Bill Text: TX SB2401 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the administration of state assessments.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2019-03-21 - Referred to Education [SB2401 Detail]
Download: Texas-2019-SB2401-Introduced.html
By: Menéndez | S.B. No. 2401 | |
|
||
|
||
relating to the administration of state assessments. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 39.23, Education Code, is amended by a | ||
adding Subsection (a-14) and (q) and amending (a-11) and (e) to read | ||
as follows: | ||
(a-11) Before an assessment instrument adopted or developed | ||
under Subsection (a) may be administered under that subsection, the | ||
assessment instrument must, on the basis of empirical evidence, be | ||
determined to be valid and reliable by an entity that is independent | ||
of the agency and of any other entity that developed the assessment | ||
instrument. To the extent practicable, each assessment must also | ||
be evaluated by an independent group of qualified educators with | ||
Texas teaching experience for readability within the grade level | ||
assessed, and each assessment item of sufficient length must be | ||
separately evaluated for readability within the grade level | ||
assessed before being field-tested under subsection (d). A | ||
determination of readability must consider available correlations | ||
with other assessments commonly used by Texas school districts, and | ||
shall be verified by an independent group of qualified educators | ||
with Texas teaching experience. The commissioner shall hold a | ||
public hearing before making a determination as to readability of | ||
assessments and before any decision under this section. | ||
(a-14) Each reading assessment instrument adopted or | ||
developed under Subsection (a) shall be comprised of assessment | ||
passages, items or questions that are aligned with the essential | ||
skills and knowledge established by the State Board of Education | ||
under Section 39.021 for a course, subject, and grade level, and | ||
that have been determined to be written at the independent reading | ||
level based on multiple generally accepted reliable measures of | ||
readability and as verified by an independent group of qualified | ||
educators with Texas teaching experience. | ||
(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. At the time that the agency | ||
releases the questions and answer keys for an assessment | ||
instrument, the agency also shall release the measures of | ||
readability for each question and reading passage as determined | ||
under Subsection (a-14). | ||
(q) The State Board of Education shall periodically review, | ||
at least once each year, the assessment instruments adopted or | ||
developed under Subsection (a) and the measure of readability | ||
determined under Subsection (a-14). Any review of assessment | ||
instruments and measures of readability that have not been released | ||
under Subsection (e) may be conducted in closed session. | ||
SECTION 2. Subchapter B, Chapter 39, Education Code, is | ||
amended by adding Section 39.02302 to read as follows: | ||
Sec. 39.02302. TRANSITION FOR READABILITY MEASURES. (a) No | ||
later than November 1, 2019, the commissioner shall complete an | ||
evaluation of readability within grade level of each assessment | ||
required under Section 39.023(a) and administered during or | ||
following the 2018-2019 and 2019-2020 school years and provide the | ||
results of the evaluation to each legislative oversight committee | ||
and the governor. | ||
(b) State assessment performance labels and numeric values, | ||
(including, but not limited to the following: approaches, meets, | ||
and masters grade level), sanctions, interventions and SSI | ||
promotion requirements shall not be applied to students, campuses | ||
or districts based on the results of the 2018-2019 state | ||
assessments unless: | ||
(1) a district or campus moves from an unacceptable to | ||
an acceptable rating; and | ||
(2) allows a student to comply with a high school | ||
graduation requirement based on successful performance on an | ||
assessment. | ||
(c) State assessment instruments shall not be | ||
administered during the 2019-2020 or any later school year unless | ||
they meet the readability standards in section 39.023(a-11) and | ||
(a-14). If an assessment instrument does not meet the readability | ||
standards in section 39.023 (a-11) and (a-14), the Commissioner | ||
shall request a federal waiver, if needed, from the requirements of | ||
the Every Student Succeeds Act (ESSA)(20 U.S.C. Section 6301 et | ||
seq.) to comply with this section. | ||
(d) To the extent a state assessment is not available | ||
that meets the requirements of section 39.023(a-11) and (a-14) for | ||
the 2019-2020 school year, the commissioner shall: | ||
(1) request a waiver as necessary to comply with | ||
this section; | ||
(2) except as provided by subsection (3), not | ||
assign a state district or campus rating, impose any district or | ||
campus sanction, or require any student promotion condition that is | ||
based in whole or in part on an assessment not meeting the | ||
requirements of section 39.023(a-11) and (a-14) unless expressly | ||
required by federal law and is not waived; and | ||
(3) assign a district or campus rating based in | ||
whole or in part on an assessment not meeting the requirements of | ||
section 39.023(a-11) and (a-14) only to the extent a district or | ||
campus moves from an unacceptable to an acceptable rating. | ||
(e) Nothing in this section shall be construed to limit the | ||
ability of a student to comply with a high school graduation | ||
requirement based on successful performance on an assessment. | ||
(f) This section expires September 1, 2021. | ||
SECTION 3. Section 39.0241(a), Education Code, is amended | ||
to read as follows: | ||
(a) The commissioner shall determine the level of | ||
performance considered to be satisfactory on the assessment | ||
instruments |
||
based on grade level expectations for a course or subject and shall | ||
be consistent with other indicators of grade level performance, | ||
including the measures of readability determined under Subsection | ||
39.023(a-14). | ||
SECTION 4. This Act applies beginning with the 2019-2020 | ||
school year. | ||
SECTION 5. 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, 2019. |