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.