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A BILL TO BE ENTITLED
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AN ACT
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relating to establishing a pilot program under which public schools |
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may develop a portfolio method to assess student performance in |
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grades three through eight for purposes of accountability and |
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qualification for promotion. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 39, Education Code, is |
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amended by adding Section 39.02302 to read as follows: |
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Sec. 39.02302. PORTFOLIO ASSESSMENT PILOT PROGRAM FOR |
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GRADES THREE THROUGH EIGHT. (a) The commissioner shall establish a |
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pilot program as provided by this section under which participating |
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school districts may: |
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(1) implement a portfolio method to assess students in |
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grades three through eight; and |
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(2) use student performance under that method as a |
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percentage of a student's overall performance on assessment |
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instruments, in addition to the student's performance on assessment |
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instruments required under Sections 39.023(a), (b), and (l), for |
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purposes of accountability under this chapter and qualification for |
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promotion under Section 28.0211. |
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(b) A school district may choose to participate in the pilot |
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program established under this section by submitting to the |
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commissioner for approval not later than May 1, 2018, a plan |
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described by this subsection and approved by the board of trustees |
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of the district. A school district that chooses to participate in |
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the pilot program must create a committee that consists of teachers |
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and administrators employed by and students enrolled in the |
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district to develop a three-year plan that: |
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(1) specifies the goals and guiding principles for |
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implementation of the district's portfolio assessment method; |
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(2) designates for assessment by the portfolio |
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assessment method: |
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(A) English language arts; |
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(B) mathematics; and |
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(C) any other subject as determined by the |
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committee; |
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(3) specifies the essential knowledge and skills that |
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must be addressed by the portfolio method of assessment for each |
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subject designated under Subdivision (2); |
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(4) designates the grades subject to portfolio |
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assessment; |
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(5) provides for accommodations and any other support |
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measures that comply with applicable federal law for students |
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enrolled in a special education program under Subchapter A, Chapter |
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29, and students of limited English proficiency, as defined by |
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Section 29.052; |
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(6) includes requirements for using components of the |
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portfolio assessment as: |
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(A) an interim formative assessment tool to |
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provide the student the opportunity to further develop |
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understanding and performance; and |
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(B) a final summative assessment; |
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(7) includes the method of submitting student |
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portfolios, which may include written submission, digital |
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delivery, an oral defense presentation, or a combination of those |
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methods; and |
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(8) includes a rubric for grading student portfolios |
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as provided by Subsection (c). |
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(c) The rubric included in the plan developed under |
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Subsection (b) must be developed by district teachers. In |
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developing the rubric, the district teachers may incorporate |
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suggestions from students enrolled in the district and community |
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and business leaders. The rubric must be based on a 100-point scale |
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scoring system and must establish a level of performance considered |
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satisfactory and a level of performance necessary to indicate |
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college readiness. |
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(d) Subject to the Family Educational Rights and Privacy Act |
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of 1974 (20 U.S.C. Section 1232g), the plan developed under |
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Subsection (b) may provide for the use of portfolio assessments for |
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other purposes, including to: |
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(1) evaluate teacher performance; |
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(2) assist in developing campus turnaround plans and |
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other campus improvement initiatives under Subchapter E; |
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(3) assist in communicating with the student's parents |
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regarding the student's academic development; or |
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(4) provide relevant information in admission, |
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review, and dismissal committee and language proficiency |
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assessment committee meetings. |
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(e) The commissioner shall review and make a determination |
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on each plan submitted under this section on or before August 1, |
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2018. To participate in the pilot program, a school district must |
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implement a plan approved by the commissioner under this section |
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beginning with the 2018-2019 school year. |
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(f) For purposes of the pilot program, if a scale score |
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required for satisfactory performance under Section 39.0241(a) on |
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an assessment instrument required under Section 39.023(a), (b), or |
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(l) is not based on a 100-point scale scoring system, the |
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commissioner shall provide for a conversion, in accordance with |
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commissioner rule, of the scale score to an equivalent score based |
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on a 100-point scale scoring system. A student's performance under |
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the portfolio assessment method for a grade and subject shall be |
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combined with the student's performance on the assessment |
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instrument administered under Section 39.023(a), (b), or (l), as |
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applicable, for that grade and subject to determine the student's |
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overall performance. For purposes of assigning districts and |
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campuses a performance rating under Section 39.054, a student's |
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performance under the portfolio assessment method for a grade and |
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subject is considered as 50 percent of the student's overall |
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performance. For purposes of determining whether a student |
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performed satisfactorily on an assessment instrument required |
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under Section 28.0211 to qualify for promotion, a student's |
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performance under the portfolio assessment method for the |
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applicable grade and subject is considered as 65 percent of the |
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student's overall performance. |
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(g) For purposes of assigning districts and campuses a |
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performance rating under Section 39.054, the commissioner shall |
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consider districts and campuses participating in the pilot program |
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separately. The commissioner shall adopt rules to substitute a |
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student's overall performance computed as provided by Subsection |
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(f) for purposes of accountability for the student's performance on |
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assessment instruments required under Section 39.023(a), (b), or |
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(l), as applicable. |
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(h) A school district that participates in the pilot program |
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shall provide student performance data to the agency as required by |
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agency rule. The agency shall periodically review the performance |
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data submitted under this subsection. |
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(i) The commissioner shall adopt rules as necessary to |
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implement this section, including: |
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(1) rules for submitting to the commissioner for |
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approval a plan described by Subsection (b) and subsequent |
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amendments to the plan; |
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(2) rules for evaluating submitted plans and |
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amendments described by Subdivision (1); |
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(3) rules for submitting student performance data to |
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the agency as required under Subsection (h); and |
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(4) any specific rules for school districts or |
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campuses that are rated unacceptable and choose to participate in |
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the pilot program under this section. |
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(j) Not later than September 1, 2022, the agency shall |
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prepare and deliver to the governor, the lieutenant governor, the |
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speaker of the house of representatives, and the presiding officer |
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of each legislative standing committee with primary jurisdiction |
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over primary and secondary education a report that: |
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(1) evaluates the implementation and performance |
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results of the pilot program under this section; and |
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(2) makes recommendations regarding the feasibility |
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of statewide application of establishing a portfolio method to |
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assess student performance in grades three through eight for |
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purposes of accountability and qualification for promotion. |
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(k) This section expires September 1, 2023. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |