88R22878 AMF-F
	By: Bell of Kaufman, Buckley, VanDeaver,	H.B. No. 4402
	Landgraf, Talarico, et al.
	Substitute the following for H.B. No. 4402:
	By:  Buckley	C.S.H.B. No. 4402

	A BILL TO BE ENTITLED
	AN ACT
	relating to the administration of certain assessment instruments,
	the accountability rating system for assessing campus and district
	performance, and an extracurricular and cocurricular allotment
	under the Foundation School Program.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Sections 39.023(e), (h), and (o), Education
	Code, are amended to read as follows:
	(e)  Under rules adopted by the State Board of Education,
	every [third] year, the agency shall release the questions and
	answer keys to each assessment instrument administered under
	Subsection (a), (b), (c), (d), or (l), excluding any assessment
	instrument administered to a student for the purpose of retaking
	the assessment instrument, after the last time the instrument is
	administered for that school year. To ensure a valid bank of
	questions for use each year, the agency is not required to release a
	question that is being field-tested and was not used to compute the
	student's score on the instrument. The agency shall also release,
	under board rule, each question that is no longer being
	field-tested and that was not used to compute a student's score.
	[During the 2014-2015 and 2015-2016 school years, the agency shall
	release the questions and answer keys to assessment instruments as
	described by this subsection each year.]
	(h)  The agency shall notify school districts and campuses of
	the results of assessment instruments administered under this
	section not later than the 21st day after the last date on which the
	assessment instrument may be [is] administered, except that the
	agency may delay the notification if necessary to maintain validity
	and reliability standards. The school district shall disclose to
	each district teacher the results of assessment instruments
	administered to students taught by the teacher in the subject for
	the school year in which the assessment instrument is administered.
	(o)  The agency shall adopt or develop optional interim
	assessment instruments for each subject or course for each grade
	level for which a through-year assessment instrument under Section
	39.0236 is not required [subject to assessment under this section].
	A school district or open-enrollment charter school may not be
	required to administer interim assessment instruments adopted or
	developed under this subsection. An interim assessment instrument:
	(1)  must be:
	(A)  when possible, predictive of the assessment
	instrument for the applicable subject or course for that grade
	level required under this section; and
	(B)  administered electronically; and
	(2)  may not be used for accountability purposes.
	SECTION 2.  Subchapter B, Chapter 39, Education Code, is
	amended by adding Section 39.02342 to read as follows:
	Sec. 39.02342.  PAPER ADMINISTRATION OF ASSESSMENT
	INSTRUMENTS ON REQUEST. (a)  Subject to Subsection (c), a school
	district shall administer an assessment instrument required under
	Section 39.023(a), (c), or (l) in paper format to any student whose
	parent or guardian requests the assessment instrument be
	administered to the student in paper format.
	(b)  A request for the administration of an assessment
	instrument in paper format to a student under this section must be
	submitted to the school district not later than December 1 of the
	school year in which the assessment instrument will be
	administered.
	(c)  The number of students enrolled at a school district who
	are administered an assessment instrument in paper format for any
	single administration under this section may not exceed one percent
	of the number of students enrolled in the district.  On receipt of
	more requests for administration of an assessment instrument than
	the maximum number permitted under this subsection, the district
	shall accept the requests in the order received until the maximum
	number is reached.
	SECTION 3.  Section 39.0236, Education Code, is amended to
	read as follows:
	Sec. 39.0236.  THROUGH-YEAR [INTEGRATED FORMATIVE]
	ASSESSMENT [PILOT] PROGRAM. (a) Notwithstanding any other law and
	except as otherwise provided by commissioner rule, beginning with
	the 2027-2028 school year, the agency shall adopt or develop a
	through-year assessment for each subject and grade for which an
	assessment instrument is required under Section 39.023(a) or (c),
	including a through-year assessment in Spanish for administration
	to emergent bilingual students, as required under Section
	39.023(l), for each subject and grade level for which an assessment
	instrument in Spanish may be administered under that subsection. A
	through-year assessment adopted or developed under this section
	shall consist of the administration of not fewer than three
	assessment instruments over the course of a school year [The agency
	shall establish a pilot program in which participating school
	districts administer to students integrated formative assessment
	instruments for subjects or courses for a grade level subject to
	assessment under Section 28.006 or 39.023].
	(b)  The agency shall develop and implement a plan to
	transition each assessment instrument required under Sections
	39.023(a), (c), and (l) to a through-year assessment instrument
	beginning with the 2027-2028 school year. The plan must:
	(1)  evaluate the administration of through-year
	assessment instruments in this state, including an analysis of
	instructional support improvements provided by school districts
	administering through-year assessment instruments; and
	(2)  identify the actions necessary to improve the
	administration of through-year assessment instruments, including
	necessary changes to state law or policy [A school district may
	elect to participate in the pilot program].
	(c)  The agency may require a school district to:
	(1)  participate in a pilot program for the
	administration of through-year assessment instruments to district
	students; and
	(2)  report information to the agency regarding the
	implementation of through-year assessment instruments under this
	section [A school district's participation in the pilot program
	does not affect the district's obligations regarding the
	administration of assessment instruments required under Section
	39.023].
	(d)  The score on a through-year assessment instrument
	administered to a student in grades three through eight shall be
	calculated as a summative score of each instrument administered
	during the school year as part of the through-year assessment.  The
	commissioner shall adopt rules regarding the relative weights that
	must be given to each individual assessment instrument administered
	as part of the through-year assessment [Not later than December 1 of
	each even-numbered year, the agency shall submit to the governor,
	the lieutenant governor, and the members of the legislature a
	report on the pilot program that includes:
	[(1)  an analysis of whether the administration of
	integrated formative assessment instruments under the pilot
	program provided any improvement in instructional support during
	the preceding two school years; and
	[(2)  a determination of the feasibility of replacing
	the assessment instruments required under Section 39.023 with
	integrated formative assessment instruments].
	SECTION 4.  Section 39.053, Education Code, is amended by
	amending Subsections (c) and (c-2) and adding Subsections (c-4) and
	(c-5) to read as follows:
	(c)  School districts and campuses must be evaluated based on
	three domains of indicators of achievement adopted under this
	section that include:
	(1)  in the student achievement domain, indicators of
	student achievement that must include:
	(A)  for evaluating the performance of districts
	and campuses generally:
	(i)  an indicator that accounts for the
	results of assessment instruments required under Sections
	39.023(a), (c), and (l), as applicable for the district and campus,
	[including the results of assessment instruments required for
	graduation retaken by a student,] aggregated across grade levels by
	subject area, including:
	(a)  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
	(b)  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]
	(ii)  an indicator that accounts for the
	results of assessment instruments required under Section
	39.023(b), as applicable for the district and campus, 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;
	(iii)  an indicator that accounts for
	extracurricular and cocurricular student success in accordance
	with Section 39.0533;
	(iv)  an indicator that accounts for student
	and parent satisfaction in accordance with Section 39.0534; and
	(v)  an indicator that accounts for middle
	school student success in accelerated mathematics; and
	(B)  for evaluating the performance of high school
	campuses and districts that include high school campuses,
	indicators that account for:
	(i)  students who satisfy the Texas Success
	Initiative (TSI) college readiness benchmarks prescribed by the
	Texas Higher Education Coordinating Board under Section 51.334 on
	an assessment instrument in reading or mathematics designated by
	the coordinating board under that section;
	(ii)  students who satisfy relevant
	performance standards on advanced placement tests or similar
	assessments;
	(iii)  students who earn dual course credits
	in the dual credit courses;
	(iv)  students who enlist in the armed
	forces of the United States or the Texas National Guard;
	(v)  students who earn industry
	certifications;
	(vi)  students admitted into postsecondary
	industry certification programs that require as a prerequisite for
	entrance successful performance at the secondary level;
	(vii)  students whose successful completion
	of a course or courses under Section 28.014 indicates the student's
	preparation to enroll and succeed, without remediation, in an
	entry-level general education course for a baccalaureate degree or
	associate degree;
	(viii)  students who successfully met
	standards on a composite of indicators that through research
	indicates the student's preparation to enroll and succeed, without
	remediation, in an entry-level general education course for a
	baccalaureate degree or associate degree;
	(ix)  high school graduation rates, computed
	in accordance with standards and definitions adopted in compliance
	with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.)
	subject to the exclusions provided by Subsections (g), (g-1),
	(g-2), (g-3), and (g-4);
	(x)  students who successfully completed an
	OnRamps dual enrollment course;
	(xi)  students who successfully completed a
	practicum or internship approved by the State Board of Education;
	(xii)  students who are awarded an associate
	degree; and
	(xiii)  students who successfully completed
	a program of study in career and technical education;
	(2)  in the school progress domain, indicators for
	effectiveness in promoting student learning, which must include:
	(A)  for assessment instruments, including
	assessment instruments under Subdivisions (1)(A)(i) and (ii), the
	percentage of students who met the standard for improvement, as
	determined by the commissioner; and
	(B)  for evaluating relative performance, the
	performance of districts and campuses compared to similar districts
	or campuses; and
	(3)  in the closing the gaps domain, the use of
	disaggregated data to demonstrate the differentials among students
	from different racial and ethnic groups and [,] socioeconomic
	backgrounds[, and other factors, including:
	[(A)  students formerly receiving special
	education services;
	[(B)  students continuously enrolled; and
	[(C)  students who are mobile].
	(c-2)  The commissioner by rule shall determine a method by
	which a student's performance may be included in determining the
	performance rating of a school district or campus under Section
	39.054 if, before the student graduates, the student[:
	[(1)]  satisfies the Texas Success Initiative (TSI)
	college readiness benchmarks prescribed by the Texas Higher
	Education Coordinating Board under Section 51.334 on an assessment
	instrument designated by the coordinating board under that section
	[; or
	[(2) performs satisfactorily on an assessment
	instrument under Section 39.023(c), notwithstanding Subsection (d)
	of this section].
	(c-4)  Notwithstanding any other provision of this section,
	an indicator adopted under Subsection (c) may not be included in
	determining the performance rating of a school district or campus
	under Section 39.054 unless it has been determined to be valid and
	reliable by the commissioner and through a peer review process.
	(c-5)  In calculating the performance of a campus providing
	instruction in grades three through eight in the student
	achievement domain under Subsection (c)(1):
	(1)  indicators adopted under Subsections (c)(1)(A)(i)
	and (ii) may not collectively contribute more than 80 percent of the
	score assigned to the campus; and
	(2)  indicators adopted under Subsections
	(c)(1)(A)(iii), (iv), and (v) may not collectively contribute more
	than 20 percent of the score assigned to the campus.
	SECTION 5.  Sections 39.0533(a), (b), and (c), Education
	Code, are amended to read as follows:
	(a)  Beginning with the 2027-2028 school year, the [The]
	commissioner shall [study the feasibility of incorporating] adopt
	for evaluating school district and campus performance under this
	subchapter an indicator that accounts for student participation in
	extracurricular and cocurricular activities as provided by Section
	39.053(c)(1)(A)(iii) [student activity].
	(b)  In adopting an indicator under Subsection (a), the
	commissioner may [If the commissioner determines that an
	extracurricular and cocurricular student activity indicator is
	appropriate, the commissioner may adopt the indicator.
	[(b)  To determine the feasibility of adopting an indicator
	under this section, the commissioner may] require a school district
	or campus to:
	(1)  participate in a pilot program implementing an
	indicator under Subsection (a); or
	(2)  implement components of and report requested
	information necessary to develop and implement an indicator under
	Subsection (a) [relating to extracurricular and cocurricular
	student activity].
	(c)  The commissioner shall [may] establish an advisory
	committee to assist in developing and [determining the feasibility
	of] incorporating the [an extracurricular and cocurricular student
	activity] indicator under Subsection (a) [for evaluating school
	district and campus performance].
	SECTION 6.  Subchapter C, Chapter 39, Education Code, is
	amended by adding Sections 39.0534 and 39.0547 to read as follows:
	Sec. 39.0534.  STUDENT AND PARENT SATISFACTION INDICATORS.
	(a) Before the beginning of the 2027-2028 school year, the
	commissioner shall adopt for the evaluation of school district and
	campus performance under this subchapter indicators that account
	for student and parent satisfaction as provided by Section
	39.053(c)(1)(A)(iv) as measured by a survey conducted by a school
	district.
	(b)  In adopting an indicator under Subsection (a), the
	commissioner may require a school district or campus to:
	(1)  participate in a pilot program implementing an
	indicator under Subsection (a); or
	(2)  implement components and report requested
	information relating to student and parent satisfaction necessary
	to implement an indicator required by this section.
	(c)  The commissioner shall establish an advisory committee
	to assist in developing and adopting the indicators required by
	this section.
	(d)  A school district may not conduct a survey of student or
	parent satisfaction for purposes of measuring student or parent
	satisfaction under this section unless the State Board of Education
	first approves the content of the survey.
	Sec. 39.0547.  LOCAL ACCOUNTABILITY SYSTEM GRANT PROGRAM.
	From money appropriated for that purpose, the agency shall provide
	grants to school districts and open-enrollment charter schools for
	the planning and implementation of local accountability systems
	under Section 39.0544.
	SECTION 7.  Subchapter C, Chapter 48, Education Code, is
	amended by adding Section 48.116 to read as follows:
	Sec. 48.116.  EXTRACURRICULAR AND COCURRICULAR ALLOTMENT. A
	school district is entitled to an annual allotment for each student
	in average daily attendance equal to the basic allotment, or, if
	applicable, the sum of the basic allotment and the allotment under
	Section 48.101 to which the district is entitled, multiplied by
	.003.
	SECTION 8.  Sections 39.023(g) and 39.0533(d) and (e),
	Education Code, are repealed.
	SECTION 9.  This Act applies beginning with the 2023-2024
	school year.
	SECTION 10.  (a) Except as provided by Subsection (b) of this
	section, 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, 2023.
	(b)  Section 48.116, Education Code, as added by this Act,
	takes effect September 1, 2023.