Bill Text: TX HB1333 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to public school accountability, including assessment of students and appraisal of teachers.

Spectrum: Moderate Partisan Bill (Republican 28-4)

Status: (Introduced) 2017-04-25 - Left pending in committee [HB1333 Detail]

Download: Texas-2017-HB1333-Introduced.html
  85R7293 PAM-D
 
  By: Isaac H.B. No. 1333
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to public school accountability, including assessment of
  students and appraisal of teachers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 21.351(a), Education Code, is amended to
  read as follows:
         (a)  The commissioner shall adopt a recommended appraisal
  process and criteria on which to appraise the performance of
  teachers. The criteria must be based on observable, job-related
  behavior, including:
               (1)  teachers' implementation of discipline management
  procedures; and
               (2)  the performance of teachers' students, provided
  that consideration of student performance is not based in any part
  on student performance on assessment instruments administered
  under Section 39.023.
         SECTION 2.  Section 39.023(a), Education Code, as effective
  September 1, 2017, is amended to read as follows:
         (a)  The agency shall adopt or develop appropriate
  criterion-referenced assessment instruments designed to assess
  essential knowledge and skills in reading, [writing,] mathematics,
  [social studies,] and science.  Except as provided by Subsection
  (a-2), all students, other than students assessed under Subsection
  (b) or (l) or exempted under Section 39.027, shall be assessed in:
               (1)  mathematics, annually in grades three through
  seven without the aid of technology and in grade eight with the aid
  of technology on any assessment instrument that includes algebra;
               (2)  reading, annually in grades three through eight;
  and
               (3)  [writing, including spelling and grammar, in
  grades four and seven;
               [(4)  social studies, in grade eight;
               [(5)]  science, in grades five and eight[; and
               [(6)     any other subject and grade required by federal
  law].
         SECTION 3.  Section 39.023(c), Education Code, is amended to
  read as follows:
         (c)  The agency shall also adopt end-of-course assessment
  instruments for secondary-level courses in reading, mathematics,
  and science only as necessary to comply with the Every Student
  Succeeds Act (20 U.S.C. Section 6301 et seq.) to be administered
  only as necessary to meet the minimum requirements of that Act 
  [Algebra I, biology, English I, English II, and United States
  history.   The Algebra I end-of-course assessment instrument must be
  administered with the aid of technology.   The English I and English
  II end-of-course assessment instruments must each assess essential
  knowledge and skills in both reading and writing in the same
  assessment instrument and must provide a single score].  A school
  district shall comply with State Board of Education rules regarding
  administration of the assessment instruments adopted under [listed
  in] this subsection.  If a student is in a special education program
  under Subchapter A, Chapter 29, the student's admission, review,
  and dismissal committee shall determine whether any allowable
  modification is necessary in administering to the student an
  assessment instrument required under this subsection.  The State
  Board of Education shall administer the assessment instruments.  
  [The State Board of Education shall adopt a schedule for the
  administration of end-of-course assessment instruments that
  complies with the requirements of Subsection (c-3).]
         SECTION 4.  Section 39.023(c-3), Education Code, as
  effective September 1, 2017, is amended to read as follows:
         (c-3)  The State Board of Education, with input from school
  districts, shall adopt [In adopting] a schedule for the
  administration of assessment instruments under this section that
  minimizes the disruption of classroom instruction [, the State
  Board of Education shall require:
               [(1)     assessment instruments administered under
  Subsection (a) to be administered on a schedule so that the first
  assessment instrument is administered at least two weeks later than
  the date on which the first assessment instrument was administered
  under Subsection (a) during the 2006-2007 school year; and
               [(2)     the spring administration of end-of-course
  assessment instruments under Subsection (c) to occur in each school
  district not earlier than the first full week in May, except that
  the spring administration of the end-of-course assessment
  instruments in English I and English II must be permitted to occur
  at an earlier date].
         SECTION 5.  Section 39.023, Education Code, is amended by
  adding Subsection (q) to read as follows:
         (q)  Notwithstanding any provision of this section or other
  law, if changes made to the Every Student Succeeds Act (20 U.S.C.
  Section 6301 et seq.) reduce the number or frequency of assessment
  instruments required to be administered to students, the State
  Board of Education shall adopt rules reducing the number or
  frequency of assessment instruments administered to students under
  state law, and the commissioner shall ensure that students are not
  assessed in subject areas or in grades that are no longer required
  to meet the minimum requirements of that Act.
         SECTION 6.  Subchapter B, Chapter 39, Education Code, is
  amended by adding Section 39.040 to read as follows:
         Sec. 39.040.  ALTERNATIVE ASSESSMENT INSTRUMENTS. (a) The
  commissioner by rule shall adopt procedures to identify nationally
  recognized, norm-referenced assessment instruments as additional
  alternative assessment instruments that may be used to evaluate
  student achievement for purposes of complying with accountability
  requirements under this chapter.
         (b)  Additional alternative assessment instruments
  identified as provided by Subsection (a) may be used:
               (1)  for grades three through eight, provided that the
  commissioner obtains any necessary waiver from the application of
  any conflicting federal law or regulation as provided by Subsection
  (d); and
               (2)  for secondary-level courses.
         (c)  The procedures adopted to identify all additional
  alternative assessment instruments under Subsection (a) must be
  consistent with the federal procedures required by the Every
  Student Succeeds Act (20 U.S.C. Section 6311) for state approval of
  nationally recognized high school academic assessment instruments
  that are available for local selection, including requiring each
  additional alternative assessment instrument identified to be
  aligned with the essential knowledge and skills for the appropriate
  grade level in the subject assessed.
         (d)  For purposes of using additional alternative assessment
  instruments in grades three through eight, the commissioner shall
  seek a waiver from the application of any conflicting federal law or
  regulation as a result of the use of multiple assessment
  instruments for assessing students in the same grade.
         SECTION 7.  Section 39.053(c), Education Code, is amended to
  read as follows:
         (c)  School districts and campuses must be evaluated based on
  five domains of indicators of achievement adopted under this
  section that include:
               (1)  in the first domain, the results of:
                     (A)  assessment instruments required under
  Sections 39.023(a), (c), and (l), including the results of
  assessment instruments required for graduation retaken by a
  student, aggregated across grade levels by subject area, including:
                           (i)  for the performance standard determined
  by the commissioner under Section 39.0241(a),  the percentage of
  students who performed satisfactorily on the assessment
  instruments, aggregated across grade levels by subject area; and
                           (ii)  for the college readiness performance
  standard as determined under Section 39.0241, the percentage of
  students who performed satisfactorily on the assessment
  instruments, aggregated across grade levels by subject area; and
                     (B)  assessment instruments required under
  Section 39.023(b), aggregated across grade levels by subject area,
  including the percentage of students who performed satisfactorily
  on the assessment instruments, as determined by the performance
  standard adopted by the agency, aggregated across grade levels by
  subject area;
               (2)  in the second domain:
                     (A)  for assessment instruments under Subdivision
  (1)(A):
                           (i)  for the performance standard determined
  by the commissioner under Section 39.0241(a), the percentage of
  students who met the standard for annual improvement on the
  assessment instruments, as determined by the commissioner by rule
  or by the method for measuring annual improvement under Section
  39.034, aggregated across grade levels by subject area; and
                           (ii)  for the college readiness performance
  standard as determined under Section 39.0241, the percentage of
  students who met the standard for annual improvement on the
  assessment instruments, as determined by the commissioner by rule
  or by the method for measuring annual improvement under Section
  39.034, aggregated across grade levels by subject area; and
                     (B)  for assessment instruments under Subdivision
  (1)(B), the percentage of students who met the standard for annual
  improvement on the assessment instruments, as determined by the
  commissioner by rule or by the method for measuring annual
  improvement under Section 39.034, aggregated across grade levels by
  subject area;
               (3)  in the third domain, the student academic
  achievement differentials among students from different racial and
  ethnic groups and socioeconomic backgrounds;
               (4)  in the fourth domain:
                     (A)  for evaluating the performance of high school
  campuses and districts that include high school campuses:
                           (i)  dropout rates, including dropout rates
  and district completion rates for grade levels 9 through 12,
  computed in accordance with standards and definitions adopted by
  the National Center for Education Statistics of the United States
  Department of Education;
                           (ii)  high school graduation rates, computed
  in accordance with standards and definitions adopted in compliance
  with the Every Student Succeeds Act [No Child Left Behind Act of
  2001] (20 U.S.C. Section 6301 et seq.);
                           (iii)  the percentage of students who
  successfully completed the curriculum requirements for the
  distinguished level of achievement under the foundation high school
  program;
                           (iv)  the percentage of students who
  successfully completed the curriculum requirements for an
  endorsement under Section 28.025(c-1);
                           (v)  the percentage of students who
  completed a coherent sequence of career and technical courses;
                           (vi)  the percentage of students who satisfy
  the Texas Success Initiative (TSI) college readiness benchmarks
  prescribed by the Texas Higher Education Coordinating Board under
  Section 51.3062(f) on an assessment instrument in reading, writing,
  or mathematics designated by the Texas Higher Education
  Coordinating Board under Section 51.3062(c);
                           (vii)  the percentage of students who earn
  at least 12 hours of postsecondary credit required for the
  foundation high school program under Section 28.025 or to earn an
  endorsement under Section 28.025(c-1);
                           (viii)  the percentage of students who have
  completed an advanced placement course;
                           (ix)  the percentage of students who enlist
  in the armed forces of the United States; and
                           (x)  the percentage of students who earn an
  industry certification;
                     (B)  for evaluating the performance of middle and
  junior high school and elementary school campuses and districts
  that include those campuses:
                           (i)  student attendance; and
                           (ii)  for middle and junior high school
  campuses:
                                 (a)  dropout rates, computed in the
  manner described by Paragraph (A)(i); and
                                 (b)  the percentage of students in
  grades seven and eight who receive instruction in preparing for
  high school, college, and a career that includes information
  regarding the creation of a high school personal graduation plan
  under Section 28.02121, the distinguished level of achievement
  described by Section 28.025(b-15), each endorsement described by
  Section 28.025(c-1), college readiness standards, and potential
  career choices and the education needed to enter those careers; and
                     (C)  any additional indicators of student
  achievement not associated with performance on standardized
  assessment instruments determined appropriate for consideration by
  the commissioner in consultation with educators, parents, business
  and industry representatives, and employers; and
               (5)  in the fifth domain, the following [three]
  programs or specific categories of performance related to community
  and student engagement under Section 39.0545(b)(1) locally
  [selected and] evaluated as provided by Section 39.0546:
                     (A)  wellness and physical education; and
                     (B)  community and parental involvement.
         SECTION 8.  Section 39.054(a-1), Education Code, is amended
  to read as follows:
         (a-1)  For purposes of assigning an overall performance
  rating under Subsection (a), the commissioner shall attribute:
               (1)  25 [55] percent of the performance evaluation to
  the achievement indicators for the first, second, and third domains
  under Sections 39.053(c)(1)-(3);
               (2)  for middle and junior high school and elementary
  campuses and districts that include only those campuses:
                     (A)  10 percent of the performance evaluation to
  the dropout rate indicator described by Section
  39.053(c)(4)(B)(ii)(a); and
                     (B)  [,] 35 percent to the remaining [of the
  performance evaluation to the] applicable achievement indicators
  for the fourth domain under Section 39.053(c)(4);
               (3)  for high school campuses and districts that
  include those campuses:
                     (A)  10 percent of the performance evaluation to
  the dropout [high school graduation] rate [achievement] indicator
  described by Section 39.053(c)(4)(A)(i) [39.053(c)(4)(A)(ii)]; and
                     (B)  35 [25] percent to the remaining applicable
  achievement indicators for the fourth domain under Section
  39.053(c)(4); and
               (4)  for [10 percent of the performance evaluation to]
  the locally [selected and] evaluated achievement indicators
  provided for under the fifth domain under Section 39.053(c)(5):
                     (A)  15 percent of the performance evaluation to
  the wellness and physical education indicator under Section
  39.053(c)(5)(A); and
                     (B)  15 percent of the performance evaluation to
  the community and parental involvement indicator under Section
  39.053(c)(5)(B).
         SECTION 9.  Section 39.0546(a), Education Code, is amended
  to read as follows:
         (a)  For purposes of including the local evaluation of
  districts and campuses under Section 39.053(c)(5) and assigning an
  overall rating under Section 39.054, before the beginning of each
  school year:
               (1)  each school district shall:
                     (A)  [select and] report to the agency the
  following [three] programs or categories under Section
  39.0545(b)(1)[, as added by Chapter 211 (H.B. 5), Acts of the 83rd
  Legislature, Regular Session, 2013,] under which the district will
  evaluate district performance:
                           (i)  wellness and physical education under
  Section 39.0545(b)(1)(B); and
                           (ii)  community and parental involvement
  under Section 39.0545(b)(1)(C);
                     (B)  submit to the agency the criteria the
  district will use to evaluate district performance and assign the
  district a performance rating; and
                     (C)  make the information described by Paragraphs
  (A) and (B) available on the district's Internet website; and
               (2)  each campus shall:
                     (A)  [select and] report to the agency the [three]
  programs or categories described by Subdivision (1)(A) [under
  Section 39.0545(b)(1), as added by Chapter 211 (H.B. 5), Acts of the
  83rd Legislature, Regular Session, 2013,] under which the campus
  will evaluate campus performance;
                     (B)  submit to the agency the criteria the campus
  will use to evaluate campus performance and assign the campus a
  performance rating; and
                     (C)  make the information described by Paragraphs
  (A) and (B) available on the Internet website of the campus.
         SECTION 10.  Section 39.203(c), Education Code, is amended
  to read as follows:
         (c)  In addition to the distinction designations described
  by Subsections (a) and (b), a campus that satisfies the criteria
  developed under Section 39.204 shall be awarded a distinction
  designation by the commissioner for outstanding performance in
  academic achievement in reading [English language arts],
  mathematics, or science[, or social studies].
         SECTION 11.  Section 39.02301, Education Code, is repealed.
         SECTION 12.  Not later than September 1, 2018, the
  commissioner of education shall:
               (1)  adopt rules regarding alternative assessment
  instruments as required by Section 39.040, Education Code, as added
  by this Act; and
               (2)  request from the United States Department of
  Education a waiver from the application of any conflicting federal
  law or regulation as required by Section 39.040(d), Education Code,
  as added by this Act, or a written notification that a waiver is not
  required.
         SECTION 13.  This Act applies beginning with the 2017-2018
  school year.
         SECTION 14.  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, 2017.
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