H.B. No. 1500
AN ACT
relating to the public school accountability system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.053(b), Education Code, is amended to
read as follows:
(b) Performance on the achievement indicators adopted under
Subsections (c)(1)-(4) shall be compared to state-established
standards. To the extent feasible, the [The] indicators should
allow for disaggregation [must be based on information that is
disaggregated] by race, ethnicity, and socioeconomic status.
SECTION 2. Section 39.053, Education Code, is amended by
amending Subsection (c) and adding Subsections (c-4) and (g-3) to
read as follows:
(c) School districts and campuses must be evaluated based on
five domains of indicators of achievement adopted under this
section that 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) for the performance standard determined
by the commissioner under Section 39.0241(a), the percentage of
students who performed satisfactorily on the assessment
instruments, 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 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) 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) high school graduation rates, computed
in accordance with standards and definitions adopted in compliance
with the Every Student Succeeds Act [No Child Left Behind Act of
2001] (20 U.S.C. Section 6301 et seq.);
(iii) the percentage of students who
successfully completed the curriculum requirements for the
distinguished level of achievement under the foundation high school
program;
(iv) the percentage of students who
successfully completed the curriculum requirements for an
endorsement under Section 28.025(c-1);
(v) the percentage of students who
completed a coherent sequence of career and technical or fine arts
courses;
(vi) 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);
(vii) the percentage of students who earn
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 or international baccalaureate
course;
(ix) the percentage of students who enlist
in the armed forces of the United States; [and]
(x) the percentage of students who earn an
industry certification;
(xi) the percentage of students who
successfully completed an OnRamps dual enrollment course;
(xii) the percentage of students who have
received credit by examination;
(xiii) the percentage of students who have
been promoted to higher grade levels than the grade levels to which
the students would ordinarily be assigned;
(xiv) the percentage of students who have
earned a diploma after not more than three years of high school
attendance; and
(xv) the percentage of students who earn an
associate degree;
(B) for evaluating the performance of middle and
junior high school and elementary school campuses and districts
that include those campuses:
(i) student attendance; [and]
(ii) for middle and junior high school
campuses:
(a) dropout rates, computed in the
manner described by Paragraph (A)(i); [and]
(b) the percentage of students in
grades seven and eight who receive instruction in preparing for
high school, college, and a career that includes information
regarding the creation of a high school personal graduation plan
under Section 28.02121, the distinguished level of achievement
described by Section 28.025(b-15), each endorsement described by
Section 28.025(c-1), college readiness standards, and potential
career choices and the education needed to enter those careers; and
(c) the percentage of students in
grades seven and eight who complete a pre-advanced placement course
or pre-international baccalaureate course; and
(iii) the percentage of students who
participate in a University Interscholastic League A+ academic
event; and
(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.
(c-4) For purposes of evaluating the performance of a
district or campus under Subsection (c), the commissioner shall
determine a method by which the performance of a student is
attributed greater weight for each school year a student has been
continuously enrolled in the school district or at the campus, as
applicable.
(g-3) The commissioner shall adopt rules for computing the
percentage of students participating in a University
Interscholastic League A+ academic event under Subsection
(c)(4)(B)(iii).
SECTION 3. Sections 39.054(a) and (a-1), Education Code, as
effective September 1, 2017, are amended to read as follows:
(a) The commissioner shall adopt rules to evaluate school
district and campus performance and assign each district and campus
an overall 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 applicable domain under Sections 39.053(c)(1)-(4).
An overall or domain 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
C reflects acceptable performance. An overall or domain
performance rating of D reflects performance that needs
improvement. An overall or domain performance rating of [or] F
reflects unacceptable performance. A district may not receive an
overall or domain performance rating of A if the district includes
any campus with a corresponding overall or domain performance
rating of [D or] F. A reference in law to an acceptable rating or
acceptable performance includes an overall or domain performance
rating of A, B, [or] C, or D or performance that is exemplary,
recognized, or acceptable or needs improvement [performance].
(a-1) In [For purposes of] assigning [an overall]
performance ratings [rating] under Subsection (a), the
commissioner may adjust the overall performance rating of a
district or campus if the performance of the district or campus
under the indicators described by Section 39.053(c), based on
information disaggregated by race, ethnicity, socioeconomic
status, or other factors, does not meet standards established by
the commissioner. The commissioner shall [attribute]:
(1) 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), provided that the
commissioner shall consider either the district's or campus's
performance rating under the first domain or the second domain,
whichever performance rating is higher, unless the district or
campus received a performance rating of F in either domain, in which
case the district or campus may not be assigned an overall
performance rating higher than B;
(2) for middle and junior high school and elementary
campuses and districts that include only those campuses, attribute
35 percent of the performance evaluation to the applicable
achievement indicators for the fourth domain under Section
39.053(c)(4);
(3) for high school campuses and districts that
include those campuses, attribute:
(A) 10 percent of the performance evaluation to
the high school graduation rate achievement indicator described by
Section 39.053(c)(4)(A)(ii); and
(B) 25 percent to the remaining applicable
achievement indicators for the fourth domain under Section
39.053(c)(4); and
(4) attribute 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).
SECTION 4. Subchapter E, Chapter 39, Education Code, is
amended by adding Section 39.101 to read as follows:
Sec. 39.101. NEEDS IMPROVEMENT RATING. (a) Notwithstanding
any other law, if a school district or campus is assigned an overall
or domain performance rating of D:
(1) the commissioner shall order the district or
campus to develop and implement a targeted improvement plan
approved by the board of trustees of the district; and
(2) the interventions and sanctions provided by this
subchapter based on failure to satisfy performance standards under
Section 39.054(e) apply to the district or campus only as provided
by this section.
(b) The interventions and sanctions provided by this
subchapter based on failure to satisfy performance standards under
Section 39.054(e) apply to a district or campus ordered to develop
and implement a targeted improvement plan under Subsection (a) only
if the district or campus is assigned an overall or domain
performance rating of F, including the assignment of a performance
rating of F in the manner provided by Subsection (c) or (d).
(c) If a school district or campus is assigned an overall
performance rating of D for two consecutive school years after the
district or campus is ordered to develop and implement a targeted
improvement plan under Subsection (a), the commissioner shall
assign that district or campus an overall performance rating of F
for the following school year unless, based on the performance of
the district or campus in that following school year, the
commissioner determines that the district or campus should be
assigned a performance rating of C or higher.
(d) If a district or campus is assigned a domain performance
rating of D for the same domain for two consecutive school years
after the district or campus is ordered to develop and implement a
targeted improvement plan under Subsection (a), the commissioner
shall assign that district or campus a domain performance rating of
F for that domain for the following school year unless, based on the
performance of the district or campus in that following school
year, the commissioner determines the district or campus should be
assigned a performance rating of C or higher in that domain.
(e) The commissioner shall adopt rules as necessary to
implement this section.
SECTION 5. Section 39.107, Education Code, is amended by
adding Subsections (b-10) and (b-11) to read as follows:
(b-10) Not later than June 15 of each year, the commissioner
shall, in writing, either approve or reject any campus turnaround
plan prepared and submitted to the commissioner by a district. If
the commissioner rejects a campus turnaround plan, the commissioner
must also send the district an outline of the specific concerns
regarding the turnaround plan that resulted in the rejection.
(b-11) If the commissioner rejects a campus turnaround
plan, the district must create a modified plan with assistance from
agency staff and submit the modified plan to the commissioner for
approval not later than the 60th day after the date the commissioner
rejects the campus turnaround plan. The commissioner shall notify
the district in writing of the commissioner's decision regarding
the modified plan not later than the 15th day after the date the
commissioner receives the modified plan.
SECTION 6. Section 12A.001(b), Education Code, is amended
to read as follows:
(b) A school district is eligible for designation as a
district of innovation only if the district's most recent overall
performance rating under Section 39.054 is exemplary, recognized,
or acceptable as reflected by an overall [reflects at least
acceptable] performance rating of A, B, or C.
SECTION 7. Section 12A.001(b), Education Code, as amended
by this Act, applies only to a school district designated as a
district of innovation on or after the effective date of this Act.
SECTION 8. This Act applies beginning with the 2017-2018
school year.
SECTION 9. 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, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1500 was passed by the House on May 3,
2017, by the following vote: Yeas 145, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1500 on May 26, 2017, by the following vote: Yeas 143, Nays 0,
2 present, not voting, and that the House adopted S.C.R. No. 62
authorizing certain corrections in H.B. No. 1500 on May 29, 2017, by
the following vote: Yeas 141, Nays 3, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1500 was passed by the Senate, with
amendments, on May 24, 2017, by the following vote: Yeas 31, Nays
0, and that the Senate adopted S.C.R. No. 62 authorizing certain
corrections in H.B. No. 1500 on May 29, 2017, by the following vote:
Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor