85R6717 PAM-D
 
  By: González of El Paso H.B. No. 989
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to establishing a pilot program under which public schools
  may develop a portfolio method to assess secondary-level student
  performance for purposes of accountability and qualification for
  graduation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 39, Education Code, is
  amended by adding Section 39.02303 to read as follows:
         Sec. 39.02303.  PORTFOLIO ASSESSMENT PILOT PROGRAM FOR
  SECONDARY-LEVEL STUDENTS. (a) The commissioner shall establish a
  pilot program as provided by this section under which participating
  school districts may:
               (1)  implement a portfolio method to assess students
  enrolled in secondary-level courses; and
               (2)  use student performance under that method as a
  percentage of a student's overall performance on assessment
  instruments, in addition to the student's performance on assessment
  instruments required under Section 39.023(c), for purposes of
  accountability under this chapter and determining qualification
  for graduation.
         (b)  A school district may choose to participate in the pilot
  program established under this section by submitting to the
  commissioner for approval not later than May 1, 2018, a plan
  described by this subsection and approved by the board of trustees
  of the district. A school district that chooses to participate in
  the pilot program must create a committee that consists of teachers
  and administrators employed by and students enrolled in the
  district to develop a three-year plan that:
               (1)  specifies the goals and guiding principles for
  implementation of the district's portfolio assessment method;
               (2)  designates for assessment by the portfolio
  assessment method courses in:
                     (A)  Algebra I;
                     (B)  English I and English II; and
                     (C)  any other course as determined by the
  committee;
               (3)  specifies the essential knowledge and skills that
  must be addressed by the portfolio method of assessment for each
  course designated under Subdivision (2);
               (4)  provides for accommodations and any other support
  measures that comply with applicable federal law for students
  enrolled in a special education program under Subchapter A, Chapter
  29, and students of limited English proficiency, as defined by
  Section 29.052;
               (5)  includes requirements for using components of the
  portfolio assessment as: 
                     (A)  an interim formative assessment tool to
  provide the student the opportunity to further develop
  understanding and performance; and
                     (B)  a final summative assessment;
               (6)  includes the method for submitting student
  portfolios, which may include written submission, digital
  delivery, an oral defense presentation, or a combination of those
  methods; and
               (7)  includes a rubric for grading student portfolios
  as provided by Subsection (c).
         (c)  The rubric included in the plan developed under
  Subsection (b) must be developed by district teachers. In
  developing the rubric, the district teachers may incorporate
  suggestions from students enrolled in the district and community
  and business leaders. The rubric must be based on a 100-point scale
  scoring system and must establish a level of performance considered
  satisfactory and a level of performance necessary to indicate
  college readiness.
         (d)  Subject to the Family Educational Rights and Privacy Act
  of 1974 (20 U.S.C. Section 1232g), the plan developed under
  Subsection (b) may provide for the use of portfolio assessments for
  other purposes, including:
               (1)  to evaluate teacher performance;
               (2)  to assist in developing campus turnaround plans
  and other campus improvement initiatives under Subchapter E;
               (3)  to assist in communicating with the student's
  parents regarding the student's academic development; 
               (4)  to provide relevant information in admission,
  review, and dismissal committee and language proficiency
  assessment committee meetings;
               (5)  as a course completion requirement; or
               (6)  as a factor in determining a student's
  qualification for graduation by any committee established to make
  such a determination. 
         (e)  The commissioner shall review and make a determination
  on each plan submitted under this section on or before August 1,
  2018. To participate in the pilot program, a school district must
  implement a plan approved by the commissioner under this section
  beginning with the 2018-2019 school year. 
         (f)  A student's performance under the portfolio assessment
  method for a secondary-level course shall be combined with the
  student's performance on the comparable assessment instrument
  administered under Section 39.023(c) for that secondary-level
  course to determine the student's overall performance. For purposes
  of assigning districts and campuses a performance rating under
  Section 39.054, a student's performance under the portfolio
  assessment method for a secondary-level course is considered as 50
  percent of the student's overall performance. For purposes of
  determining whether a student performed satisfactorily on an
  end-of-course assessment instrument to qualify for graduation, a
  student's performance under the portfolio assessment method for a
  secondary-level course is considered as 65 percent of the student's
  overall performance.
         (g)  For purposes of assigning districts and campuses a
  performance rating under Section 39.054, the commissioner shall
  consider districts and campuses participating in the pilot program
  separately. The commissioner shall adopt rules to substitute a
  student's overall performance computed as provided by Subsection
  (f) for purposes of accountability for the student's performance on
  assessment instruments required under Section 39.023(c).
         (h)  A school district that participates in the pilot program
  shall provide student performance data to the agency as required by
  agency rule. The agency shall periodically review the performance
  data submitted under this subsection.
         (i)  The commissioner shall adopt rules as necessary to
  implement this section, including:
               (1)  rules for submitting to the commissioner for
  approval a plan described by Subsection (b) and subsequent
  amendments to the plan;
               (2)  rules for evaluating submitted plans and
  amendments described by Subdivision (1);
               (3)  rules for submitting student performance data to
  the agency as required under Subsection (h); and 
               (4)  any specific rules for school districts or
  campuses that are rated unacceptable and choose to participate in
  the pilot program under this section.
         (j)  Not later than September 1, 2022, the agency shall
  prepare and deliver to the governor, the lieutenant governor, the
  speaker of the house of representatives, and the presiding officer
  of each legislative standing committee with primary jurisdiction
  over primary and secondary education a report that:
               (1)  evaluates the implementation and performance
  results of the pilot program under this section; and
               (2)  makes recommendations regarding the feasibility
  of statewide application of establishing a portfolio method to
  assess secondary-level student performance for purposes of
  accountability and qualification for graduation.
         (k)  This section expires September 1, 2023.
         SECTION 2.  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.