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A BILL TO BE ENTITLED
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AN ACT
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relating to the authorization of alternative assessment |
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instruments for use under the public school accountability system. |
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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 39.040 to read as follows: |
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Sec. 39.040. ALTERNATIVE ASSESSMENT INSTRUMENTS. (a) The |
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commissioner by rule shall adopt procedures to identify nationally |
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recognized, norm-referenced assessment instruments as additional |
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alternative assessment instruments that may be used to evaluate |
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student achievement for purposes of complying with accountability |
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requirements under this chapter. |
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(b) Additional alternative assessment instruments |
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identified as provided by Subsection (a) may be used: |
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(1) for grades three through eight, provided that the |
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commissioner obtains any necessary waiver from the application of |
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any conflicting federal law or regulation as provided by Subsection |
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(d); and |
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(2) for secondary-level courses. |
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(c) The procedures adopted to identify all additional |
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alternative assessment instruments under Subsection (a) must be |
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consistent with the federal procedures required by the Every |
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Student Succeeds Act (20 U.S.C. Section 6311) for state approval of |
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nationally recognized high school academic assessment instruments |
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that are available for local selection, including requiring each |
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additional alternative assessment instrument identified to be |
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aligned with the essential knowledge and skills for the appropriate |
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grade level in the subject assessed. |
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(d) For purposes of using additional alternative assessment |
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instruments in grades three through eight, the commissioner shall |
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seek a waiver from the application of any conflicting federal law or |
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regulation as a result of the use of multiple assessment |
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instruments for assessing students in the same grade. |
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SECTION 2. Not later than September 1, 2018, the |
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commissioner of education shall: |
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(1) adopt rules regarding alternative assessment |
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instruments as required by Section 39.040, Education Code, as added |
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by this Act; and |
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(2) request from the United States Department of |
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Education a waiver from the application of any conflicting federal |
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law or regulation as required by Section 39.040(d), Education Code, |
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as added by this Act, or a written notification that a waiver is not |
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required. |
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SECTION 3. 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. |