By: Aycock, Meyer H.B. No. 2804
A BILL TO BE ENTITLED
AN ACT
relating to evaluation of public school performance and to student
physical fitness assessment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 39.053, Education Code,
is amended to read as follows:
Sec. 39.053. PERFORMANCE INDICATORS: [STUDENT]
ACHIEVEMENT.
SECTION 2. Section 39.053, Education Code, is amended by
amending Subsections (a), (b), (c), (f), (g), and (g-1) and adding
Subsection (a-1) to read as follows:
(a) The commissioner shall adopt a set of indicators of the
quality of learning and [student] achievement. The commissioner
biennially shall review the indicators for the consideration of
appropriate revisions.
(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, student
academic achievement differentials 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)(5),
in accordance with local priorities and preferences.
(b) Performance on the [student] achievement indicators
adopted under Subsections (c)(1)-(4) [this section] shall be
compared to state-established standards. The indicators must be
based on information that is disaggregated by race, ethnicity, and
socioeconomic status.
(c) School districts and campuses must be evaluated based on
five domains of indicators [Indicators] of [student] achievement
adopted under this section that [must] include:
(1) in the first domain, the results of:
(A) 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),[:
[(i)] the percentage of students who
performed satisfactorily on the assessment instruments, aggregated
across grade levels by subject area; and
(ii) [for students who did not perform
satisfactorily, the percentage of students who met the standard for
annual improvement, as determined by the agency under Section
39.034, on the assessment instruments, aggregated across grade
levels by subject area; and
[(B)] for the college readiness performance
standard as determined under Section 39.0241,[:
[(i)] the percentage of students who
performed satisfactorily on the assessment instruments, aggregated
across grade levels by subject area; and
(B) assessment instruments required under
Section 39.023(b), aggregated across grade levels by subject area,
including 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;
(2) in the second domain:
(A) for assessment instruments under Subdivision
(1)(A):
(i) for the performance standard determined
by the commissioner under Section 39.0241(a), 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, 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
(B) for assessment instruments under Subdivision
(1)(B), 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;
(3) in the third domain, the student academic
achievement differentials among students from different racial and
ethnic groups and socioeconomic backgrounds;
(4) in the fourth domain:
(A) for evaluating the performance of high school
campuses and districts that include high school campuses:
(i) [(ii) for students who did not perform
satisfactorily, the percentage of students who met the standard for
annual improvement, as determined by the agency under Section
39.034, on the assessment instruments, aggregated across grade
levels by subject area;
[(2)] 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 have
completed an advanced placement course;
(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;
(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 elementary school
students assigned for two consecutive school years to a teacher
who has less than one year of teaching experience or who does not
hold the appropriate certificate required under Section 21.003; and
(iii) for middle and junior high school
campuses, dropout rates, computed in the manner described by
Paragraph (A)(i); or
(C) any additional indicators of student
achievement not associated with performance on standardized
assessment instruments determined appropriate for consideration by
the commissioner in consultation with educators, parents, business
and industry representatives, and employers; and
(5) in the fifth domain, three programs or specific
categories of performance related to community and student
engagement locally selected and evaluated 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 Subsections (c)(1)-(4) [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 Subsection (c)(1)(A)(ii)
[(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)(4)(A)(i) and (B)(iii)
[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)(4)(A)(i) and (B)(iii) [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. Effective September 1, 2015, Subchapter C,
Chapter 39, Education Code, is amended by adding Section 39.0535 to
read as follows:
Sec. 39.0535. TEMPORARY PROVISION: ASSIGNMENT OF
PERFORMANCE RATINGS. (a) Notwithstanding any other law, the
commissioner shall assign each district and campus a performance
rating not later than August 15 of each year.
(b) This section expires September 1, 2016.
SECTION 4. Effective September 1, 2016, Section 39.054(a),
Education Code, is amended to read as follows:
(a) The commissioner shall adopt rules to evaluate school
district and campus performance and assign each district and campus
a performance rating [of A, B, C, D, or F]. In adopting rules under
this subsection, the commissioner shall determine the criteria for
each [designated letter] performance rating. [A district
performance rating of A, B, or C reflects acceptable performance
and a district performance rating of D or F reflects unacceptable
performance. The commissioner shall also assign each campus a
performance rating of exemplary, recognized, acceptable, or
unacceptable. A campus performance rating of exemplary,
recognized, or acceptable reflects acceptable performance, and a
campus performance rating of unacceptable reflects unacceptable
performance. A district may not receive a performance rating of A
if the district includes any campus with a performance rating of
unacceptable.] Not later than August 15 [8] of each year, the
performance rating of each district and campus shall be made
publicly available as provided by rules adopted under this
subsection. If a district or campus received a performance rating
that reflected unacceptable performance for the preceding school
year, the commissioner shall notify the district of a subsequent
such designation on or before June 15.
SECTION 5. Effective September 1, 2017, Section 39.054,
Education Code, is amended by amending Subsections (a), (c), (e),
and (f) and adding Subsections (a-1), (a-2), (a-3), and (a-4) to
read as follows:
(a) The commissioner shall, after consulting with the
performance rating work group described by Subsection (a-3), adopt
rules to evaluate school district and campus performance and assign
each district and campus an overall [a] performance rating of A, B,
C, D, or F. In addition to the overall performance rating, the
commissioner shall assign each district and campus a separate
domain performance rating of A, B, C, D, or F for each domain under
Sections 39.053(c)(1)-(4). An overall or domain [In adopting rules
under this subsection, the commissioner shall determine the
criteria for each designated letter performance rating. A
district] performance rating of A reflects exemplary performance.
An overall or domain performance rating of B reflects recognized
performance. An overall or domain performance rating of [, B, or] C
reflects acceptable performance. An overall or domain [and a
district] performance rating of D or F reflects unacceptable
performance. [The commissioner shall also assign each campus a
performance rating of exemplary, recognized, acceptable, or
unacceptable. A campus performance rating of exemplary,
recognized, or acceptable reflects acceptable performance, and a
campus performance rating of unacceptable reflects unacceptable
performance.] A district may not receive an overall or domain [a]
performance rating of A if the district includes any campus with a
corresponding overall or domain performance rating of D or F
[unacceptable]. A reference in law to an acceptable rating or
acceptable performance includes an overall or domain performance
rating of A, B, or C or exemplary, recognized, or acceptable
performance.
(a-1) For purposes of assigning an overall performance
rating under Subsection (a), the commissioner shall attribute 55
percent of the performance evaluation to the achievement indicators
for the first, second, and third domains under Sections
39.053(c)(1)-(3), 35 percent of the performance evaluation to the
achievement indicators for the fourth domain under Section
39.053(c)(4), and 10 percent of the performance evaluation to the
locally selected and evaluated achievement indicators provided for
under the fifth domain under Section 39.053(c)(5). The
commissioner by rule shall adopt procedures to ensure that a
repeated performance rating of D or F or unacceptable in one domain,
particularly performance that is not significantly improving, is
reflected in the overall performance rating of a district or campus
and is not compensated for by a performance rating of A, B, or C in
another domain.
(a-2) Not later than August 15 [8] of each year, the
performance ratings [rating] of each district and campus shall be
made publicly available as provided by rules adopted under this
section [subsection]. If a district or campus received an overall
or domain [a] performance rating of D or F [that reflected
unacceptable performance] for the preceding school year, the
commissioner shall notify the district of a subsequent such
designation on or before June 15.
(a-3) For the purpose of adopting rules under Subsection
(a), the commissioner shall convene a performance rating work group
comprised of individuals designated as follows:
(1) two members of a school district board of
trustees, each of whom:
(A) is nominated by a statewide association that
serves school district board members; and
(B) serves on a separate school district board of
trustees;
(2) two superintendents, each of whom is nominated by
a statewide association that serves school superintendents;
(3) one elementary school principal who is nominated
by a statewide association that serves elementary school
principals;
(4) one secondary school principal who is nominated by
a statewide association that serves secondary school principals;
(5) four classroom educators, with one each nominated
by each of the four largest associations that serve educators in at
least 20 counties in this state; and
(6) three parents designated by the commissioner, at
least one of whom must be the parent of a student who was enrolled at
a campus that has received the lowest performance rating in one or
more of the three years preceding the designation of that parent by
the commissioner.
(a-4) If an association described by Subsection (a-3) fails
to nominate one or more individuals for a position on the
performance rating work group, the commissioner may designate an
individual who meets the appropriate qualifications to fill that
position.
(c) In evaluating school district and campus performance on
the [student] achievement indicators for student performance on
assessment instruments [indicators] adopted under Sections
39.053(c)(1) and (2) and the dropout rate indicator adopted under
Sections 39.053(c)(4)(A)(i) and (B)(iii), 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.
(e) Each annual performance review under this section shall
include an analysis of the [student] achievement indicators adopted
under Sections 39.053(c)(1)-(4) [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)(4)(A)(i) and (B)(iii) [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 6. Sections 39.0545(b), (c), and (d), 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)(4)(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)(4)(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)(4)(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.
(d) Notwithstanding Section 39.053(c), for purposes of
evaluating [For] a dropout recovery school under the accountability
procedures adopted by the commissioner to determine the performance
rating of the school under Section 39.054:
(1)[,] only the best result from the primary
administration or [and] any retake of an assessment instrument
administered to a student in the school year evaluated [under the
accountability procedures adopted by the commissioner] may be
considered; and
(2) only a student enrolled continuously for at least
90 days during the school year evaluated may be considered [in
determining the performance rating of the school under Section
39.054].
SECTION 7. Subchapter C, Chapter 39, Education Code, is
amended by adding Section 39.0546 to read as follows:
Sec. 39.0546. PERFORMANCE IN COMMUNITY AND STUDENT
ENGAGEMENT AS COMPONENT OF OVERALL DISTRICT AND CAMPUS RATING. (a)
For purposes of including the local evaluation of districts and
campuses under Section 39.053(c)(5) and assigning an overall rating
under Section 39.054, before the beginning of each school year:
(1) each school district shall:
(A) 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 the district will evaluate district
performance;
(B) submit to the agency the criteria the
district will use to evaluate district performance and assign the
district a performance rating; and
(C) make the information described by Paragraphs
(A) and (B) available on the district's Internet website; and
(2) each campus shall:
(A) 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 the campus will evaluate campus
performance;
(B) submit to the agency the criteria the campus
will use to evaluate campus performance and assign the campus a
performance rating; and
(C) make the information described by Paragraphs
(A) and (B) available on the Internet website of the campus.
(b) Based on the evaluation under this section, each school
district shall assign the district and each campus shall assign the
campus a performance rating of A, B, C, D, or F, for both overall
performance and for each program or category evaluated. An overall
or a program or category performance rating of A reflects exemplary
performance. An overall or a program or category performance rating
of B reflects recognized performance. An overall or a program or
category performance rating of C reflects acceptable performance.
An overall or a program or category performance rating of D or F
reflects unacceptable performance.
(c) On or before the date determined by the commissioner by
rule, each school district and campus shall report each performance
rating to the agency for the purpose of including the rating in
evaluating school district and campus performance and assigning an
overall rating under Section 39.054.
SECTION 8. Section 11.252(a), Education Code, is amended to
read as follows:
(a) Each school district shall have a district improvement
plan that is developed, evaluated, and revised annually, in
accordance with district policy, by the superintendent with the
assistance of the district-level committee established under
Section 11.251. The purpose of the district improvement plan is to
guide district and campus staff in the improvement of student
performance for all student groups in order to attain state
standards in respect to the [student] achievement indicators
adopted under Sections 39.053(c)(1)-(4) [Section 39.053]. The
district improvement plan must include provisions for:
(1) a comprehensive needs assessment addressing
district student performance on the [student] achievement
indicators, and other appropriate measures of performance, that are
disaggregated by all student groups served by the district,
including categories of ethnicity, socioeconomic status, sex, and
populations served by special programs, including students in
special education programs under Subchapter A, Chapter 29;
(2) measurable district performance objectives for
all appropriate [student] achievement indicators for all student
populations, including students in special education programs
under Subchapter A, Chapter 29, and other measures of student
performance that may be identified through the comprehensive needs
assessment;
(3) strategies for improvement of student performance
that include:
(A) instructional methods for addressing the
needs of student groups not achieving their full potential;
(B) methods for addressing the needs of students
for special programs, including:
(i) suicide prevention programs, in
accordance with Subchapter O-1, Chapter 161, Health and Safety
Code, which includes a parental or guardian notification procedure;
(ii) conflict resolution programs;
(iii) violence prevention programs; and
(iv) dyslexia treatment programs;
(C) dropout reduction;
(D) integration of technology in instructional
and administrative programs;
(E) discipline management;
(F) staff development for professional staff of
the district;
(G) career education to assist students in
developing the knowledge, skills, and competencies necessary for a
broad range of career opportunities; and
(H) accelerated education;
(4) strategies for providing to middle school, junior
high school, and high school students, those students' teachers and
school counselors, and those students' parents information about:
(A) higher education admissions and financial
aid opportunities;
(B) the TEXAS grant program and the Teach for
Texas grant program established under Chapter 56;
(C) the need for students to make informed
curriculum choices to be prepared for success beyond high school;
and
(D) sources of information on higher education
admissions and financial aid;
(5) resources needed to implement identified
strategies;
(6) staff responsible for ensuring the accomplishment
of each strategy;
(7) timelines for ongoing monitoring of the
implementation of each improvement strategy;
(8) formative evaluation criteria for determining
periodically whether strategies are resulting in intended
improvement of student performance; and
(9) the policy under Section 38.0041 addressing sexual
abuse and other maltreatment of children.
SECTION 9. Sections 11.253(c) and (d), Education Code, are
amended to read as follows:
(c) Each school year, the principal of each school campus,
with the assistance of the campus-level committee, shall develop,
review, and revise the campus improvement plan for the purpose of
improving student performance for all student populations,
including students in special education programs under Subchapter
A, Chapter 29, with respect to the [student] achievement indicators
adopted under Sections 39.053(c)(1)-(4) [Section 39.053] and any
other appropriate performance measures for special needs
populations.
(d) Each campus improvement plan must:
(1) assess the academic achievement for each student
in the school using the [student] achievement indicator system as
described by Section 39.053;
(2) set the campus performance objectives based on the
[student] achievement indicator system, including objectives for
special needs populations, including students in special education
programs under Subchapter A, Chapter 29;
(3) identify how the campus goals will be met for each
student;
(4) determine the resources needed to implement the
plan;
(5) identify staff needed to implement the plan;
(6) set timelines for reaching the goals;
(7) measure progress toward the performance
objectives periodically to ensure that the plan is resulting in
academic improvement;
(8) include goals and methods for violence prevention
and intervention on campus;
(9) provide for a program to encourage parental
involvement at the campus; and
(10) if the campus is an elementary, middle, or junior
high school, set goals and objectives for the coordinated health
program at the campus based on:
(A) student fitness assessment data, including
any data from research-based assessments such as the school health
index assessment and planning tool created by the federal Centers
for Disease Control and Prevention;
(B) student academic performance data;
(C) student attendance rates;
(D) the percentage of students who are
educationally disadvantaged;
(E) the use and success of any method to ensure
that students participate in moderate to vigorous physical activity
as required by Section 28.002(l); and
(F) any other indicator recommended by the local
school health advisory council.
SECTION 10. Section 12.1013(c), Education Code, is amended
to read as follows:
(c) The report must include the performance of each public
school in each class described by Subsection (b) as measured by the
[student] achievement indicators adopted under Sections
39.053(c)(1)-(4) [Section 39.053] and student attrition rates.
SECTION 11. Section 29.062(a), Education Code, is amended
to read as follows:
(a) The legislature recognizes that compliance with this
subchapter is an imperative public necessity. Therefore, in
accordance with the policy of the state, the agency shall evaluate
the effectiveness of programs under this subchapter based on the
[student] achievement indicators adopted under Sections
39.053(c)(1)-(4) [Section 39.053], including the results of
assessment instruments. The agency may combine evaluations under
this section with federal accountability measures concerning
students of limited English proficiency.
SECTION 12. Section 39.023(a-8), Education Code, as
effective on or before September 1, 2015, is amended to read as
follows:
(a-8) A school district or open-enrollment charter school
may, for its own use in determining whether students are performing
at a satisfactory level, administer to a student at the appropriate
grade level, other than a student required to be assessed, an
assessment instrument developed for purposes of Subsection (a-4),
(a-5), or (a-6). At the request of a district or open-enrollment
charter school, the agency shall provide, allow for the
administration of, and score each assessment instrument
administered under this subsection in the same manner and at the
same cost as for assessment instruments required to be administered
under the applicable subsection. The results of an assessment
instrument administered under this subsection may not be included
as an indicator of [student] achievement under Section 39.053 or
any other provision.
SECTION 13. Section 39.052(b), Education Code, is amended
to read as follows:
(b) In determining the accreditation status of a school
district, the commissioner:
(1) shall evaluate and consider:
(A) performance on [student] achievement
indicators described by Section 39.053(c); and
(B) performance under the financial
accountability rating system developed under Subchapter D; and
(2) may evaluate and consider:
(A) the district's compliance with statutory
requirements and requirements imposed by rule of the commissioner
or State Board of Education under specific statutory authority that
relate to:
(i) reporting data through the Public
Education Information Management System (PEIMS) or other reports
required by state or federal law or court order;
(ii) the high school graduation
requirements under Section 28.025; or
(iii) an item listed under Sections
7.056(e)(3)(C)-(I) that applies to the district;
(B) the effectiveness of the district's programs
for special populations; and
(C) the effectiveness of the district's career
and technology program.
SECTION 14. Section 39.055, Education Code, is amended to
read as follows:
Sec. 39.055. STUDENT ORDERED BY A JUVENILE COURT OR STUDENT
IN RESIDENTIAL FACILITY NOT CONSIDERED FOR ACCOUNTABILITY
PURPOSES. Notwithstanding any other provision of this code except
to the extent otherwise provided under Section 39.054(f), for
purposes of determining the performance of a school district,
campus, or open-enrollment charter school under this chapter, a
student ordered by a juvenile court into a residential program or
facility operated by or under contract with the Texas Juvenile
Justice Department, a juvenile board, or any other governmental
entity or any student who is receiving treatment in a residential
facility is not considered to be a student of the school district in
which the program or facility is physically located or of an
open-enrollment charter school, as applicable. The performance of
such a student on an assessment instrument or other [student]
achievement indicator adopted under Section 39.053 or reporting
indicator adopted under Section 39.301 shall be determined,
reported, and considered separately from the performance of
students attending a school of the district in which the program or
facility is physically located or an open-enrollment charter
school, as applicable.
SECTION 15. Section 39.056(b), Education Code, is amended
to read as follows:
(b) The commissioner shall determine the frequency of
on-site investigations by the agency according to annual
comprehensive analyses of student performance and equity in
relation to the [student] achievement indicators adopted under
Section 39.053.
SECTION 16. Section 39.102(a), Education Code, is amended
to read as follows:
(a) If a school district does not satisfy the accreditation
criteria under Section 39.052, the academic performance standards
under Section 39.053 or 39.054, or any financial accountability
standard as determined by commissioner rule, the commissioner shall
take any of the following actions to the extent the commissioner
determines necessary:
(1) issue public notice of the deficiency to the board
of trustees;
(2) order a hearing conducted by the board of trustees
of the district for the purpose of notifying the public of the
insufficient performance, the improvements in performance expected
by the agency, and the interventions and sanctions that may be
imposed under this section if the performance does not improve;
(3) order the preparation of a student achievement
improvement plan that addresses each academic [student]
achievement indicator under Section 39.053(c) for which the
district's performance is insufficient, the submission of the plan
to the commissioner for approval, and implementation of the plan;
(4) order a hearing to be held before the commissioner
or the commissioner's designee at which the president of the board
of trustees of the district and the superintendent shall appear and
explain the district's low performance, lack of improvement, and
plans for improvement;
(5) arrange an on-site investigation of the district;
(6) appoint an agency monitor to participate in and
report to the agency on the activities of the board of trustees or
the superintendent;
(7) appoint a conservator to oversee the operations of
the district;
(8) appoint a management team to direct the operations
of the district in areas of insufficient performance or require the
district to obtain certain services under a contract with another
person;
(9) if a district has a current accreditation status
of accredited-warned or accredited-probation, fails to satisfy any
standard under Section 39.054(e), or fails to satisfy financial
accountability standards as determined by commissioner rule,
appoint a board of managers to exercise the powers and duties of the
board of trustees;
(10) if for two consecutive school years, including
the current school year, a district has received an accreditation
status of accredited-warned or accredited-probation, has failed to
satisfy any standard under Section 39.054(e), or has failed to
satisfy financial accountability standards as determined by
commissioner rule, revoke the district's accreditation and:
(A) order closure of the district and annex the
district to one or more adjoining districts under Section 13.054;
or
(B) in the case of a home-rule school district or
open-enrollment charter school, order closure of all programs
operated under the district's or school's charter; or
(11) if a district has failed to satisfy any standard
under Section 39.054(e) due to the district's dropout rates, impose
sanctions designed to improve high school completion rates,
including:
(A) ordering the development of a dropout
prevention plan for approval by the commissioner;
(B) restructuring the district or appropriate
school campuses to improve identification of and service to
students who are at risk of dropping out of school, as defined by
Section 29.081;
(C) ordering lower student-to-counselor ratios
on school campuses with high dropout rates; and
(D) ordering the use of any other intervention
strategy effective in reducing dropout rates, including mentor
programs and flexible class scheduling.
SECTION 17. Section 39.263(a), Education Code, is amended
to read as follows:
(a) The criteria that the commissioner shall use to select
successful schools and districts must be related to the goals in
Section 4.002 and must include consideration of performance on the
[student] achievement indicators adopted under Section 39.053(c)
and consideration of the distinction designation criteria
prescribed by or developed under Subchapter G.
SECTION 18. Section 39.301(b), Education Code, is amended
to read as follows:
(b) Performance on the indicators adopted under this
section shall be evaluated in the same manner provided for
evaluation of the [student] achievement indicators under Sections
39.053(c)(1)-(4) [Section 39.053(c)].
SECTION 19. Section 39.305(b), Education Code, is amended
to read as follows:
(b) The report card shall include the following
information:
(1) where applicable, the [student] achievement
indicators described by Section 39.053(c) and the reporting
indicators described by Sections 39.301(c)(1) through (5);
(2) average class size by grade level and subject;
(3) the administrative and instructional costs per
student, computed in a manner consistent with Section 44.0071; and
(4) the district's instructional expenditures ratio
and instructional employees ratio computed under Section 44.0071,
and the statewide average of those ratios, as determined by the
commissioner.
SECTION 20. Sections 39.332(b)(2) and (20), Education Code,
are amended to read as follows:
(2) The report must contain an evaluation of the
status of education in the state as reflected by:
(A) the [student] achievement indicators
described by Section 39.053; and
(B) the reporting indicators described by
Section 39.301.
(20) The report must contain a comparison of the
performance of open-enrollment charter schools and school
districts on the [student] achievement indicators described by
Section 39.053(c), the reporting indicators described by Section
39.301(c), and the accountability measures adopted under Section
39.053(i), with a separately aggregated comparison of the
performance of open-enrollment charter schools predominantly
serving students at risk of dropping out of school, as described by
Section 29.081(d), with the performance of school districts.
SECTION 21. Subchapter C, Chapter 38, and Sections
39.053(e) and 39.054(b), (d), and (d-1), Education Code, are
repealed.
SECTION 22. Not later than December 1, 2016, the
commissioner of education shall adopt the set of indicators to
measure and evaluate school districts and campuses as required by
Section 39.053, Education Code, as amended by this Act.
SECTION 23. Not later than January 1, 2017, the
commissioner of education shall submit a report to the standing
committees of the legislature having primary jurisdiction over
primary and secondary education that provides for a preliminary
evaluation of school districts and campuses under Section 39.054,
Education Code. The report must include:
(1) the rating each school district and campus would
have received for the first through fourth domains of indicators as
provided by Sections 39.053(c)(1)-(4), Education Code, as amended
by this Act, for the 2015-2016 school year if the indicators adopted
by the commissioner of education under Section 39.053, Education
Code, as amended by this Act, existed during the 2015-2016 school
year;
(2) the correlation between each designated letter
performance rating the school district or campus would have
received and the percentage of students at each district and
campus:
(A) qualifying for the free or reduced-price
breakfast under the national school breakfast programs provided for
by the Child Nutrition Act of 1966 (42 U.S.C. Section 1773);
(B) that are students of limited English
proficiency as defined by Section 29.052, Education Code; and
(C) disaggregated by race, ethnicity, and
socioeconomic status used to assign ratings in the system.
SECTION 24. (a) Except as provided by Subsections (b) and
(c) of this section, this Act applies beginning with the 2017-2018
school year.
(b) Section 3 of this Act applies beginning with the
2015-2016 school year.
(c) Section 4 of this Act applies beginning with the
2016-2017 school year.
SECTION 25. Except as otherwise provided by this Act, 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.