Tag Archives: high-stakes testing

New School Year, New Laws: Curriculum and Instruction

When the 86th Texas Legislature convened for its 2019 regular session, members of the state Senate and House of Representatives focused much of their attention on school finance and school safety. Issues that once held center-stage in a legislative session, like accountability, vouchers, and payroll deduction took a backseat (or weren’t even in the car). However, there were several bills passed this year that will impact teachers’ bread and butter – teaching and learning. In this week’s “New School Year, New Laws” post, we will fill you in on legislative changes impacting curriculum and instruction.

House Bill (HB) 391 by Rep. César Blanco (D-El Paso): Printed instructional materials

By law, parents are entitled to request that their child be allowed to take home instructional materials. Districts and charter schools must honor this request. However, in some cases, those instructional materials are online and the parents do not have the appropriate technology at home to access them. In this event, HB 391 dictates that the district or charter school provide the materials in print, which could be printouts of the relevant electronic materials. This law became effective immediately upon its passage.

HB 2984 by Rep. Steve Allison (R-San Antonio): Technology applications TEKS

Technology applications is part of the “enrichment curriculum” offered by school districts. HB 2984 directs the State Board of Education (SBOE) to revise the grades K-8 Texas essential knowledge and skills (TEKS) for technology applications, specifically by adding in curriculum standards for coding, computer programming, computational thinking, and cybersecurity. The SBOE must complete this task by Dec. 31, 2020, so be on the lookout for information from ATPE about opportunities to participate in the process and provide public comment.

HB 3012 by Rep. James Talarico (D-Round Rock): Providing instruction to students who are suspended

Most teachers have probably experienced what happens when a student is placed in either in-school or out-of-school suspension (ISS/OSS). The student often comes back to the classroom having missed days or weeks of instruction that can be hard to make up. HB 3012 requires districts to provide suspended students with an alternative means of accessing all “foundation curriculum” or core coursework (math, science, English language arts, and social studies). The district must also provide at least one option for receiving the coursework that doesn’t require access to the Internet. Whether or not this requirement for providing coursework will trickle down to the individual teacher level is still unclear. This bill became effective immediately.

HB 4310 by Rep. Harold Dutton (D- Houston): Time for scope and sequence

HB 4310 applies to the scope and sequence created by districts for foundation curricula. Under the new law, a district must ensure sufficient time for teachers to teach and students to learn the TEKS in a given scope and sequence. Additionally, a district cannot penalize a teacher who determines that their students need more or less time and thus doesn’t follow the scope and sequence. However, the law does say that a district can take action with respect to teachers who don’t follow the scope and sequence if there is documented evidence of a deficiency in their classroom instruction. This law became effective immediately.

HB 3 by Rep. Dan Huberty (R-Kingwood): G/T programming and funding

The gifted and talented (G/T) allotment was eliminated in this year’s big school finance bill, HB 3, but the requirement that school districts provide G/T programming did not go away. When HB 3 was heard by the House Public Education and Senate Education committees, many parents and students testified on the importance of keeping gifted and talented programming and urged lawmakers to maintain the allotment. In response, Chairman Huberty and other lawmakers explained that funding for G/T through the allotment has been capped at 5% of average daily attendance, even though a district may actually enroll more than 5% of its students in G/T programs. As a result, every district essentially received the maximum amount possible. HB 3 rolls this amount into the new basic allotment as the mechanism for funding G/T, rather than having a stand-alone allotment.

To quell fears that G/T programs might disappear along with the allotment, HB 3 states that districts must provide a G/T program consistent with the state plan for G/T and must annually certify to the commissioner of education their compliance with the law. If a district does not comply, the state will revoke its funding in an amount calculated using the same formula for the old G/T allotment. The bill also requires districts to comply with the use of G/T funds as outlined in State Board of Education (SBOE) rule.

These changes to how G/T programs are funded took effect immediately upon the passage of HB 3. Learn more about the new G/T requirements and funding expectations in this “HB 3 in 30” video provided by the Texas Education Agency (TEA).

HB 4205 by Rep. Tom Craddick (R-Midland): Teacher effectiveness and value-added modeling in turnaround schools

HB 4205 was originally introduced as a bill to allow a campus in Midland ISD to be repurposed by a nonprofit entity while maintaining the same student population. As the bill made its way through the legislative process, it was expanded beyond Midland ISD and amended to include language from Senate Bill (SB) 1412 by Sen. Charles Perry (R-Lubbock) regarding accelerated campus excellence (ACE) plans. ACE is a campus turnaround option that prescribes personnel, compensation, and programming decisions meant to improve student performance. A last-stage amendment also added a requirement that personnel decisions under a school’s ACE turnaround plan must be made using a value-added model (VAM) for determining instructional effectiveness. After this change was made, which ATPE opposed, the House unfortunately voted to concur in the Senate amendments and the bill was signed by the Governor.

Under the final version of HB 4205 as passed, at least 60 percent of teachers assigned to the campus must have demonstrated instructional effectiveness during the previous school year. For teachers who taught in the same district in the prior year, this effectiveness standard is to be determined by classroom observation and assessing the teacher’s impact on student growth using VAM based on at least one student assessment instrument selected by the district. For teachers who did not teach in the district the previous year, instructional effectiveness will be determined by data and other evidence indicating that if the teacher had taught in the district, they would have been ranked among the top half of teachers there. Teacher pay under this type of plan must include a three-year commitment to provide “significant incentives” to compensate high-performing principals and teachers.

In the 2019-20 school year, the ACE provisions in HB 4205 will only apply to one district that received an unacceptable rating for 2017-18, as chosen by the commissioner of education. In 2020-21, the ACE option under HB 4205 will open up to all districts that have been required to complete a campus turnaround plan.

There are many aspects of this new law that ATPE opposes, which we expressed to lawmakers through oral testimony and written input on SB 1412 and HB 4205 as they were moving through the legislative process earlier this year. Our opposition was based on the following formal positions that have been adopted by ATPE members:

  • ATPE opposes the use of student performance, including test scores, as the primary measure of a teacher’s effectiveness, as the determining factor for a teacher’s compensation, or as the primary rationale for an adverse employment action.
  • ATPE believes students’ state-level standardized test scores should not be a component of teacher evaluations until such time as they can be validated through a consensus of independent research and peer review for that purpose.
  • ATPE opposes the use of value-added modeling or measurement (VAM) at the individual teacher level for teacher evaluation purposes or decisions about continued employment of teachers. (Learn more about our VAM concerns here.)
  • ATPE supports incorporating measures of student growth at the campus level or higher into evaluations of educators as long as the measures are developed with educator input, piloted, and deemed statistically reliable.
  • ATPE opposes incentive or performance pay programs unless they are designed in an equitable and fair manner as determined by educators on a campus basis.

Your ATPE Governmental Relations team will be monitoring these pieces of legislation as they are implemented.


Next Monday, we will continue ATPE’s “New School Year, New Laws” series here on Teach the Vote with a post on assessment-related bills passed during the 2019 legislative session.

Changes to student testing are coming in light of legislation passed

The 86th Texas Legislature passed a number of measures that will have an impact on standardized testing of students in our public schools.

First, House Bill (HB) 3, the omnibus school finance and tax reform bill carried by Rep. Dan Huberty (R-Houston) contains some sections related to student testing. Most notably, the bill calls for an “assessment instrument study,” which requires the Texas Education Agency (TEA) to work with a public institution of higher education to determine if each State of Texas Assessments of Academic Readiness (STAAR) test is written at the appropriate grade level. Commissioner of Education Mike Morath is required to submit a report on the findings of this study by December 1 of this year.

HB 3 also included changes to testing that will affect districts, such as an outcomes-based funding mechanism that relies on indicators of college, career, and military readiness of each annual graduating class within a district. These indicators include student performance on assessments such as the SAT, ACT, and the Armed Services Vocational Aptitude Battery. HB 3 also includes district reimbursement for college prep assessments and requirements for districts to create an early childhood literacy and mathematics proficiency plan, which would include annual, quantifiable goals for student performance in reading and math.

Fortunately, the final version of the school finance bill that passed does not include earlier language proposed by the Senate that would have tied a merit pay program for teachers more directly to the performance of their students. In fact, the final bill expressly prohibits the commissioner from requiring districts to use assessments to evaluate teacher performance in local teacher designation systems. ATPE and others urged lawmakers to remove such merit pay language from HB 3, fearing that it would lead to a statewide ranking of teachers based largely on data drawn from student scores on high-stakes tests that were never designed to be used as measures of educator effectiveness.

A major stand-alone testing bill, HB 3906, was also unanimously passed by the legislature and is awaiting a signature by Gov. Greg Abbott. The bill, similarly carried by Rep. Huberty, maintains the concept of a maximum time limit on STAAR tests in grades 3-8, but allows for the tests to be broken into smaller sections that would be administered during the school year rather than on a single day. Backers of the bill hope that multiple smaller tests will give the assessment more of a formative approach rather than forcing students to take a single, summative high-stakes test that has been cited as creating undue stress for students. Opponents, on the other hand, are concerned that breaking up the tests increases the overall number of testing days.

HB 3906 left the Senate with provisions that created a combined reading and writing “language arts” test. However, this concept was stripped from the final version of the bill, which simply eliminates the STAAR writing tests given in grades 4 and 7. This change will not take effect until September 1, 2021. The bill also prohibits giving STAAR tests to students on the first instructional day of the week, and requires a transition to electronic assessments after TEA conducts a study of how feasible this transition might be.

Under HB 3906, TEA is also required to develop non-multiple choice questions to round out STAAR tests due to the bill’s new 75% limit on multiple choice questions. Additionally, TEA will be required to establish an integrated formative assessment pilot program that districts can opt in to, which will be used to determine if these assessments improve instructional support and if they could potentially replace current assessments. TEA is also required under HB 3906 to develop interim assessments for districts to use, presumably as test prep, and to create both a technical and educator assessment advisory committee that would provide recommendations to the commissioner and TEA on assessment development.

The legislature also passed a few smaller bills related to testing this session, such as Senate Bill (SB) 213 by Sen. Kel Seliger (R-Amarillo), which extends the use of individual graduation committees for another four years, until 2023. This ATPE-supported bill has already been signed into law by Gov. Abbott and takes effect immediately.

Additionally, HB 1244 by Rep. Trent Ashby (R-Lufkin) and HB 1891 by Rep. Lynn Stucky (R-Denton) have passed the legislature and await the Governor’s action. HB 1244 changes the U.S. History end-of course exam by requiring it to include 10 randomly selected questions from the United States Citizenship and Immigration Services civics test. TEA is required to ensure that these questions are aligned to the Texas Essential Knowledge and Skills (TEKS) and will provide annual reports with the answers to the questions and student performance. HB 1891 allows students who meet the required score on a high school equivalency exam, such as the General Education Diploma (GED), to be exempt from the Texas Success Initiative Assessment (TSIA). The required score will be set by the Texas Higher Education Coordinating Board.

ATPE will be watching the implementation of these bills as they roll out and begin to affect districts, teachers, and students. Stay tuned!

House Public Education Committee hears bills on school turnaround, virtual schools, cybersecurity

On Tuesday, May 14, 2019, the House Public Education Committee heard 10 bills on a variety of topics, including accelerated campus excellence (ACE) turnaround programs and virtual school accountability.

ATPE Lobbyist Andrea Chevalier testified before the House Public Education Committee, May 14, 2019.

Multiple educator groups testified against Senate Bill (SB) 1412 by Sen. Charles Perry (R-Lubbock), which would allow districts to implement a campus turnaround plan in the style of the ACE program. ATPE Lobbyist Andrea Chevalier testified that while ATPE supports differentiated pay and would support district efforts to strategically staff campuses that need the most effective teachers, SB 1412 includes many elements that ATPE members oppose. These include a forced ranking of teachers based on student growth (which could rely heavily on student test scores) and evaluations. Basing high-stakes decisions such as employment on student performance is antithetical to ATPE’s legislative program. Additionally, the bill includes a vendor provision that requires districts to use taxpayer resources to partner with a third-party vendor to implement their plan. Lastly, the bill is extremely unclear as to whether a displaced teacher would be reassigned to a similar position on a different campus, if their displacement would be good cause for termination or non-renewal, and if, under all of these circumstances, they would still have the right to due process. Read ATPE’s written testimony against SB 1412 here.

ATPE also registered our position against SB 1045 by Sen. Bryan Hughes (R-Mineola), which would separate the accountability rating in a district that offers a full-time online program into one rating for the brick-and-mortar students and another rating for the online program. Amendments made in the Senate Education Committee and on the Senate floor drastically changed the bill so that it now also includes many other accountability provisions for virtual schools. Virtual school providers testified against the bill on Tuesday in the House Public Education Committee due to these enhanced accountability provisions. ATPE opposes the bill because of the proposed separated accountability ratings, which would diminish district responsibility for the virtual programs through which their students are served.

The Committee also heard the following bills:

  • SB 232 (Menendez, D-San Antonio): Would require a school district to notify parents that Algebra II is not required to graduate, as well as the consequences of not completing Algebra II with regard to eligibility for automatic college admission and financial aid.
  • SB 504 (Seliger, R-Amarillo): Would allow the Texas OnCourse Academy to add social-emotional counseling modules so that participating advisers and counselors are better prepared to identify and address potential mental health issues.
  • SB 723 (Campbell, R-New Braunfels): Would require a school district to post its superintendent’s salary information on the district’s website.
  • SB 820 (Nelson, R-Flower Mound): Would require districts to develop and maintain a cybersecurity framework and designate a cybersecurity coordinator.
  • SB 1016 (Powell, D-Burleson): Would require TEA to audit professional development requirements every four years, as opposed to “periodically,” and, with input from stakeholders, seek to eliminate any unnecessary topic-specific training requirements.
  • SB 1374 (Paxton, R-McKinney): Would allow concurrent enrollment in Algebra I and geometry.
  • SB 1390 (Menendez, D-San Antonio): Would add physical health, mental health, and suicide prevention to the foundation curriculum. Includes corresponding guidance to the State Board of Education and School Health Advisory Committees to include risk factors such as alcohol.
  • SB 1454 (Taylor, R-Friendswood): Would create a mechanism for TEA could to transfer the remaining funds of a defunct charter to another charter holder.

The House Public Education Committee will likely vote today on the session’s major school safety bill, SB 11 by Sen. Larry Taylor (R-Friendswood). Chairman Huberty expressed that he would like to see where other important House Bills are in the Senate before deciding to vote on other pending Senate Bills today, though he said the will definitely take votes by tomorrow. Under mandatory session deadlines, this is the last week for the committee to advance remaining Senate bills for possible consideration by the full House. Stay tuned to Teach the Vote and follow us on Twitter for the latest developments.