84R11789 PAM-F
By: Aycock H.B. No. 2804
A BILL TO BE ENTITLED
AN ACT
relating to assessment of public school students and evaluation of
public school performance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.0265 to read as follows:
Sec. 39.0265. LOCAL ASSESSMENT REQUIRED FOR SCIENCE, SOCIAL
STUDIES, AND WRITING. (a) To evaluate student achievement in
science, social studies, and writing, each school district shall
assess students as provided by this section.
(b) For purposes of school district assessment under this
section, the commissioner by rule shall adopt an approved list of:
(1) for science and writing, assessment instruments;
and
(2) for science, social studies, and writing, rubrics
that establish criteria for selecting, compiling, and evaluating
student-produced work, including specific major projects or a
portfolio of assignments completed over the course of a school
year.
(c) Each school district shall select and use for assessment
purposes assessment instruments or rubrics, as appropriate, from
the approved list under Subsection (b). For science and writing, a
district may also use a norm-referenced assessment instrument that
complies with Section 39.026. Each school district shall adopt a
policy that requires the assessment of students:
(1) in science and writing using a selected assessment
instrument or rubric:
(A) at least once during the period the student
is enrolled in grades three through five; and
(B) at least once during the period the student
is enrolled in grades six through eight; and
(2) in social studies, using a selected rubric:
(A) at least once during the period the student
is enrolled in grades six through eight; and
(B) and least once during the period the student
is enrolled in high school.
(d) The agency shall provide training in evaluating
student-produced work under each approved rubric. A teacher or
another person evaluating student-produced work for purposes of
this section must complete the agency training before evaluating
student-produced work under this section to ensure consistent
application of evaluation criteria within an approved rubric.
(e) The commissioner may conduct random audits of locally
conducted assessments under this section to ensure that the data
produced is sufficiently reliable for purposes of reporting under
Section 39.053(c)(2).
(f) To comply as necessary with federal law, the
commissioner may submit assessment instruments, rubrics, and
related materials approved under Subsection (b) to the United
States Department of Education for peer review.
SECTION 2. Section 39.053, Education Code, is amended by
adding Subsection (a-1) and amending Subsections (c), (f), (g), and
(g-1) to read as follows:
(a-1) The indicators adopted by the commissioner under
Subsection (a), including the indicators identified under
Subsection (c), must measure and evaluate school districts and
campuses with respect to:
(1) improving student preparedness for success in:
(A) subsequent grade levels; and
(B) entering the workforce, the military, or
postsecondary education;
(2) reducing, with the goal of eliminating,
disparities in preparedness for success among students from
different racial and ethnic groups and socioeconomic backgrounds;
and
(3) informing parents and the community regarding
campus and district performance in the domains described by
Subsection (c) and, for the domain described by Subsection (c)(4),
in accordance with local priorities and preferences.
(c) School districts and campuses must be evaluated based on
four domains of indicators [Indicators] of student achievement
adopted under this section that [must] include:
(1) in the first domain, the results of:
(A) reading and mathematics assessment
instruments required under Sections 39.023(a)[, (c),] and (l),
[including the results of assessment instruments required for
graduation retaken by a student,] aggregated across grade levels by
subject area, including:
(i) [(A)] for the performance standard
determined by the commissioner under Section 39.0241(a):
(a) [(i)] the percentage of students
who performed satisfactorily on the assessment instruments,
aggregated across grade levels by subject area; and
(b) [(ii)] for students who did not
perform satisfactorily, the percentage of students who met the
standard for annual improvement on the assessment instruments, as
determined by the commissioner by rule or by the method for
measuring annual improvement [the agency] under Section 39.034, [on
the assessment instruments,] aggregated across grade levels by
subject area; and
(ii) [(B)] for the college readiness
performance standard as determined under Section 39.0241:
(a) [(i)] the percentage of students
who performed satisfactorily on the assessment instruments,
aggregated across grade levels by subject area; and
(b) [(ii)] for students who did not
perform satisfactorily, the percentage of students who met the
standard for annual improvement on the assessment instruments, as
determined by the commissioner by rule or by the method for
measuring annual improvement [the agency] under Section 39.034, [on
the assessment instruments,] aggregated across grade levels by
subject area;
(B) reading and mathematics assessment
instruments required under Section 39.023(b), aggregated across
grade levels by subject area, including:
(i) the percentage of students who
performed satisfactorily on the assessment instruments, as
determined by the performance standard adopted by the agency,
aggregated across grade levels by subject area; and
(ii) for students who did not perform
satisfactorily, as determined by the performance standard adopted
by the agency, the percentage of students who met the standard for
annual improvement on the assessment instruments, as determined by
the commissioner by rule or by the method for measuring annual
improvement under Section 39.034, aggregated across grade levels by
subject area; and
(C) Algebra I, English I, and English II
end-of-course assessment instruments under Section 39.023(c),
including the results of assessment instruments retaken by a
student, aggregated across grade levels by subject area, including:
(i) for the performance standard determined
by the commissioner under Section 39.0241(a):
(a) the percentage of students who
performed satisfactorily on the assessment instruments, aggregated
across grade levels by subject area; and
(b) for students who did not perform
satisfactorily, the percentage of students who met the standard for
annual improvement on the assessment instruments, as determined by
the commissioner by rule or by the method for measuring annual
improvement under Section 39.034, aggregated across grade levels by
subject area; and
(ii) for the college readiness performance
standard as determined under Section 39.0241:
(a) the percentage of students who
performed satisfactorily on the assessment instruments, aggregated
across grade levels by subject area; and
(b) for students who did not perform
satisfactorily, the percentage of students who met the standard for
annual improvement on the assessment instruments, as determined by
the commissioner by rule or by the method for measuring annual
improvement under Section 39.034, aggregated across grade levels by
subject area;
(2) in the second domain, the results of science,
social studies, and writing assessment instruments and rubrics
selected and used by school districts as provided by Section
39.0265;
(3) in the third domain:
(A) for evaluating the performance of high school
campuses and districts that include high school campuses:
(i) dropout rates, including dropout rates
and district completion rates for grade levels 9 through 12,
computed in accordance with standards and definitions adopted by
the National Center for Education Statistics of the United States
Department of Education;
(ii) [(3)] high school graduation rates,
computed in accordance with standards and definitions adopted in
compliance with the No Child Left Behind Act of 2001 (20 U.S.C.
Section 6301 et seq.);
(iii) [(4)] the percentage of students who
successfully completed the curriculum requirements for the
distinguished level of achievement under the foundation high school
program;
(iv) [(5)] the percentage of students who
successfully completed the curriculum requirements for an
endorsement under Section 28.025(c-1); [and]
(v) the percentage of students who
completed a coherent sequence of career and technical courses;
(vi) [(6) at least three additional
indicators of student achievement to evaluate district and campus
performance, which must include either:
[(A)] the percentage of students who satisfy the
Texas Success Initiative (TSI) college readiness benchmarks
prescribed by the Texas Higher Education Coordinating Board under
Section 51.3062(f) on an assessment instrument in reading, writing,
or mathematics designated by the Texas Higher Education
Coordinating Board under Section 51.3062(c); [or]
(vii) [(B)] the percentage [number] of
students who earn[:
[(i)] at least 12 hours of postsecondary
credit required for the foundation high school program under
Section 28.025 or to earn an endorsement under Section 28.025(c-1);
(viii) the percentage of students who are
enrolled in advanced placement courses;
(ix) the percentage of students who enlist
in the armed forces of the United States; and
(x) the percentage of students who earn
[(ii) at least 30 hours of postsecondary credit required for the
foundation high school program under Section 28.025 or to earn an
endorsement under Section 28.025(c-1);
[(iii) an associate's degree; or
[(iv)] an industry certification; or
(B) for evaluating the performance of middle and
junior high school and elementary school campuses and districts
that include those campuses:
(i) student attendance;
(ii) the percentage of students who advance
to the next grade level;
(iii) the number of student disciplinary
incidents; and
(iv) for middle and junior high school
campuses, dropout rates, computed in the manner described by
Paragraph (A)(i); and
(4) in the fourth domain, three programs or specific
categories of performance related to community and student
engagement selected as provided by Section 39.0546.
(f) Annually, the commissioner shall define the state
standard for the current school year for each student achievement
indicator described by Subsection (c) and shall project the state
standards for each indicator for the following two school years.
The commissioner shall periodically raise the state standards for
the college readiness student achievement indicator described by
Subsections (c)(1)(A)(ii)(a) and (C)(ii)(a) [Subsection
(c)(1)(B)(i)] for accreditation as necessary to reach the goals of
achieving, by not later than the 2019-2020 school year:
(1) student performance in this state, disaggregated
by race, ethnicity, and socioeconomic status, that ranks nationally
in the top 10 states in terms of college readiness; and
(2) student performance[,] with no significant
achievement gaps by race, ethnicity, and socioeconomic status.
(g) In defining the required state standard for the dropout
rate indicator described by Subsections (c)(3)(A)(i) and (B)(iv)
[Subsection (c)(2)], the commissioner may not consider as a dropout
a student whose failure to attend school results from:
(1) the student's expulsion under Section 37.007; and
(2) as applicable:
(A) adjudication as having engaged in delinquent
conduct or conduct indicating a need for supervision, as defined by
Section 51.03, Family Code; or
(B) conviction of and sentencing for an offense
under the Penal Code.
(g-1) In computing dropout and completion rates under
Subsections (c)(3)(A)(i) and (B)(iv) [Subsection (c)(2)], the
commissioner shall exclude:
(1) students who are ordered by a court to attend a
high school equivalency certificate program but who have not yet
earned a high school equivalency certificate;
(2) students who were previously reported to the state
as dropouts, including a student who is reported as a dropout,
reenrolls, and drops out again, regardless of the number of times of
reenrollment and dropping out;
(3) students in attendance who are not in membership
for purposes of average daily attendance;
(4) students whose initial enrollment in a school in
the United States in grades 7 through 12 was as unschooled refugees
or asylees as defined by Section 39.027(a-1);
(5) students who are in the district exclusively as a
function of having been detained at a county detention facility but
are otherwise not students of the district in which the facility is
located; and
(6) students who are incarcerated in state jails and
federal penitentiaries as adults and as persons certified to stand
trial as adults.
SECTION 3. Section 39.054, Education Code, is amended by
adding Subsection (a-1) and amending Subsections (c), (d), (e), and
(f) to read as follows:
(a-1) In addition to the overall performance rating
assigned to each school district and campus under Subsection (a),
the commissioner shall assign each district and campus a separate
rating for each domain under Section 39.053(c). For purposes of
assigning an overall rating under Subsection (a), the commissioner
by rule shall determine the appropriate weight to assign each
domain to accurately reflect the overall performance of districts
and campuses.
(c) In evaluating school district and campus performance on
the student achievement indicator for student performance on
reading and mathematics assessment instruments [indicators]
adopted under Section [Sections] 39.053(c)(1) and the dropout rate
indicator adopted under Sections 39.053(c)(3)(A)(i) and (B)(iv)
[(2)], the commissioner shall define acceptable performance as
meeting the state standard determined by the commissioner under
Section 39.053(f) [39.053(e)] for the current school year based on:
(1) student performance in the current school year; or
(2) student performance as averaged over the current
school year and the preceding two school years.
(d) In evaluating performance under Subsection (c), the
commissioner:
(1) may assign an acceptable performance rating if the
campus or district:
(A) performs satisfactorily on 85 percent of the
measures the commissioner determines appropriate with respect to
the student achievement indicator for student performance on
reading and mathematics assessment instruments [indicators]
adopted under Section [Sections] 39.053(c)(1) and the dropout rate
indicator adopted under Sections 39.053(c)(3)(A)(i) and (B)(iv)
[(2)]; and
(B) does not fail to perform satisfactorily on
the same measure described by Paragraph (A) for two consecutive
school years;
(2) may grant an exception under this subsection to a
district or campus only if the performance of the district or campus
is within a certain percentage, as determined by the commissioner,
of the minimum performance standard established by the commissioner
for the measure of evaluation; or
(3) may establish other performance criteria for a
district or campus to obtain an exception under this subsection.
(e) Each annual performance review under this section shall
include an analysis of the student achievement indicators adopted
under Section 39.053(c) to determine school district and campus
performance in relation to[:
[(1)] standards established for each indicator[; and
[(2) required improvement as defined under Section
39.053(e)].
(f) In the computation of dropout rates under Sections
39.053(c)(3)(A)(i) and (B)(iv) [Section 39.053(c)(2)], a student
who is released from a juvenile pre-adjudication secure detention
facility or juvenile post-adjudication secure correctional
facility and fails to enroll in school or a student who leaves a
residential treatment center after receiving treatment for fewer
than 85 days and fails to enroll in school may not be considered to
have dropped out from the school district or campus serving the
facility or center unless that district or campus is the one to
which the student is regularly assigned. The agency may not limit
an appeal relating to dropout computations under this subsection.
SECTION 4. Sections 39.0545(b) and (c), Education Code, as
added by Chapter 167 (S.B. 1538), Acts of the 83rd Legislature,
Regular Session, 2013, are amended to read as follows:
(b) Notwithstanding Section 39.053(c)(3)(A)(i)
[39.053(c)(2)], the commissioner shall use the alternative
completion rate under this subsection to determine the dropout rate
[student achievement] indicator under Section 39.053(c)(3)(A)(i)
[39.053(c)(2)] for a dropout recovery school. The alternative
completion rate shall be the ratio of the total number of students
who graduate, continue attending school into the next academic
year, or receive a high school equivalency certificate to the total
number of students in the longitudinal cohort of students.
(c) Notwithstanding Section 39.053(c)(3)(A)(i)
[39.053(c)(2)], in determining the performance rating under
Section 39.054 of a dropout recovery school, the commissioner shall
include any student described by Section 39.053(g-1) who graduates
or receives a high school equivalency certificate.
SECTION 5. Subchapter C, Chapter 39, Education Code, is
amended by adding Section 39.0546 to read as follows:
Sec. 39.0546. EVALUATION OF PERFORMANCE IN COMMUNITY AND
STUDENT ENGAGEMENT. (a) For purposes of evaluating campuses and
districts under Section 39.053(c)(4) and assigning ratings under
Section 39.054(a-1), each school district shall select and report
to the agency three programs or categories under Section
39.0545(b)(1), as added by Chapter 211 (H.B. 5), Acts of the 83rd
Legislature, Regular Session, 2013, under which campuses and the
district will be evaluated.
(b) Each district shall submit to the agency the relevant
data to evaluate the campuses and district.
SECTION 6. Sections 39.053(e) and 39.054(b), Education
Code, are repealed.
SECTION 7. This Act applies beginning with the 2016-2017
school year.
SECTION 8. 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, 2015.