Texas 2017 - 85th Regular

Texas House Bill HB22 Compare Versions

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1-H.B. No. 22
1+By: Huberty, et al. H.B. No. 22
2+ (Senate Sponsor - Taylor of Galveston)
3+ (In the Senate - Received from the House May 5, 2017;
4+ May 11, 2017, read first time and referred to Committee on
5+ Education; May 22, 2017, reported adversely, with favorable
6+ Committee Substitute by the following vote: Yeas 10, Nays 0;
7+ May 22, 2017, sent to printer.)
8+Click here to see the committee vote
9+ COMMITTEE SUBSTITUTE FOR H.B. No. 22 By: Taylor of Galveston
210
311
12+ A BILL TO BE ENTITLED
413 AN ACT
5- relating to public school accountability.
14+ relating to evaluating public school performance.
615 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
716 SECTION 1. Section 11.252(a), Education Code, is amended to
817 read as follows:
918 (a) Each school district shall have a district improvement
1019 plan that is developed, evaluated, and revised annually, in
1120 accordance with district policy, by the superintendent with the
1221 assistance of the district-level committee established under
1322 Section 11.251. The purpose of the district improvement plan is to
1423 guide district and campus staff in the improvement of student
1524 performance for all student groups in order to attain state
1625 standards in respect to the achievement indicators adopted under
1726 Section 39.053(c) [Sections 39.053(c)(1)-(4)]. The district
1827 improvement plan must include provisions for:
1928 (1) a comprehensive needs assessment addressing
2029 district student performance on the achievement indicators, and
2130 other appropriate measures of performance, that are disaggregated
2231 by all student groups served by the district, including categories
2332 of ethnicity, socioeconomic status, sex, and populations served by
2433 special programs, including students in special education programs
2534 under Subchapter A, Chapter 29;
2635 (2) measurable district performance objectives for
2736 all appropriate achievement indicators for all student
2837 populations, including students in special education programs
2938 under Subchapter A, Chapter 29, and other measures of student
3039 performance that may be identified through the comprehensive needs
3140 assessment;
3241 (3) strategies for improvement of student performance
3342 that include:
3443 (A) instructional methods for addressing the
3544 needs of student groups not achieving their full potential;
3645 (B) methods for addressing the needs of students
3746 for special programs, including:
3847 (i) suicide prevention programs, in
3948 accordance with Subchapter O-1, Chapter 161, Health and Safety
4049 Code, which includes a parental or guardian notification procedure;
4150 (ii) conflict resolution programs;
4251 (iii) violence prevention programs; and
4352 (iv) dyslexia treatment programs;
4453 (C) dropout reduction;
4554 (D) integration of technology in instructional
4655 and administrative programs;
4756 (E) discipline management;
4857 (F) staff development for professional staff of
4958 the district;
5059 (G) career education to assist students in
5160 developing the knowledge, skills, and competencies necessary for a
5261 broad range of career opportunities; and
5362 (H) accelerated education;
5463 (4) strategies for providing to middle school, junior
5564 high school, and high school students, those students' teachers and
5665 school counselors, and those students' parents information about:
5766 (A) higher education admissions and financial
5867 aid opportunities;
5968 (B) the TEXAS grant program and the Teach for
6069 Texas grant program established under Chapter 56;
6170 (C) the need for students to make informed
6271 curriculum choices to be prepared for success beyond high school;
6372 and
6473 (D) sources of information on higher education
6574 admissions and financial aid;
6675 (5) resources needed to implement identified
6776 strategies;
6877 (6) staff responsible for ensuring the accomplishment
6978 of each strategy;
7079 (7) timelines for ongoing monitoring of the
7180 implementation of each improvement strategy;
7281 (8) formative evaluation criteria for determining
7382 periodically whether strategies are resulting in intended
7483 improvement of student performance; and
7584 (9) the policy under Section 38.0041 addressing sexual
7685 abuse and other maltreatment of children.
7786 SECTION 2. Section 11.253(c), Education Code, is amended to
7887 read as follows:
7988 (c) Each school year, the principal of each school campus,
8089 with the assistance of the campus-level committee, shall develop,
8190 review, and revise the campus improvement plan for the purpose of
8291 improving student performance for all student populations,
8392 including students in special education programs under Subchapter
8493 A, Chapter 29, with respect to the achievement indicators adopted
8594 under Section 39.053(c) [Sections 39.053(c)(1)-(4)] and any other
8695 appropriate performance measures for special needs populations.
8796 SECTION 3. Section 12.1013(c), Education Code, is amended
8897 to read as follows:
8998 (c) The report must include the performance of each public
9099 school in each class described by Subsection (b) as measured by the
91100 achievement indicators adopted under Section 39.053(c) [Sections
92101 39.053(c)(1)-(4)] and student attrition rates.
93102 SECTION 4. Section 29.062(a), Education Code, is amended to
94103 read as follows:
95104 (a) The legislature recognizes that compliance with this
96105 subchapter is an imperative public necessity. Therefore, in
97106 accordance with the policy of the state, the agency shall evaluate
98107 the effectiveness of programs under this subchapter based on the
99108 achievement indicators adopted under Section 39.053(c) [Sections
100109 39.053(c)(1)-(4)], including the results of assessment
101110 instruments. The agency may combine evaluations under this section
102111 with federal accountability measures concerning students of
103112 limited English proficiency.
104113 SECTION 5. Section 29.202(a), Education Code, is amended to
105114 read as follows:
106115 (a) A student is eligible to receive a public education
107116 grant or to attend another public school in the district in which
108117 the student resides under this subchapter if the student is
109- assigned to attend a public school campus assigned an unacceptable
110- performance rating that is made publicly available under Section
111- 39.054 for:
112- (1) the student achievement domain under Section
113- 39.053(c)(1) [at which 50 percent or more of the students did not
114- perform satisfactorily on an assessment instrument administered
115- under Section 39.023(a) or (c) in any two of the preceding three
116- years]; and [or]
117- (2) the school progress domain under Section
118- 39.053(c)(2) [that, at any time in the preceding three years,
118+ assigned to attend a public school campus issued an unacceptable
119+ performance rating made publicly available under Section 39.054[:
120+ [(1) at which 50 percent or more of the students did
121+ not perform satisfactorily on an assessment instrument
122+ administered under Section 39.023(a) or (c) in any two of the
123+ preceding three years; or
124+ [(2) that, at any time in the preceding three years,
119125 failed to satisfy any standard under Section 39.054(e)].
120126 SECTION 6. Chapter 39, Education Code, is amended by adding
121127 Subchapter A to read as follows:
122128 SUBCHAPTER A. GENERAL PROVISIONS
123- Sec. 39.001. RULES. (a) The commissioner shall adopt rules
124- as necessary to administer this chapter.
125- (b) In adopting a rule under this chapter, the commissioner
126- shall solicit input statewide from persons who would likely be
127- affected by the proposed rule, including school district boards of
128- trustees, administrators and teachers employed by school
129- districts, parents of students enrolled in school districts, and
130- other interested stakeholders.
129+ Sec. 39.001. RULES. The commissioner may adopt rules as
130+ necessary to administer this chapter.
131131 Sec. 39.002. ADVISORY COMMITTEE. An advisory committee
132132 appointed under this chapter is not subject to Chapter 2110,
133133 Government Code.
134134 SECTION 7. Section 39.052(b), Education Code, is amended to
135135 read as follows:
136136 (b) In determining the accreditation status of a school
137137 district, the commissioner:
138138 (1) shall evaluate and consider:
139139 (A) performance on achievement indicators
140140 described by Section 39.053 [39.053(c)]; and
141141 (B) performance under the financial
142142 accountability rating system developed under Subchapter D; and
143143 (2) may evaluate and consider:
144144 (A) the district's compliance with statutory
145145 requirements and requirements imposed by rule of the commissioner
146146 or State Board of Education under specific statutory authority that
147147 relate to:
148148 (i) reporting data through the Public
149149 Education Information Management System (PEIMS) or other reports
150150 required by state or federal law or court order;
151151 (ii) the high school graduation
152152 requirements under Section 28.025; or
153153 (iii) an item listed under Sections
154154 7.056(e)(3)(C)-(I) that applies to the district;
155155 (B) the effectiveness of the district's programs
156156 for special populations; and
157157 (C) the effectiveness of the district's career
158158 and technology program.
159159 SECTION 8. Section 39.053, Education Code, is amended by
160160 amending Subsections (a), (a-1), (b), (c), (d-1), (f), (g), (g-1),
161- (g-2), and (i) and adding Subsections (c-3) and (e) to read as
162- follows:
163- (a) The commissioner shall adopt a set of indicators of the
164- quality of learning and achievement, including the indicators under
165- Subsection (c). The commissioner periodically [biennially] shall
166- review the indicators for the consideration of appropriate
167- revisions.
161+ (g-2), and (i) and adding Subsection (c-3) to read as follows:
162+ (a) The commissioner shall adopt a set of indicators,
163+ including indicators under Subsection (c), of the quality of
164+ learning and achievement. The commissioner [biennially] shall
165+ periodically review the indicators for the consideration of
166+ appropriate revisions.
168167 (a-1) The indicators adopted by the commissioner under
169168 Subsection (a)[, including the indicators identified under
170169 Subsection (c),] must measure and evaluate school districts and
171170 campuses with respect to:
172171 (1) improving student preparedness for success in:
173172 (A) subsequent grade levels; and
174173 (B) entering the workforce, the military, or
175174 postsecondary education;
176175 (2) reducing, with the goal of eliminating, student
177176 academic achievement differentials among students from different
178177 racial and ethnic groups and socioeconomic backgrounds; and
179178 (3) informing parents and the community regarding
180179 campus and district performance [in the domains described by
181180 Subsection (c) and, for the domain described by Subsection (c)(5),
182181 in accordance with local priorities and preferences].
183182 (b) Performance on the achievement indicators adopted under
184- Subsection (c) [Subsections (c)(1)-(4)] shall be compared to
185- state-established standards. The indicators must be based on
186- information that is disaggregated by race, ethnicity, and
183+ Subsections (c)(1), (2), and (3)(B) and (C) [(c)(1)-(4)] shall be
184+ compared to state-established standards. The indicators in
185+ Subsections (c)(1) and (2) must be based on information that
186+ considers academic achievement differentials among students,
187+ including information that is disaggregated by race, ethnicity, and
187188 socioeconomic status.
188189 (c) School districts and campuses must be evaluated based on
189190 three [five] domains of indicators of achievement adopted under
190191 this section that include:
191192 (1) in the student achievement [first] domain,
192- indicators of student achievement that must include [the results
193+ indicators of student achievement that may include [the results
193194 of]:
194195 (A) for evaluating the performance of districts
195196 and campuses generally:
196197 (i) an indicator that accounts for the
197198 results of assessment instruments required under Sections
198199 39.023(a), (c), and (l), as applicable for the district and campus,
199200 including the results of assessment instruments required for
200201 graduation retaken by a student, aggregated across grade levels by
201202 subject area, including:
202203 (a) [(i)] for the performance
203204 standard determined by the commissioner under Section 39.0241(a),
204205 the percentage of students who performed satisfactorily on the
205206 assessment instruments, aggregated across grade levels by subject
206207 area; and
207208 (b) [(ii)] for the college readiness
208209 performance standard as determined under Section 39.0241, the
209210 percentage of students who performed satisfactorily on the
210211 assessment instruments, aggregated across grade levels by subject
211212 area; and
212- (ii) [(B)] an indicator that accounts for
213- the results of assessment instruments required under Section
213+ (ii) an indicator that accounts for the
214+ results of [(B)] assessment instruments required under Section
214215 39.023(b), as applicable for the district and campus, [aggregated
215216 across grade levels by subject area,] including the percentage of
216217 students who performed satisfactorily on the assessment
217218 instruments, as determined by the performance standard adopted by
218219 the agency, aggregated across grade levels by subject area; and
219220 (B) for evaluating the performance of high school
220221 campuses and districts that include high school campuses,
221222 indicators that account for:
222223 (i) students who satisfy the Texas Success
223224 Initiative (TSI) college readiness benchmarks prescribed by the
224225 Texas Higher Education Coordinating Board under Section 51.3062(f)
225226 on an assessment instrument in reading or mathematics designated by
226227 the Texas Higher Education Coordinating Board under Section
227228 51.3062(c);
228229 (ii) students who satisfy relevant
229230 performance standards on advanced placement tests or similar
230231 assessments;
231232 (iii) students who earn dual course credits
232233 in the dual credit courses;
233234 (iv) students who enlist in the armed
234235 forces of the United States;
235236 (v) students who earn industry
236237 certifications;
237238 (vi) students admitted into postsecondary
238239 industry certification programs that require as a prerequisite for
239240 entrance successful performance at the secondary level;
240241 (vii) students whose successful completion
241242 of a course or courses under Section 28.014 indicates the student's
242243 preparation to enroll and succeed, without remediation, in an
243244 entry-level general education course for a baccalaureate degree or
244245 associate degree;
245246 (viii) students who successfully met
246247 standards on a composite of indicators that through research
247248 indicates the student's preparation to enroll and succeed, without
248249 remediation, in an entry-level general education course for a
249- baccalaureate degree or associate degree;
250+ baccalaureate degree or associate degree; and
250251 (ix) high school graduation rates, computed
251252 in accordance with standards and definitions adopted in compliance
252253 with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.)
253254 subject to the exclusions provided by Subsections (g), (g-1),
254255 (g-2), and (g-3);
255- (x) students who successfully completed an
256- OnRamps dual enrollment course; and
257- (xi) students who are awarded an
258- associate's degree;
259- (2) in the school progress [second] domain, indicators
260- for effectiveness in promoting student learning, which must
261- include:
256+ (2) in the school performance [second] domain,
257+ indicators of student performance, which may include:
262258 (A) for assessment instruments, including
263259 assessment instruments under Subdivisions (1)(A)(i) and (ii)
264- [under Subdivision (1)(A):
260+ [Subdivision (1)(A):
265261 [(i) for the performance standard
266262 determined by the commissioner under Section 39.0241(a)], the
267263 percentage of students who met the standard for [annual]
268- improvement [on the assessment instruments], as determined by the
264+ improvement [on the assessment instruments,] as determined by the
269265 commissioner [by rule or by the method for measuring annual
270266 improvement under Section 39.034, aggregated across grade levels by
271267 subject area; and
272268 [(ii) for the college readiness performance
273269 standard as determined under Section 39.0241, the percentage of
274270 students who met the standard for annual improvement on the
275271 assessment instruments, as determined by the commissioner by rule
276272 or by the method for measuring annual improvement under Section
277273 39.034, aggregated across grade levels by subject area]; and
278- (B) for evaluating relative performance, the
279- performance of districts and campuses compared to similar districts
274+ (B) for overall student performance, the
275+ performance of districts or campuses compared to similar districts
280276 or campuses [for assessment instruments under Subdivision (1)(B),
281277 the percentage of students who met the standard for annual
282278 improvement on the assessment instruments, as determined by the
283279 commissioner by rule or by the method for measuring annual
284280 improvement under Section 39.034, aggregated across grade levels by
285281 subject area;
286282 [(3) in the third domain, the student academic
287283 achievement differentials among students from different racial and
288284 ethnic groups and socioeconomic backgrounds;
289285 [(4) in the fourth domain:
290286 [(A) for evaluating the performance of high
291287 school campuses and districts that include high school campuses:
292288 [(i) dropout rates, including dropout rates
293289 and district completion rates for grade levels 9 through 12,
294290 computed in accordance with standards and definitions adopted by
295291 the National Center for Education Statistics of the United States
296292 Department of Education;
297293 [(ii) high school graduation rates,
298294 computed in accordance with standards and definitions adopted in
299295 compliance with the No Child Left Behind Act of 2001 (20 U.S.C.
300296 Section 6301 et seq.);
301297 [(iii) the percentage of students who
302298 successfully completed the curriculum requirements for the
303299 distinguished level of achievement under the foundation high school
304300 program;
305301 [(iv) the percentage of students who
306302 successfully completed the curriculum requirements for an
307303 endorsement under Section 28.025(c-1);
308304 [(v) the percentage of students who
309305 completed a coherent sequence of career and technical courses;
310306 [(vi) the percentage of students who
311307 satisfy the Texas Success Initiative (TSI) college readiness
312308 benchmarks prescribed by the Texas Higher Education Coordinating
313309 Board under Section 51.3062(f) on an assessment instrument in
314310 reading, writing, or mathematics designated by the Texas Higher
315311 Education Coordinating Board under Section 51.3062(c);
316312 [(vii) the percentage of students who earn
317313 at least 12 hours of postsecondary credit required for the
318314 foundation high school program under Section 28.025 or to earn an
319315 endorsement under Section 28.025(c-1);
320316 [(viii) the percentage of students who have
321317 completed an advanced placement course;
322318 [(ix) the percentage of students who enlist
323319 in the armed forces of the United States; and
324320 [(x) the percentage of students who earn an
325321 industry certification;
326322 [(B) for evaluating the performance of middle and
327323 junior high school and elementary school campuses and districts
328324 that include those campuses:
329325 [(i) student attendance; and
330326 [(ii) for middle and junior high school
331327 campuses:
332328 [(a) dropout rates, computed in the
333329 manner described by Paragraph (A)(i); and
334330 [(b) the percentage of students in
335331 grades seven and eight who receive instruction in preparing for
336332 high school, college, and a career that includes information
337333 regarding the creation of a high school personal graduation plan
338334 under Section 28.02121, the distinguished level of achievement
339335 described by Section 28.025(b-15), each endorsement described by
340336 Section 28.025(c-1), college readiness standards, and potential
341337 career choices and the education needed to enter those careers; and
342338 [(C) any additional indicators of student
343339 achievement not associated with performance on standardized
344340 assessment instruments determined appropriate for consideration by
345341 the commissioner in consultation with educators, parents, business
346342 and industry representatives, and employers]; and
347- (3) [(5)] in the closing the gaps [fifth] domain, the
348- use of disaggregated data to demonstrate the differentials among
349- students from different racial and ethnic groups, socioeconomic
350- backgrounds, and other factors, including:
351- (A) students formerly receiving special
352- education services;
353- (B) students continuously enrolled; and
354- (C) students who are mobile [three programs or
355- specific categories of performance related to community and student
356- engagement locally selected and evaluated as provided by Section
357- 39.0546].
358- (c-3) Any standard for improvement determined by the
359- commissioner as described by Subsection (c)(2)(A) must allow for
360- appropriately crediting a student for growth if the student
361- performs at the highest achievement standard in the previous and
362- current school year.
343+ (3) [(5)] in the school climate [fifth] domain,
344+ indicators of school climate, which may include:
345+ (A) three programs or specific categories of
346+ performance related to community and student engagement locally
347+ selected and evaluated as provided by Section 39.0546;
348+ (B) the percentage of students who successfully
349+ complete varied, rigorous, and relevant curricular options that
350+ lead to postsecondary success, including successfully completing
351+ advanced placement courses or other similar courses; and
352+ (C) the percentage of students who successfully
353+ complete a coherent sequence of:
354+ (i) career and technical courses that lead
355+ to industry certifications or college credit; or
356+ (ii) fine arts courses.
357+ (c-3) For purposes of Subsection (c), the commissioner, to
358+ the extent feasible, shall determine a method by which the
359+ performance of students who have been continuously enrolled in a
360+ school district or at a district campus, as applicable, as
361+ determined by continuous enrollment criteria established by the
362+ commissioner, shall be given greater weight in determining the
363+ overall and domain performance rating of the district or campus
364+ under Section 39.054 than the performance of students who do not
365+ meet the continuous enrollment criteria established by the
366+ commissioner.
363367 (d-1) In aggregating results of assessment instruments
364- across grade levels by subject in accordance with Subsection
365- (c)(1)(A)(i) [Subsection (c)(1)], the performance of a student
366- enrolled below the high school level on an assessment instrument
367- required under Section 39.023(c) is included with results relating
368- to other students enrolled at the same grade level.
369- (e) For purposes of Subsection (c)(3)(A), a student
370- formerly receiving special education services means a student whose
371- enrollment information:
372- (1) for the preceding school year, as reported through
373- the Public Education Information Management System (PEIMS),
374- indicates the student was enrolled at the campus and was
375- participating in a special education program; and
376- (2) for the current school year, as reported through
377- the Public Education Information Management System (PEIMS) and as
378- reported on assessment instruments administered to the student
379- under Section 39.023, indicates the student is enrolled at the
380- campus and is not participating in a special education program.
368+ across grade levels by subject in accordance with Subsections
369+ (c)(1)(A)(i) and (ii) [Subsection (c)(1)], the performance of a
370+ student enrolled below the high school level on an assessment
371+ instrument required under Section 39.023(c) is included with
372+ results relating to other students enrolled at the same grade
373+ level.
381374 (f) Annually, the commissioner shall define the state
382375 standard for the current school year for each achievement indicator
383376 adopted under this section. In consultation with educators,
384- parents, and business and industry representatives, as necessary,
385- the commissioner shall establish and modify standards to
377+ parents, and business and industry representatives, the
378+ commissioner shall establish and modify standards as necessary to
386379 continuously improve student performance to achieve the goals of
387380 eliminating achievement gaps based on race, ethnicity, and
388- socioeconomic status and to ensure this state is a national leader
389- in preparing students for postsecondary success [described by
381+ socioeconomic status and to ensure Texas is a national leader in
382+ preparing students for postsecondary success [described by
390383 Subsections (c)(1)-(4) and shall project the state standards for
391384 each indicator for the following two school years. The
392385 commissioner shall periodically raise the state standards for the
393386 college readiness achievement indicator described by Subsection
394387 (c)(1)(A)(ii) for accreditation as necessary to reach the goals of
395388 achieving, by not later than the 2019-2020 school year:
396389 [(1) student performance in this state, disaggregated
397390 by race, ethnicity, and socioeconomic status, that ranks nationally
398391 in the top 10 states in terms of college readiness; and
399392 [(2) student performance with no significant
400393 achievement gaps by race, ethnicity, and socioeconomic status].
401394 (g) In computing [defining the required state standard for
402395 the] dropout and completion rates such as high school graduation
403396 rates under Subsection (c)(1)(B)(ix) [rate indicator described by
404397 Subsections (c)(4)(A)(i) and (B)(ii)(a)], the commissioner may not
405398 consider as a dropout a student whose failure to attend school
406399 results from:
407400 (1) the student's expulsion under Section 37.007; and
408401 (2) as applicable:
409402 (A) adjudication as having engaged in delinquent
410403 conduct or conduct indicating a need for supervision, as defined by
411404 Section 51.03, Family Code; or
412405 (B) conviction of and sentencing for an offense
413406 under the Penal Code.
414407 (g-1) In computing dropout and completion rates such as high
415408 school graduation rates under Subsection (c)(1)(B)(ix)
416409 [Subsections (c)(4)(A)(i) and (B)(ii)(a)], the commissioner shall
417410 exclude:
418411 (1) students who are ordered by a court to attend a
419412 high school equivalency certificate program but who have not yet
420413 earned a high school equivalency certificate;
421414 (2) students who were previously reported to the state
422415 as dropouts, including a student who is reported as a dropout,
423416 reenrolls, and drops out again, regardless of the number of times of
424417 reenrollment and dropping out;
425418 (3) students in attendance who are not in membership
426419 for purposes of average daily attendance;
427420 (4) students whose initial enrollment in a school in
428- the United States in grades 7 through 12 was as an unschooled asylee
429- [refugees] or refugee [asylees] as defined by Section 39.027(a-1);
421+ the United States in grades 7 through 12 was as unschooled refugees
422+ or asylees as defined by Section 39.027(a-1);
430423 (5) students who are in the district exclusively as a
431424 function of having been detained at a county detention facility but
432425 are otherwise not students of the district in which the facility is
433426 located; and
434427 (6) students who are incarcerated in state jails and
435428 federal penitentiaries as adults and as persons certified to stand
436429 trial as adults.
437430 (g-2) In computing completion rates such as high school
438431 graduation rates under Subsection (c)(1)(B)(ix) [(c)(2)], the
439432 commissioner shall exclude students who:
440433 (1) are at least 18 years of age as of September 1 of
441434 the school year as reported for the fall semester Public Education
442435 Information Management System (PEIMS) submission and have
443436 satisfied the credit requirements for high school graduation;
444437 (2) have not completed their individualized education
445438 program under 19 T.A.C. Section 89.1070(b)(2) and the Individuals
446439 with Disabilities Education Act (20 U.S.C. Section 1400 et seq.);
447440 and
448441 (3) are enrolled and receiving individualized
449442 education program services.
450443 (i) Each school district shall submit the data required for
451444 the indicators adopted under this section to the [The] commissioner
452445 [by rule shall adopt accountability measures to be used in
453446 assessing the progress of students who have failed to perform
454447 satisfactorily as determined by the commissioner under Section
455448 39.0241(a) or under the college readiness standard as determined
456449 under Section 39.0241 in the preceding school year on an assessment
457450 instrument required under Section 39.023(a), (c), or (l)].
458451 SECTION 9. Subchapter C, Chapter 39, Education Code, is
459452 amended by adding Section 39.0533 to read as follows:
460453 Sec. 39.0533. EXTRACURRICULAR AND COCURRICULAR STUDENT
461454 ACTIVITY INDICATOR. (a) The commissioner shall study the
462455 feasibility of incorporating for evaluating school district and
463456 campus performance under this subchapter an indicator that accounts
464457 for extracurricular and cocurricular student activity. If the
465458 commissioner determines that an extracurricular and cocurricular
466459 student activity indicator is appropriate, the commissioner may
467460 adopt the indicator.
468461 (b) To determine the feasibility of adopting an indicator
469462 under this section, the commissioner may require a school district
470463 or campus to report requested information relating to
471464 extracurricular and cocurricular student activity.
472465 (c) The commissioner may establish an advisory committee to
473466 assist in determining the feasibility of incorporating an
474467 extracurricular and cocurricular student activity indicator for
475468 evaluating school district and campus performance.
476469 (d) Not later than December 1, 2022, the commissioner shall
477470 report to the legislature on the feasibility of incorporating an
478471 extracurricular and cocurricular student activity indicator,
479472 unless the commissioner adopts an indicator under this section
480473 before that date.
481474 (e) This section expires September 1, 2023.
482475 SECTION 10. Sections 39.054(a), (a-1), (a-2), (a-3), and
483476 (e), Education Code, as effective on September 1, 2017, are amended
484477 to read as follows:
485478 (a) The commissioner shall adopt rules to evaluate school
486479 district and campus performance and assign each district and campus
487480 an overall performance rating of A, B, C, D, or F. In addition to the
488481 overall performance rating, the commissioner shall assign each
489482 district and campus a separate domain performance rating of A, B, C,
490483 D, or F for each domain under Section 39.053(c) [Sections
491484 39.053(c)(1)-(4)]. An overall or domain performance rating of A
492485 reflects exemplary performance. An overall or domain performance
493486 rating of B reflects recognized performance. An overall or domain
494487 performance rating of C reflects acceptable performance. An
495- overall or domain performance rating of D reflects performance that
496- needs improvement. An overall or domain performance rating of [or]
497- F reflects unacceptable performance. A district may not receive an
498- overall or domain performance rating of A if the district includes
499- any campus with a corresponding overall or domain performance
500- rating of D or F. If a school district has been approved under
501- Section 39.0544 to assign campus performance ratings and the
502- commissioner has not assigned a campus an overall performance
503- rating of D or F, the commissioner shall assign the campus an
504- overall performance rating based on the school district assigned
505- performance rating under Section 39.0544. A reference in law to an
506- acceptable rating or acceptable performance includes an overall or
507- domain performance rating of A, B, [or] C, or D or performance that
508- is exemplary, recognized, or acceptable performance or performance
509- that needs improvement.
510- (a-1) For purposes of assigning an overall performance
511- rating for a district or campus under Subsection (a), the
512- commissioner shall:
513- (1) consider either the district's or campus's
514- performance rating under the student achievement domain under
515- Section 39.053(c)(1) or the school progress domain under Section
516- 39.053(c)(2), whichever performance rating is higher, unless the
517- district or campus received a performance rating of F in either
518- domain, in which case the district or campus may not be assigned a
519- performance rating higher than a B for the composite for the two
520- domains; and
521- (2) attribute not less than 30 percent of the
522- performance rating to the closing the gaps domain under Section
523- 39.053(c)(3) [an overall performance rating under Subsection (a),
524- the commissioner shall attribute:
525- [(1) 55 percent of the performance evaluation to the
526- achievement indicators for the first, second, and third domains
527- under Sections 39.053(c)(1)-(3);
488+ overall or domain performance rating of D or F reflects
489+ unacceptable performance. A district may not receive an overall or
490+ domain performance rating of A if the district includes any campus
491+ with a corresponding overall or domain performance rating of D or F.
492+ A reference in law to an acceptable rating or acceptable
493+ performance includes an overall or domain performance rating of A,
494+ B, or C or exemplary, recognized, or acceptable performance.
495+ (a-1) For purposes of assigning:
496+ (1) an overall performance rating under Subsection
497+ (a), the commissioner shall consider either performance under the
498+ student achievement domain under Section 39.053(c)(1) or the school
499+ performance domain under Section 39.053(c)(2), as designated by the
500+ school district or campus by notice provided to the commissioner in
501+ the manner provided by commissioner rule; and
502+ (2) a domain [an overall] performance rating under
503+ Subsection (a) for the school climate domain, the commissioner
504+ shall attribute 50[:
505+ [(1) 55] percent of the domain performance rating
506+ [evaluation] to the achievement indicator [indicators for the
507+ first, second, and third domains] under Section 39.053(c)(3)(A)
508+ [Sections 39.053(c)(1)-(3);
528509 [(2) for middle and junior high school and elementary
529510 campuses and districts that include only those campuses, 35 percent
530511 of the performance evaluation to the applicable achievement
531512 indicators for the fourth domain under Section 39.053(c)(4);
532513 [(3) for high school campuses and districts that
533514 include those campuses:
534515 [(A) 10 percent of the performance evaluation to
535516 the high school graduation rate achievement indicator described by
536517 Section 39.053(c)(4)(A)(ii); and
537518 [(B) 25 percent to the remaining applicable
538519 achievement indicators for the fourth domain under Section
539520 39.053(c)(4); and
540521 [(4) 10 percent of the performance evaluation to the
541522 locally selected and evaluated achievement indicators provided for
542523 under the fifth domain under Section 39.053(c)(5)].
543524 (a-2) The commissioner by rule may [shall] adopt procedures
544525 to ensure that a repeated performance rating of D or F or
545526 unacceptable in one domain, particularly performance that is not
546527 significantly improving, is reflected in the overall performance
547- rating of a district or campus under this section or a campus under
548- Section 39.0544 and is not compensated for by a performance rating
549- of A, B, or C in another domain.
528+ rating of a district or campus and is not compensated for by a
529+ performance rating of A, B, or C in another domain.
550530 (a-3) Not later than August 15 of each year, the performance
551531 ratings of each district and campus shall be made publicly
552532 available as provided by rules adopted under this section. [If a
553533 district or campus received an overall or domain performance rating
554534 of D or F for the preceding school year, the commissioner shall
555535 notify the district of a subsequent such designation on or before
556536 June 15.]
557537 (e) Each annual performance review under this section shall
558538 include an analysis of the achievement indicators adopted under
559539 Section 39.053, including Subsection (c) of that section, [Sections
560540 39.053(c)(1)-(4)] to determine school district and campus
561541 performance in relation to standards established for each
562542 indicator.
563- SECTION 11. Section 39.054, Education Code, is amended by
564- adding Subsections (a-4) and (b) to read as follows:
565- (a-4) For performance ratings issued in August 2018 for the
566- 2017-2018 school year for campus performance, the commissioner
567- shall issue only a rating of improvement required or met standard,
568- as applicable, to a campus. This subsection expires January 1,
569- 2019.
570- (b) For purposes of assigning school districts and campuses
571- an overall and a domain performance rating under Subsection (a),
572- the commissioner shall ensure that the method used to evaluate
573- performance is implemented in a manner that provides the
574- mathematical possibility that all districts and campuses receive an
575- A rating.
576- SECTION 12. Section 39.054(f), Education Code, as effective
543+ SECTION 11. Section 39.054(f), Education Code, as effective
577544 September 1, 2017, is transferred to Section 39.053, Education
578545 Code, redesignated as Section 39.053(g-3), Education Code, and
579546 amended to read as follows:
580547 (g-3) [(f)] In the computation of dropout and completion
581548 rates such as high school graduation rates under Subsection
582549 (c)(1)(B)(ix) [Sections 39.053(c)(4)(A)(i) and (B)(ii)(a)], a
583550 student who is released from a juvenile pre-adjudication secure
584551 detention facility or juvenile post-adjudication secure
585552 correctional facility and fails to enroll in school or a student who
586553 leaves a residential treatment center after receiving treatment for
587554 fewer than 85 days and fails to enroll in school may not be
588555 considered to have dropped out from the school district or campus
589556 serving the facility or center unless that district or campus is the
590557 one to which the student is regularly assigned. The agency may not
591558 limit an appeal relating to dropout computations under this
592559 subsection.
593- SECTION 13. Subchapter C, Chapter 39, Education Code, is
560+ SECTION 12. Subchapter C, Chapter 39, Education Code, is
594561 amended by adding Section 39.0541 to read as follows:
595562 Sec. 39.0541. ADOPTION OF INDICATORS AND STANDARDS. The
596563 commissioner may adopt indicators and standards under this
597564 subchapter at any time during a school year before the evaluation of
598565 a school district or campus.
599- SECTION 14. Subchapter C, Chapter 39, Education Code, is
600- amended by adding Sections 39.0542 and 39.0544 to read as follows:
601- Sec. 39.0542. EXPLANATORY MATERIALS FOR ACCOUNTABILITY
602- RATING SYSTEM. (a) Each school year, the commissioner shall
603- provide each school district a document in a simple, accessible
604- format that explains the accountability performance measures,
605- methods, and procedures that will be applied for that school year in
606- assigning each school district and campus a performance rating
607- under Section 39.054.
608- (b) The document provided under Subsection (a) must be
609- provided in a format that a school district is able to easily
610- distribute to parents of students enrolled in the district and
611- other interested members of the public.
612- (c) The commissioner, in collaboration with interested
613- stakeholders, shall develop standardized language for each domain
614- that does not exceed 250 words and that clearly describes the annual
615- status of a district and campus relating to district and campus
616- performance on the indicators used for that domain to determine the
617- letter performance rating assigned to a district and campus.
618- Sec. 39.0544. LOCAL ACCOUNTABILITY SYSTEM. (a) The
619- commissioner shall adopt rules regarding the assignment of campus
620- performance ratings by school districts and open-enrollment
621- charter schools. The rules:
622- (1) must require a district or school, in assigning an
623- overall performance rating for a campus, to incorporate:
624- (A) domain performance ratings assigned by the
625- commissioner under Section 39.054; and
626- (B) performance ratings based on locally
627- developed domains or sets of accountability measures;
628- (2) may permit a district or school to assign weights
629- to each domain or set of accountability measures described in
630- Subdivision (1), as determined by the district or school, provided
631- that the domains specified in Subdivision (1)(A) must in the
632- aggregate account for at least 50 percent of the overall
633- performance rating;
634- (3) must require that each locally developed domain or
635- set of accountability measures:
636- (A) contains levels of performance that allow for
637- differentiation, with assigned standards for achieving the
638- differentiated levels;
639- (B) provides for the assignment of a letter grade
640- of A, B, C, D, or F; and
641- (C) meets standards for reliability and
642- validity;
643- (4) must require that calculations for overall
644- performance ratings and each locally developed domain or set of
645- accountability measures be capable of being audited by a third
646- party;
647- (5) must require that a district or school produce a
648- campus score card that may be displayed on the agency's website; and
649- (6) must require that a district or school develop and
650- make available to the public an explanation of the methodology used
651- to assign performance ratings under this section.
652- (b) The commissioner shall develop a process to approve a
653- request by a school district or open-enrollment charter school to
654- assign campus performance ratings in accordance with this section.
655- Under that process, a district or school must obtain approval of a
656- local accountability plan submitted by the district or school to
657- the agency. A plan may be approved only if:
658- (1) after review, the agency determines the plan meets
659- the minimum requirements under this section and agency rule;
660- (2) at the commissioner's discretion, an audit
661- conducted by the agency verifies the calculations included in the
662- plan; and
663- (3) subject to Subsection (d), a review panel
664- appointed under Subsection (c) approves the plan.
665- (c) The commissioner shall appoint a review panel for
666- purposes of Subsection (b)(3) that includes a majority of members
667- who are superintendents or members of the board of trustees or
668- governing body of school districts or open-enrollment charter
669- schools with approved local accountability plans.
670- (d) The requirement under Subsection (b)(3) applies only
671- after performance ratings are issued in August 2019 and only if at
672- least 10 school districts or open-enrollment charter schools have
673- obtained approval of locally developed accountability plans.
674- (e) A school district or open-enrollment charter school
675- authorized under this section to assign campus performance ratings
676- shall evaluate the performance of each campus as provided by this
677- section and assign each campus a performance rating of A, B, C, D,
678- or F for overall performance and for each locally developed domain
679- or set of accountability measures. Not later than a date
680- established by the commissioner, the district or school shall:
681- (1) report the performance ratings to the agency; and
682- (2) make the performance ratings available to the
683- public as provided by commissioner rule.
684- SECTION 15. Sections 39.0548(b), (c), and (d), Education
566+ SECTION 13. Section 39.0546(a), Education Code, is amended
567+ to read as follows:
568+ (a) For purposes of including the local evaluation of
569+ districts and campuses under Section 39.053(c)(3)(A)
570+ [39.053(c)(5)] and assigning an overall rating under Section
571+ 39.054, before the beginning of each school year:
572+ (1) each school district shall:
573+ (A) select and report to the agency three
574+ programs or categories under Section 39.0545(b)(1)[, as added by
575+ Chapter 211 (H.B. 5), Acts of the 83rd Legislature, Regular
576+ Session, 2013,] under which the district will evaluate district
577+ performance;
578+ (B) submit to the agency the criteria the
579+ district will use to evaluate district performance and assign the
580+ district a performance rating; and
581+ (C) make the information described by Paragraphs
582+ (A) and (B) available on the district's Internet website; and
583+ (2) each campus shall:
584+ (A) select and report to the agency three
585+ programs or categories under Section 39.0545(b)(1)[, as added by
586+ Chapter 211 (H.B. 5), Acts of the 83rd Legislature, Regular
587+ Session, 2013,] under which the campus will evaluate campus
588+ performance;
589+ (B) submit to the agency the criteria the campus
590+ will use to evaluate campus performance and assign the campus a
591+ performance rating; and
592+ (C) make the information described by Paragraphs
593+ (A) and (B) available on the Internet website of the campus.
594+ SECTION 14. Sections 39.0548(b), (c), and (d), Education
685595 Code, are amended to read as follows:
686596 (b) Notwithstanding Section 39.053(c)(1)(B)(ix)
687597 [39.053(c)(4)(A)(i)], the commissioner shall use the alternative
688598 completion rate under this subsection to determine the graduation
689599 [dropout] rate indicator under Section 39.053(c)(1)(B)(ix)
690600 [39.053(c)(4)(A)(i)] for a dropout recovery school. The
691601 alternative completion rate shall be the ratio of the total number
692602 of students who graduate, continue attending school into the next
693603 academic year, or receive a high school equivalency certificate to
694604 the total number of students in the longitudinal cohort of
695605 students.
696606 (c) Notwithstanding Section 39.053(c)(1)(B)(ix)
697607 [39.053(c)(4)(A)(i)], in determining the performance rating under
698608 Section 39.054 of a dropout recovery school, the commissioner shall
699609 include any student described by Section 39.053(g-1) who graduates
700610 or receives a high school equivalency certificate.
701611 (d) Notwithstanding Section 39.053(c), for purposes of
702612 evaluating a dropout recovery school under the accountability
703613 procedures adopted by the commissioner to determine the performance
704614 rating of the school under Section 39.054,[:
705615 [(1)] only the best result from the primary
706616 administration or any retake of an assessment instrument
707617 administered to a student in the school year evaluated may be
708618 considered[; and
709619 [(2) only a student enrolled continuously for at least
710620 90 days during the school year evaluated may be considered].
711- SECTION 16. Section 39.055, Education Code, is amended to
621+ SECTION 15. Section 39.055, Education Code, is amended to
712622 read as follows:
713623 Sec. 39.055. STUDENT ORDERED BY A JUVENILE COURT OR STUDENT
714624 IN RESIDENTIAL FACILITY NOT CONSIDERED FOR ACCOUNTABILITY
715625 PURPOSES. Notwithstanding any other provision of this code except
716626 to the extent otherwise provided under Section 39.053(g-3)
717627 [39.054(f)], for purposes of determining the performance of a
718628 school district, campus, or open-enrollment charter school under
719629 this chapter, a student ordered by a juvenile court into a
720630 residential program or facility operated by or under contract with
721631 the Texas Juvenile Justice Department, a juvenile board, or any
722632 other governmental entity or any student who is receiving treatment
723633 in a residential facility is not considered to be a student of the
724634 school district in which the program or facility is physically
725635 located or of an open-enrollment charter school, as
726636 applicable. The performance of such a student on an assessment
727637 instrument or other achievement indicator adopted under Section
728638 39.053 or reporting indicator adopted under Section 39.301 shall be
729639 determined, reported, and considered separately from the
730640 performance of students attending a school of the district in which
731641 the program or facility is physically located or an open-enrollment
732642 charter school, as applicable.
733- SECTION 17. Subchapter E, Chapter 39, Education Code, is
734- amended by adding Section 39.101 to read as follows:
735- Sec. 39.101. NEEDS IMPROVEMENT RATING. (a)
736- Notwithstanding any other law, if a school district or campus is
737- assigned an overall or domain performance rating of D:
738- (1) the commissioner shall order the district or
739- campus to develop and implement a targeted improvement plan
740- approved by the board of trustees of the district; and
741- (2) the interventions and sanctions provided by this
742- subchapter based on failure to satisfy performance standards under
743- Section 39.054(e) apply to the district or campus only as provided
744- by this section.
745- (b) The interventions and sanctions provided by this
746- subchapter based on failure to satisfy performance standards under
747- Section 39.054(e) apply to a district or campus ordered to develop
748- and implement a targeted improvement plan under Subsection (a) only
749- if the district or campus is assigned:
750- (1) an overall or domain performance rating of F; or
751- (2) an overall performance rating of D as provided by
752- Subsection (c).
753- (c) If a school district or campus is assigned an overall
754- performance rating of D for a school year after the district or
755- campus is ordered to develop and implement a targeted improvement
756- plan under Subsection (a), the commissioner shall implement
757- interventions and sanctions that apply to an unacceptable campus
758- and those interventions and sanctions shall continue for each
759- consecutive school year thereafter in which the campus is assigned
760- an overall performance rating of D.
761- (d) The commissioner shall adopt rules as necessary to
762- implement this section.
763- SECTION 18. Section 39.301(b), Education Code, is amended
643+ SECTION 16. Subchapter E, Chapter 39, Education Code, is
644+ amended by adding Section 39.118 to read as follows:
645+ Sec. 39.118. INTERVENTIONS AND SANCTIONS OF INCREASED
646+ SEVERITY FOR CERTAIN DISTRICTS AND CAMPUSES. (a) The commissioner
647+ shall adopt rules to impose interventions and sanctions of
648+ increased severity applicable only to a school district or campus
649+ that is assigned a performance rating of F under Section 39.054.
650+ (b) The commissioner may not adopt a rule under this section
651+ that conflicts with the imposition of a specific intervention or
652+ sanction required by law.
653+ SECTION 17. Section 39.301(b), Education Code, is amended
764654 to read as follows:
765655 (b) Performance on the indicators adopted under this
766656 section shall be evaluated in the same manner provided for
767- evaluation of the achievement indicators under Section 39.053(c)
768- [Sections 39.053(c)(1)-(4)].
769- SECTION 19. The following provisions of the Education Code
770- are repealed:
771- (1) Section 39.054(c), as effective September 1, 2017;
772- and
773- (2) Sections 39.0545 and 39.0546.
774- SECTION 20. If H.B. 1500, 85th Legislature, Regular
775- Session, 2017, becomes law, that law has no effect.
776- SECTION 21. Not later than January 1, 2019, the
777- commissioner of education shall submit a report to the standing
778- committees of the legislature having primary jurisdiction over
779- primary and secondary education that provides for a preliminary
780- evaluation of campuses under Section 39.054, Education Code, as
781- amended by this Act. The report must include:
782- (1) the overall and domain performance rating each
783- campus would have received under Section 39.054, Education Code, as
784- amended by this Act, for the 2017-2018 school year if the indicators
785- adopted by the commissioner of education under Section 39.053,
786- Education Code, as amended by this Act, existed during the
787- 2017-2018 school year; and
788- (2) the correlation between each designated letter
789- performance rating the campus would have received and the
790- percentage of students at each campus:
791- (A) qualifying for the free or reduced-price
792- breakfast under the national school breakfast programs provided for
793- by the Child Nutrition Act of 1966 (42 U.S.C. Section 1773);
794- (B) that are students of limited English
795- proficiency as defined by Section 29.052, Education Code; and
796- (C) disaggregated by race, ethnicity, and
797- socioeconomic status used to assign ratings in the system.
798- SECTION 22. This Act applies beginning with the 2017-2018
657+ evaluation of the achievement indicators under Sections
658+ 39.053(c)(1), (2), and (3)(B) and (C) [39.053(c)(1)-(4)].
659+ SECTION 18. Effective September 1, 2017, Section 39.054(c),
660+ Education Code, as effective September 1, 2017, is repealed.
661+ SECTION 19. This Act applies beginning with the 2017-2018
799662 school year.
800- SECTION 23. This Act takes effect immediately if it
801- receives a vote of two-thirds of all the members elected to each
802- house, as provided by Section 39, Article III, Texas Constitution.
803- If this Act does not receive the vote necessary for immediate
804- effect, this Act takes effect September 1, 2017.
805- ______________________________ ______________________________
806- President of the Senate Speaker of the House
807- I certify that H.B. No. 22 was passed by the House on May 4,
808- 2017, by the following vote: Yeas 146, Nays 0, 2 present, not
809- voting; that the House refused to concur in Senate amendments to
810- H.B. No. 22 on May 26, 2017, and requested the appointment of a
811- conference committee to consider the differences between the two
812- houses; and that the House adopted the conference committee report
813- on H.B. No. 22 on May 28, 2017, by the following vote: Yeas 140,
814- Nays 0, 1 present, not voting, and that the House adopted H.C.R. No.
815- 165 authorizing certain corrections in H.B. No. 22 on May 29, 2017,
816- by the following vote: Yeas 147, Nays 0, 1 present, not voting.
817- ______________________________
818- Chief Clerk of the House
819- I certify that H.B. No. 22 was passed by the Senate, with
820- amendments, on May 24, 2017, by the following vote: Yeas 28, Nays
821- 3; at the request of the House, the Senate appointed a conference
822- committee to consider the differences between the two houses; and
823- that the Senate adopted the conference committee report on H.B. No.
824- 22 on May 28, 2017, by the following vote: Yeas 31, Nays 0, and
825- that the Senate adopted H.C.R. No. 165 authorizing certain
826- corrections in H.B. No. 22 on May 29, 2017, by the following vote:
827- Yeas 31, Nays 0.
828- ______________________________
829- Secretary of the Senate
830- APPROVED: __________________
831- Date
832- __________________
833- Governor
663+ SECTION 20. Except as otherwise provided by this Act, this
664+ Act takes effect immediately if it receives a vote of two-thirds of
665+ all the members elected to each house, as provided by Section 39,
666+ Article III, Texas Constitution. If this Act does not receive the
667+ vote necessary for immediate effect, this Act takes effect
668+ September 1, 2017.
669+ * * * * *