Shaheen Bill Still Lets Test Scores Drive Teacher Pay

The text as introduced · 691 words

89R3466 KJE-D

By: Shaheen
H.B. No. 1095

A BILL TO BE ENTITLED

AN ACT

relating to the use of interim testing and adaptive, growth-based

assessment instruments for certain required assessments of public

school students and prohibiting the use of the results of certain

required assessments of public school students for certain

purposes.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter I, Chapter 21, Education Code, is

amended by adding Section 21.417 to read as follows:

Sec. 21.417. PROHIBITING USE OF CERTAIN ASSESSMENT

INSTRUMENTS AS SOLE CRITERION IN TEACHER EVALUATION OR

COMPENSATION. The results of an assessment instrument administered

under Section 39.023(a), (b), or (n) may not be used as the sole

criterion in evaluating teacher performance or determining teacher

compensation.

SECTION 2. Subchapter B, Chapter 39, Education Code, is

amended by adding Section 39.0264 to read as follows:

Sec. 39.0264. SCHOOL DISTRICT ADOPTION AND ADMINISTRATION

OF INTERIM TESTING AND ADAPTIVE, GROWTH-BASED ASSESSMENT

INSTRUMENTS. (a) In this section, "adaptive, growth-based

assessment instrument" means an assessment instrument that:

(1) adjusts the level of difficulty for each student

during administration of the assessment instrument to match the

knowledge and ability demonstrated by the student on the assessment

instrument; and

(2) measures each student's academic progress over a

period of time, regardless of the student's age, grade level, or

performance in class.

(b) The commissioner shall apply to the United States

Department of Education for a waiver of the requirement under the

Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) to

administer the same assessment instruments to all public school

students.

(c) If the United States Department of Education grants a

waiver described by Subsection (b), a school district may adopt or

develop assessment instruments in accordance with this section and

administer those assessment instruments in lieu of the assessment

instruments required under Section 39.023(a), (b), or (n) in each

subject and at each grade level for which an assessment instrument

is required to be administered under Section 39.023(a).

(d) Each assessment instrument administered under this

section must be administered during the school year through

statewide interim assessments. The results of the interim

assessments for each subject shall be combined to determine a

single summative score on that assessment instrument for each

student in the manner established by commissioner rule.

(e) An assessment instrument administered under this

section in an electronic format must be an adaptive, growth-based

assessment instrument.

(f) In adopting or developing assessment instruments under

this section, a school district may contract with a nonprofit

organization that specializes in developing adaptive, growth-based

assessment instruments.

(g) The commissioner shall adopt rules as necessary to

implement this section, including rules:

(1) providing the number and timing of the

administration of the statewide interim assessments to be

administered to a student for each assessment instrument described

by Subsection (c), which must include at least:

(A) one interim assessment administered at the

beginning of the school year; and

(B) one interim assessment administered at the

end of the school year; and

(2) establishing the criteria necessary to ensure an

assessment instrument is an adaptive, growth-based assessment

instrument.

(h) A reference in law to an assessment instrument adopted

or developed under Section 39.023(a), (b), or (n) includes an

assessment instrument adopted or developed and administered by a

school district in accordance with a waiver described by Subsection

(b) and this section.

SECTION 3. Section 39.053, Education Code, is amended by

adding Subsection (c-4) to read as follows:

(c-4) For purposes of Subsection (c)(2)(A), a student's

improvement on an assessment instrument administered under Section

39.0264 must be measured from the beginning of the school year for

which the district or campus is being evaluated to the end of that

school year.

SECTION 4. This Act applies beginning with the 2026-2027

school year.

SECTION 5. Not later than January 1, 2026, the commissioner

of education shall apply to the United States Department of

Education for a waiver of the requirement under the Every Student

Succeeds Act (20 U.S.C. Section 6301 et seq.) to administer the same

assessment instruments to all public school students.

SECTION 6. This Act takes effect September 1, 2025.