By: Huberty H.B. No. 22
A BILL TO BE ENTITLED
AN ACT
relating to public school accountability.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 29.202, Education Code, is amended as
follows:
Sec. 29.202. ELIGIBILITY. (a) A student is eligible to
receive a public education grant or to attend another public school
in the district in which the student resides under this subchapter
if the student is assigned to attend a public school campus that has
been issued an unacceptable performance rating, in both the student
achievement domain under Section 39.053(c)(1) and the school
progress domain under Section 39.053(c)(2), that is made publicly
available under Section 39.054:
(1) at which 50 percent or more of the students did not
perform satisfactorily on an assessment instrument administered
under Section 39.023(a) or (c) in any two of the preceding three
years (a-3) ; or
(2) that, at any time in the preceding three years,
failed to satisfy any standard under Section 39.054(e).
(b) After a student has used a public education grant to
attend a school in a district other than the district in which the
student resides:
(1) the student does not become ineligible for the
grant if the school on which the student's initial eligibility is
based no longer meets the criteria under Subsection (a); and
(2) the student becomes ineligible for the grant if
the student is assigned to attend a school that does not meet the
criteria under Subsection (a).
SECTION 2. Section 39.052(b)(1), Education Code, is amended
as follows:
Sec. 39.052. DETERMINATION OF ACCREDITATION STATUS OR
PERFORMANCE RATING. (a) Each year, the commissioner shall
determine the accreditation status of each school district.
(b) In determining the accreditation status of a school
district, the commissioner:
(1) shall evaluate and consider:
(A) performance in the domains on 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 3. Section 39.053, Education Code, is amended as
follows:
Sec. 39.053. PERFORMANCE INDICATORS: ACHIEVEMENT. (a) The
commissioner shall adopt a set of indicators, including the
indicators within the domains specified under Subsection (c), of
the quality of learning and achievement. The commissioner
periodically 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 achievement indicators in the
domains adopted under Subsections (c)(1)-(4), (2), and (3)(B)-(C)
shall be compared to state-established standards. To the extent
feasible, the The indicators must be based on information that is
disaggregated should allow for disaggregation by race, ethnicity,
and socioeconomic status.
(c) School districts and campuses must be evaluated based on
three five domains of indicators of achievement adopted under this
section that include:
(1) in the student achievement first domain,
indicators of student achievement that shall include the results
of:
(A) the results of assessment instruments
required under Sections 39.023(a), (c), and (l), as applicable for
the district and campus, 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) the results of assessment instruments
required under Section 39.023(b), as applicable for the district
and campus 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;
(C) the results of locally selected assessments,
to the extent that alternative assessments are available under
rules to be adopted by the commissioner;
(D) for evaluating the performance of high school
campuses and districts that include high school campuses,
indicators that account for:
(i) 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 or mathematics designated by
the Texas Higher Education Coordinating Board under Section
51.3062(c);
(ii) students who satisfy standards on
advanced placement assessments, college level examination program
assessments, or similar assessments;
(iii) students who earn the qualifying
number of dual course credits;
(iv) students who enlist in the armed
forces of the United States;
(v) students who earn a qualifying industry
certification;
(vi) students admitted into postsecondary
industry certification programs that require as a prerequisite for
entrance performance or attainment of secondary level success;
(vii) students whose successful completion
of a course or courses under Section 28.014 indicates the student's
preparation to enroll and succeed, without remediation, in an entry
level general education course for a baccalaureate degree or
associate degree;
(viii) students who successfully met
standards on a composite of indicators that through research
indicates the student's preparation to enroll and succeed, without
remediation, in an entry level general education course for a
baccalaureate degree or associate degree;
(ix) students' high school graduation
rates, including completion rates, computed in accordance with
standards and definitions adopted in compliance with the Every
Student Succeeds Act (20 U.S.C. Section 6301 et seq.) except as
provided by Subsections (g), (g-1), (g-2) and Section 39.054(f);
(x) students who successfully complete the
distinguished level of achievement under Section 28.025(b-7); and
(xi) students who complete an associate
level degree while enrolled in high school;
(E) for evaluating the performance of middle
school campuses and districts that serve students through the
eighth grade, indicators that account for:
(i) students who satisfy standards on
advanced placement assessments, college admissions tests, or
similar assessments; and
(ii) students who drop out of school
annually and do not return by a certain date, established in rules
to be adopted by the commissioner, in the following school year; and
(F) for evaluating the performance of campuses
and districts that serve elementary, middle, and high school
students, indicators that account for:
(i) students who successfully complete fine
arts, physical education, or second language acquisition courses or
enrichment classes;
(ii) students who participate in
extra-curricular programs, such as UIL (academic, fine arts,
athletic), clubs (foreign language, fine arts, chess, robotics,
etc.), or other extra-curricular activities.
(2) in the school progress second domain, indicators
that account for effectiveness in promoting student learning, which
may include:
(A) for assessment instruments, including
assessment instruments under Subdivision (1)(A), (1)(B), and to the
extent available, (1)(C), indicators that account for:
(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,
including students who took English language proficiency
assessments under Section 29.056(a)(2) and met the applicable
standards for improvement; 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;
(B) students identified under Section 29.052 who
successfully exit the programs by meeting criteria under Section
29.056(g) 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;
(C) students enrolled in grade 9 for the first
time who have earned enough credits by the end of that school year
for promotion to the next grade level;
(D) students enrolled in grades 1 through 8 who,
by the end of the school year, successfully complete curriculum
requirements for advancement to the next grade level;
(E) students who complete varied, rigorous and
relevant curricular options that lead to postsecondary success,
including completion of advanced placement courses or other similar
courses;
(F) for middle and high school campuses and
districts that serve students in grades 6, 7, 8, 9, 10, 11, or 12,
student participation rates in advanced placement, international
baccalaureate, college admissions or preliminary college
admissions assessments; and
(G) the performance of a district or campus
compared to similar districts or campuses; and
(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 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 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 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;
(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) 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
(3) (5) in the school climate fifth domain, indicators
of school climate, which may include:
(A) three programs or specific categories of
performance related to community and student engagement locally
selected and evaluated as provided by Section 39.0546, which shall
comprise at least 50% of the domain rating;
(B) students who successfully complete at least
one endorsement under Section 28.025(c-1);
(C) students who successfully complete a
coherent sequence of career and technical courses or a coherent
sequence of fine arts courses;
(D) economically disadvantaged students who
successfully complete a postsecondary readiness course;
(E) students who are not absent 15 days or more
during the school year. "Absent" in this subsection means that the
students is not physically on school grounds and is not
participating in instruction or instruction-related activities at
an approved off-campus location for the school day, without regard
to whether the absence is excused or unexcused;
(F) teacher quality indicators as determined by
the commissioner;
(G) for elementary campuses serving kindergarten
through fifth grade, student participation rates in literacy and
mathematics academies;
(H) for elementary campuses serving
Pre-Kindergarten, student participation rates in full-day
Pre-kindergarten programs;
(I) health and wellness indicators as determined
by the commissioner; and
(J) results from a local evaluation of school or
district climate, obtained through a uniform method of data
collection adopted into rule by the commissioner, for all schools
and districts in the state;
(c-1) An indicator adopted under Subsection (c) that would
measure improvements in student, campus, or district progress in
the school progress domain achievement cannot negatively affect the
commissioner's review of a school district or campus if that
district or campus is already achieving at the highest level for
that indicator.
(c-2) The commissioner by rule shall determine a method by
which a student's performance may be included in determining the
performance rating of a school district or campus under Section
39.054 if, before the student graduates, the student:
(1) satisfies 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 designated by the Texas Higher Education
Coordinating Board under Section 51.3062(c); or
(2) performs satisfactorily on an assessment
instrument under Section 39.023(c), notwithstanding Subsection
(d).
(d) For purposes of Subsection (c), the commissioner by rule
shall determine the period within which a student must retake an
assessment instrument for that assessment instrument to be
considered in determining the performance rating of the district
under Section 39.054.
(d-1) In aggregating results of assessment instruments
across grade levels by subject in accordance with Subsection
(c)(1)(A) the performance of a student enrolled below the high
school level on an assessment instrument required under Section
39.023(c) is included with results relating to other students
enrolled at the same grade level.
(e) [Repealed by Acts 2015, 84th Leg., R.S., Ch. 1094 (H.B.
2804), effective June 19, 2015.
(f) By September 30 annually, or as soon thereafter as
possible Annually, the commissioner shall define the state standard
for the current school year for each domain adopted under this
section and evaluated under Section 39.054. In consultation with
educators, parents, business and industry, as necessary, the
commissioner shall establish and modify standards to continuously
improve student performance to achieve the goals of eliminating
achievement gaps based on race, ethnic and socioeconomic status and
to ensure Texas is a national leader in preparing students for
postsecondary success. achievement indicator described by
Subsections (c)(1)-(4) 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 achievement indicator described by Subsection
(c)(1)(A)(ii) 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 the computation of a defining the required state
standard for the dropout rate indicator described by graduation or
completion rate such as a high school graduation rate under
Subsections (c)(1)(D)(ix) (c)(4)(A)(i) and (B)(ii)(a), 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 such as high
school graduation or completion rates under Subsections
(c)(1)(D)(ix) (c)(4)(A)(i) and (B)(ii)(a), 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, unless the student graduates;
(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 whose initial enrollment in Texas public
schools occurred in grades 11-12;
(6) 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
(7) students who are incarcerated in state jails and
federal penitentiaries as adults and as persons certified to stand
trial as adults.
(g-2) In computing completion rates such as high school
graduation rates under Subsection (c)(1)(D)(ix) (c)(2), the
commissioner shall exclude students who:
(1) are at least 18 years of age as of September 1 of
the school year as reported for the fall semester Public Education
Information Management System (PEIMS) submission and have
satisfied the credit requirements for high school graduation;
(2) have not completed their individualized education
program under 19 T.A.C. Section 89.1070(b)(2) and the Individuals
with Disabilities Education Act (20 U.S.C. Section 1400 et seq.);
and
(3) are enrolled and receiving individualized
education program services.
(g-3) In annually computing results under Section 39.053©,
the commissioner shall exclude students who are newly enrolled in
Texas public schools from the evaluation of results under Section
39.054(a), as effective on September 1, 2017. The term "newly
enrolled" in this subsection refers to students who transfer into
Texas public schools from out of state or out of the country, and
who have no prior history of enrollment within Texas public
schools.
(h) Each school district shall cooperate with the agency in
determining whether a student is a dropout for purposes of
accreditation and evaluating performance by school districts and
campuses under this chapter.
(i) Each school district shall submit the data required for
the indicators adopted under this section, to the extent necessary
for processing under Section 39.054. The commissioner by rule
shall adopt accountability measures to be used in assessing the
progress of students who have failed to perform satisfactorily as
determined by the commissioner under Section 39.0241(a) or under
the college readiness standard as determined under Section 39.0241
in the preceding school year on an assessment instrument required
under Section 39.023(a), (c), or (l).
SECTION 4. Section 39.0531, Education Code, is added as
follows:
Sec. 39.0531. STUDENT SURVEYS. (a) The commissioner may
incorporate student surveys as an indicator under 39.053(c)(3).
(b) The commissioner may develop rules to implement this
section, including rules:
(1) determining the format of student surveys;
(2) determining the questions that student surveys
must include;
(3) establishing when student surveys must be
conducted;
(4) establishing requirements and parameters for
administering and reporting results of the student surveys; and
(5) authorizing school districts and open enrollment
charter schools to administer the student surveys or include the
required survey questions in a locally administered student survey.
(c) Notwithstanding any other provision including Section
21.355, school districts and open enrollment charter schools shall
report the information required under this section to the agency in
accordance with rules adopted under subsection (b).
(d) The commissioner may contract with a third party to
fulfill any and all functions under this section.
(e) The commissioner shall determine the feasibility of
incorporating student surveys for use in the accountability ratings
by the 2021-2022 school year, by piloting the use of such surveys in
the 2018-2019 school year and reporting the results of such surveys
in the 2019-2020 and 2020-2021 school years. This subsection
expires September 1, 2022.
SECTION 5. Section 39.054, Education Code, is amended as
follows:
Sec. 39.054. METHODS AND STANDARDS FOR EVALUATING
PERFORMANCE.
(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 domain under Sections 39.0 53(c)(1)-(3) (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 in need of
improvement. A 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 exemplary, recognized, or acceptable or needs
improvement performance.
(a-1) In assigning ratings under Subsection (a):
(1) the commissioner may adjust the performance rating
for a domain disaggregated by race, ethnicity, socioeconomic
status, or other factors;
(2) the weight given to the indicators in Section
39.053(c)(1)(A) and (B), combined, may not be greater than 50
percent of the total weight in assigning a rating to the student
achievement domain under Section 39.053(c)(1); and
(3) the weight given to the indicators in Section
39.053(c)(2)(A) may not be greater than 50 percent of the total
weight in assigning a rating to the student progress domain under
Section 39.053(c)(2).
If the commissioner determines a domain rating adjustment is
needed, the adjustment is limited to one and only one letter grade
change.
For purposes of assigning an overall performance rating under
Subsection (a), the commissioner shall attribute:
(1) 55 percent of the performance evaluation to the
achievement indicators for the first, second, and third domains
under Sections 39.053(c)(1)-(3);
(2) for middle and junior high school and elementary
campuses and districts that include only those campuses, 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:
(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) 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).
(a-2) For purposes of evaluating the performance of a school
or district under Subsection (a), to the extent feasible, the
commissioner shall give greater weight to the results of students
who have been enrolled for at least four consecutive years in the
same school or district. 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-3) Not later than August 15 of each year, the performance
ratings of each district and campus shall be made publicly
available as provided by rules adopted under this section. If a
district or campus received an overall or domain performance rating
of D or F for the preceding school year, the commissioner shall
notify the district of a subsequent such designation on or before
June 15 or as soon thereafter as is practicable.
(b) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1094, Sec.
22, eff. June 19, 2015.
(b-1) Consideration of the effectiveness of district
programs under Section 39.052(b)(2)(B) or (C):
(1) must:
(A) be based on data collected through the Public
Education Information Management System (PEIMS) for purposes of
accountability under this chapter; and
(B) include the results of assessments required
under Section 39.023; and
(2) may be based on the results of a special
accreditation investigation conducted under Section 39.057.
(c) In evaluating school district and campus performance on
the achievement indicators for student performance on assessment
instruments adopted under Sections 39.053(c)(1)(A)-(B) and
39.053(c)(1)(D)(x) and in the school progress domain under Section
39.053(c)(2)(A)(2) and the dropout rate indicator adopted under
Sections 39.053(c)(4)(A)(i) and (B)(ii)(a), the commissioner shall
evaluate define acceptable performance as meeting the state
standard determined by the commissioner under Section 39.053(f) for
the current school year based on:
(1) student performance in the current school
year; or
(2) when necessary to address small numbers of records
available to use in the calculations, student performance as
averaged over the current school year and the preceding two school
years.
(d) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1094, Sec.
22, eff. June 19, 2015.
(d-1) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1094, Sec.
22, eff. June 19, 2015.
(e) Each annual performance review under this section shall
include an analysis of the domains student achievement indicators
adopted under Section 39.053, including Subsections
39.053(c)(1)-(3),(4) to determine school district and campus
performance in relation to standards established for each domain
indicator.
(f) In the computation of dropout rates and completion rates
such as high school graduation rates under Sections
39.053(c)(1)(D)(ix)(c)(4)(A)(i) and (B)(ii)(a), 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. Section 39.0541, Education Code, is added as
follows:
Sec. 39.0541. ADOPTION OF INDICATORS AND STANDARDS. (a)
The commissioner may adopt rules to implement this chapter.
(b) The commissioner shall adopt indicators and standards
under this chapter at any time prior to September 30 of the same
school year in which the evaluation of a school district or campus
will take place.
SECTION 7. Section 39.0546, Education Code, is amended 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)(3)(A)(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 reflects
performance in need of improvement. An overall or a program or
category performance rating of 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 ratings in
evaluating school district and campus performance and assigning an
overall rating the school climate domain under Sections
39.053(c)(3) and 39.054.
SECTION 8. Section 39.0548, Education Code, is amended as
follows:
Sec. 39.0548. EVALUATING DROPOUT RECOVERY SCHOOLS. (a)
For purposes of evaluating performance under Section 39.053(c), the
commissioner shall designate as a dropout recovery school a school
district or an open-enrollment charter school or a campus of a
district or of an open-enrollment charter school:
(1) that serves students in grades 9 through 12 and has
an enrollment of which at least 50 percent of the students are 1517
years of age or older as of September 1 of the school year as
reported for the fall semester Public Education Information
Management System (PEIMS) submission; and
(2) that meets the eligibility requirements for and is
registered under alternative education accountability procedures
adopted by the commissioner.
(b) Notwithstanding Section 39.053(c)(1)(D)(ix) the
commissioner shall use the alternative completion rate under this
subsection to determine the dropout graduation rate indicator under
Section 39.053(c)(1)(D)(ix) (c)(4)(A)(i) 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)(1)(D)(ix)
(c)(4)(A)(i), 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 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 any retake of an assessment instrument
administered to a student in the school year evaluated may be
considered; and
(2) only a student enrolled continuously for at least
90 days during the school year evaluated may be considered.
SECTION 9. The indicator measures and domains established
under Section 39.053, as revised, shall be evaluated under the
procedures in Section 39.054, as revised, beginning in August 2019.
SECTION 10. (a) No later than December 1, 2017, the
commissioner shall prepare a report to the governor, lieutenant
governor, speaker of the House, and the chairs of the Senate
committee on education and the House committee on public education
that, to the greatest extent possible, describes and lists the
ratings that would be assigned to each school and district under
Section 39.054, if the domains and indicators described in Section
39.053 in August, 2018, were in place in August, 2017, using
available data from no later than the 2017-2018 school year. The
report shall include information about the extent to which ratings
under Section 39.054 correlate with student demographic
characteristics, including economic status, continuously enrolled
status, identification as a student with limited English
proficiency under Section 29.052, and identification for special
education under Section 29.003(b).
(b) No later than December 1, 2018, the commissioner shall
prepare a report to the governor, lieutenant governor, speaker of
the House, and the chairs of the Senate committee on education and
the House committee on public education that, to the greatest
extent possible, describes and lists the ratings that would be
assigned to each school and district under Section 39.054, if the
domains and indicators described in Section 39.053 in August, 2019,
were in place in August, 2018, using available data from no later
than the 2017-2018 school year. The report shall include
information about the extent to which ratings under Section 39.054
correlate with student demographic characteristics, including
economic status, continuously enrolled status, identification as a
student with limited English proficiency under Section 29.052, and
identification for special education under Section 29.003(b).
(c) This section expires on December 1, 2019.
SECTION 11. This Act takes effect September 1, 2017.