Bill Text: TX SB837 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to establishing a pilot program under which public schools may use a digital portfolio method to assess student performance in grades three through eight for purposes of accountability and qualification for promotion.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-01 - Referred to Education [SB837 Detail]
Download: Texas-2019-SB837-Introduced.html
86R3422 MM-D | ||
By: West | S.B. No. 837 |
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relating to establishing a pilot program under which public schools | ||
may use a digital portfolio method to assess student performance in | ||
grades three through eight for purposes of accountability and | ||
qualification for promotion. | ||
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. DIGITAL PORTFOLIO ASSESSMENT PILOT PROGRAM | ||
FOR GRADES THREE THROUGH EIGHT. (a) The commissioner shall | ||
establish a pilot program as provided by this section under which | ||
participating school districts may: | ||
(1) implement a digital portfolio method to assess | ||
students in grades three through eight using the services of an | ||
entity selected by the agency under Subsection (e); 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 Sections 39.023(a), (b), and (l), for | ||
purposes of accountability under this chapter and qualification for | ||
promotion under Section 28.0211. | ||
(b) A school district may apply to participate in the pilot | ||
program established under this section by submitting to the | ||
commissioner for approval not later than May 1, 2020, a plan | ||
described by Subsection (d) and approved by the board of trustees of | ||
the district. | ||
(c) A school district that applies to participate in the | ||
pilot program must create a committee to develop the plan described | ||
by Subsection (d). The committee: | ||
(1) must consist of: | ||
(A) teachers and administrators employed by the | ||
district, including those who have experience serving special | ||
populations; | ||
(B) at least two students enrolled in the | ||
district; | ||
(C) parents of students enrolled in the district; | ||
and | ||
(D) community or business leaders; and | ||
(2) to the extent practicable, may include: | ||
(A) representatives of the regional education | ||
service center that serves the district; and | ||
(B) representatives of institutions of higher | ||
education. | ||
(d) The committee created under Subsection (c) shall | ||
develop a three-year plan that: | ||
(1) specifies the goals and guiding principles for | ||
implementation of the district's digital portfolio assessment | ||
method; | ||
(2) designates for assessment by the digital portfolio | ||
assessment method: | ||
(A) English language arts; | ||
(B) mathematics; | ||
(C) science; or | ||
(D) any other subject as determined by the | ||
committee; | ||
(3) specifies the essential knowledge and skills that | ||
must be addressed by the digital portfolio method of assessment for | ||
each subject designated under Subdivision (2); | ||
(4) designates the grades subject to digital portfolio | ||
assessment; | ||
(5) 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; | ||
(6) provides for the digital submission of student | ||
portfolios and identifies the type of student work samples that may | ||
be uploaded into a digital format, which may include written work, | ||
digitally delivered work, an oral defense presentation, or a | ||
combination of those types of work samples; and | ||
(7) includes a schedule for grading digitally | ||
submitted student portfolios. | ||
(e) The agency shall contract with a single entity to | ||
facilitate the use of the digital portfolio method of assessment by | ||
school districts participating in the pilot program. To be | ||
eligible for a contract under this subsection, an entity must | ||
specialize in developing digital portfolios for an educational | ||
purpose and have experience with school districts in the state in | ||
implementing digital portfolio methods to assess students, | ||
including the ability to upload multiple types of student work | ||
samples into a digital format. The contract with the entity must | ||
require that the entity: | ||
(1) provide an appropriate and secure digital platform | ||
that can be accessed by students, teachers, administrators, and | ||
individuals responsible for grading the digitally submitted | ||
student portfolios; | ||
(2) develop a rubric for grading digitally submitted | ||
student portfolios that complies with Subsection (f); and | ||
(3) ensure that: | ||
(A) the platform provided by the entity allows | ||
for: | ||
(i) grading of the digitally submitted | ||
student portfolios by an individual who is not affiliated with the | ||
entity and in conformity with the assignment process adopted under | ||
Subsection (h); and | ||
(ii) delivery of the digitally submitted | ||
student portfolio scores coded by student identification number to | ||
school districts; and | ||
(B) individuals responsible for grading the | ||
digitally submitted student portfolios do not have access to | ||
identifying information about the students. | ||
(f) The entity contracted under Subsection (e) must develop | ||
a rubric for grading digitally submitted student portfolios in | ||
coordination with various stakeholders, including subject matter | ||
experts. The rubric developed under this subsection must: | ||
(1) be capable of being used statewide; | ||
(2) be based on a 100-point scale scoring system; | ||
(3) establish a level of performance considered | ||
satisfactory and a level of performance necessary to indicate | ||
college readiness; | ||
(4) provide for accommodations 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) be able to be presented in a digital format; and | ||
(6) be approved by the agency. | ||
(g) The agency, in coordination with regional education | ||
service centers, shall adopt rules to establish a process by which | ||
an individual may apply to be approved to grade digitally submitted | ||
student portfolios. The rules must require that the individual: | ||
(1) be a teacher, retired teacher, or other educator; | ||
(2) submit the individual's identifying information, | ||
including providing each school district and campus where the | ||
individual is working or has worked; | ||
(3) submit a copy of the individual's educator | ||
certification issued by the State Board for Educator Certification, | ||
which may include a probationary, current, or expired certificate, | ||
as appropriate, but may not include a revoked certificate; and | ||
(4) submit an electronically signed statement | ||
declaring that the individual will grade each digitally submitted | ||
student portfolio with honesty and integrity, without bias, and | ||
will decline to grade a digitally submitted student portfolio if | ||
the individual is aware of a connection between the individual and | ||
that student as described by Subsection (h). | ||
(h) The agency, in coordination with regional education | ||
service centers, shall adopt rules to develop a process for | ||
assigning individuals to grade digitally submitted student | ||
portfolios. The rules must provide that an individual will not be | ||
responsible for grading the digitally submitted portfolio of a | ||
student who is enrolled at the campus where the individual is | ||
working or has worked or, to the extent practicable, who is enrolled | ||
in the district where the individual is working or has worked. The | ||
agency may use any available revenue, including legislative | ||
appropriations, and may solicit gifts, grants, and donations to | ||
compensate individuals responsible for grading digitally submitted | ||
student portfolios. | ||
(i) Subject to the Family Educational Rights and Privacy Act | ||
of 1974 (20 U.S.C. Section 1232g), the plan developed under | ||
Subsection (d) may provide for the use of digital portfolio | ||
assessments for other purposes, including to: | ||
(1) assist in developing campus turnaround plans and | ||
other campus improvement initiatives under Chapter 39A; | ||
(2) assist in communicating with the student's parents | ||
regarding the student's academic development; or | ||
(3) provide relevant information in admission, | ||
review, and dismissal committee and language proficiency | ||
assessment committee meetings. | ||
(j) On or before August 1, 2020, the commissioner shall | ||
review and select school districts for participation in the pilot | ||
program based on the plans submitted by school districts under this | ||
section. In making selections for participation in the pilot | ||
program, the commissioner, to the extent feasible, must include at | ||
least one large urban district, one medium-sized district, and one | ||
rural district, all of which provide a student enrollment for the | ||
pilot program that is representative of the economic, linguistic, | ||
racial, ethnic, and geographic diversity of this state. To | ||
participate in the pilot program, a school district must implement | ||
a plan approved by the commissioner under this section beginning | ||
with the 2020-2021 school year. | ||
(k) A student's performance under the digital portfolio | ||
assessment method for a grade and subject shall be combined with the | ||
student's performance on the assessment instrument administered | ||
under Section 39.023(a), (b), or (l), as applicable, for that grade | ||
and subject to determine the student's overall performance. A | ||
student's performance under the digital portfolio assessment | ||
method for a grade and subject is considered as 50 percent of the | ||
student's overall performance for purposes of: | ||
(1) assigning districts and campuses a performance | ||
rating under Section 39.054; and | ||
(2) determining whether a student performed | ||
satisfactorily on an assessment instrument required under Section | ||
28.0211 to qualify for promotion. | ||
(l) 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 | ||
(k) for purposes of accountability for the student's performance on | ||
assessment instruments required under Section 39.023(a), (b), or | ||
(l), as applicable. | ||
(m) 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. | ||
(n) 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 (d) and subsequent | ||
amendments to the plan; | ||
(2) rules for evaluating submitted plans and | ||
amendments described by Subdivision (1); and | ||
(3) any specific rules for school districts or | ||
campuses that are assigned an overall performance rating of F and | ||
selected to participate in the pilot program under this section. | ||
(o) Not later than September 1, 2024, 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 digital portfolio method | ||
to assess student performance in grades three through eight for | ||
purposes of accountability and qualification for promotion. | ||
(p) This section expires September 1, 2025. | ||
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, 2019. |