HB514 Detail]
Download: Texas-2015-HB514-Introduced.html
84R2475 SRS-F | ||
By: Moody | H.B. No. 514 |
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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, 2015. |