Bill Text: TX HB21 | 2023 | 88th Legislature 3rd Special Session | Introduced
Bill Title: Relating to the use of interim testing and adaptive, growth-based assessment instruments for certain required assessments of public school students and prohibiting the use of the results of certain required assessments of public school students for certain purposes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-10-06 - Filed [HB21 Detail]
Download: Texas-2023-HB21-Introduced.html
| 88S30181 CXP-D | ||
| By: Shaheen | H.B. No. 21 | |
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| relating to the use of interim testing and adaptive, growth-based | ||
| assessment instruments for certain required assessments of public | ||
| school students and prohibiting the use of the results of certain | ||
| required assessments of public school students for certain | ||
| purposes. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter I, Chapter 21, Education Code, is | ||
| amended by adding Section 21.416 to read as follows: | ||
| Sec. 21.416. 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 39.0264 to read as follows: | ||
| Sec. 39.0264. SCHOOL DISTRICT ADOPTION AND ADMINISTRATION | ||
| OF 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) The commissioner shall apply to the United States | ||
| Department of Education for a waiver of the requirement under the | ||
| Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) to | ||
| administer the same assessment instruments to all public school | ||
| students. | ||
| (c) If the United States Department of Education grants a | ||
| waiver described by Subsection (b), a school district may adopt or | ||
| develop assessment instruments in accordance with this section and | ||
| administer those assessment instruments in lieu of the assessment | ||
| instruments required under Section 39.023(a), (b), or (n) in each | ||
| subject and at each grade level for which an assessment instrument | ||
| is required to be administered under Section 39.023(a). | ||
| (d) Each assessment instrument administered under this | ||
| section must be 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. | ||
| (e) An assessment instrument administered under this | ||
| section in an electronic format must be an adaptive, growth-based | ||
| assessment instrument. | ||
| (f) In adopting or developing assessment instruments under | ||
| this section, a school district may contract with a nonprofit | ||
| organization that specializes in developing adaptive, growth-based | ||
| assessment instruments. | ||
| (g) 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 (c), 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. | ||
| (h) A reference in law to an assessment instrument adopted | ||
| or developed under Section 39.023(a), (b), or (n) includes an | ||
| assessment instrument adopted or developed and administered by a | ||
| school district in accordance with a waiver described by Subsection | ||
| (b) and this section. | ||
| 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 administered under Section | ||
| 39.0264 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 2024-2025 | ||
| school year. | ||
| SECTION 5. Not later than May 1, 2024, the commissioner of | ||
| education shall apply to the United States Department of Education | ||
| for a waiver of the requirement under the Every Student Succeeds Act | ||
| (20 U.S.C. Section 6301 et seq.) to administer the same assessment | ||
| instruments to all public school students. | ||
| SECTION 6. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
