Texas 2017 - 85th Regular

Texas House Bill HB2997 Compare Versions

Only one version of the bill is available at this time.

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1	1	85R11350 PAM-F
2	2	By: Holland H.B. No. 2997
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to evaluation of public school performance.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 39.053, Education Code, is amended by
10	10	amending Subsections (c), (g), (g-1), and (g-2) to read as follows:
11	11	(c) School districts and campuses must be evaluated based on
12	12	the following [five] domains of indicators of achievement adopted
13	13	under this section, of which the first, second, third, and fifth
14	14	apply to middle and junior high school and elementary school
15	15	campuses and districts that include those campuses and all of which
16	16	apply to high school campuses and districts that include those
17	17	campuses [that include]:
18	18	(1) in the first domain, the results of:
19	19	(A) assessment instruments required under
20	20	Sections 39.023(a), (c), and (l), including the results of
21	21	assessment instruments required for graduation retaken by a
22	22	student, aggregated across grade levels by subject area, including:
23	23	(i) for the performance standard determined
24	24	by the commissioner under Section 39.0241(a), the percentage of
25	25	students who performed satisfactorily on the assessment
26	26	instruments, aggregated across grade levels by subject area; and
27	27	(ii) for the college readiness performance
28	28	standard as determined under Section 39.0241, the percentage of
29	29	students who performed satisfactorily on the assessment
30	30	instruments required under Section 39.023(c) only, aggregated
31	31	across grade levels by subject area; and
32	32	(B) assessment instruments required under
33	33	Section 39.023(b), aggregated across grade levels by subject area,
34	34	including the percentage of students who performed satisfactorily
35	35	on the assessment instruments, as determined by the performance
36	36	standard adopted by the agency, aggregated across grade levels by
37	37	subject area;
38	38	(2) in the second domain:
39	39	(A) for assessment instruments under Subdivision
40	40	(1)(A):
41	41	(i) for the performance standard determined
42	42	by the commissioner under Section 39.0241(a), the percentage of
43	43	students who met the standard for annual improvement on the
44	44	assessment instruments, as determined by the commissioner by rule
45	45	or by the method for measuring annual improvement under Section
46	46	39.034, aggregated across grade levels by subject area; and
47	47	(ii) for the college readiness performance
48	48	standard as determined under Section 39.0241, the percentage of
49	49	students who met the standard for annual improvement on the
50	50	assessment instruments required under Section 39.023(c) only, as
51	51	determined by the commissioner by rule or by the method for
52	52	measuring annual improvement under Section 39.034, aggregated
53	53	across grade levels by subject area; and
54	54	(B) for assessment instruments under Subdivision
55	55	(1)(B), the percentage of students who met the standard for annual
56	56	improvement on the assessment instruments, as determined by the
57	57	commissioner by rule or by the method for measuring annual
58	58	improvement under Section 39.034, aggregated across grade levels by
59	59	subject area;
60	60	(3) in the third domain, the student academic
61	61	achievement differentials among students from different racial and
62	62	ethnic groups and socioeconomic backgrounds;
63	63	(4) in the fourth domain,[:
64	64	[(A)] for evaluating the performance of high
65	65	school campuses and districts that include high school campuses:
66	66	(A) [(i)] dropout rates, including dropout rates
67	67	and district completion rates for grade levels 9 through 12,
68	68	computed in accordance with standards and definitions adopted by
69	69	the National Center for Education Statistics of the United States
70	70	Department of Education;
71	71	(B) [(ii)] high school graduation rates,
72	72	computed in accordance with standards and definitions adopted in
73	73	compliance with the Every Student Succeeds Act [No Child Left
74	74	Behind Act of 2001] (20 U.S.C. Section 6301 et seq.);
75	75	(C) [(iii)] the percentage of students who
76	76	successfully completed the curriculum requirements for the
77	77	distinguished level of achievement under the foundation high school
78	78	program;
79	79	(D) [(iv)] the percentage of students who
80	80	successfully completed the curriculum requirements for an
81	81	endorsement under Section 28.025(c-1);
82	82	(E) [(v)] the percentage of students who
83	83	completed a coherent sequence of career and technical courses;
84	84	(F) [(vi)] the percentage of students who
85	85	satisfy the Texas Success Initiative (TSI) college readiness
86	86	benchmarks prescribed by the Texas Higher Education Coordinating
87	87	Board under Section 51.3062(f) on an assessment instrument in
88	88	reading, writing, or mathematics designated by the Texas Higher
89	89	Education Coordinating Board under Section 51.3062(c);
90	90	(G) [(vii)] the percentage of students who earn
91	91	at least 12 hours of postsecondary credit required for the
92	92	foundation high school program under Section 28.025 or to earn an
93	93	endorsement under Section 28.025(c-1);
94	94	(H) [(viii)] the percentage of students who have
95	95	completed an advanced placement course;
96	96	(I) [(ix)] the percentage of students who enlist
97	97	in the armed forces of the United States; [and]
98	98	(J) [(x)] the percentage of students who earn an
99	99	industry certification;
100	100	[(B) for evaluating the performance of middle and
101	101	junior high school and elementary school campuses and districts
102	102	that include those campuses:
103	103	[(i) student attendance; and
104	104	[(ii) for middle and junior high school
105	105	campuses:
106	106	[(a) dropout rates, computed in the
107	107	manner described by Paragraph (A)(i); and
108	108	[(b) the percentage of students in
109	109	grades seven and eight who receive instruction in preparing for
110	110	high school, college, and a career that includes information
111	111	regarding the creation of a high school personal graduation plan
112	112	under Section 28.02121, the distinguished level of achievement
113	113	described by Section 28.025(b-15), each endorsement described by
114	114	Section 28.025(c-1), college readiness standards, and potential
115	115	career choices and the education needed to enter those careers;]
116	116	and
117	117	(K) [(C)] any additional indicators of
118	118	secondary-level student achievement not associated with
119	119	performance on standardized assessment instruments determined
120	120	appropriate for consideration by the commissioner in consultation
121	121	with educators, parents, business and industry representatives,
122	122	and employers; and
123	123	(5) in the fifth domain, three programs or specific
124	124	categories of performance related to community and student
125	125	engagement locally selected and evaluated as provided by Section
126	126	39.0546.
127	127	(g) In defining the required state standard for the dropout
128	128	rate indicator described by Subsection (c)(4)(A) [Subsections
129	129	(c)(4)(A)(i) and (B)(ii)(a)], the commissioner may not consider as
130	130	a dropout a student whose failure to attend school results from:
131	131	(1) the student's expulsion under Section 37.007; and
132	132	(2) as applicable:
133	133	(A) adjudication as having engaged in delinquent
134	134	conduct or conduct indicating a need for supervision, as defined by
135	135	Section 51.03, Family Code; or
136	136	(B) conviction of and sentencing for an offense
137	137	under the Penal Code.
138	138	(g-1) In computing dropout and completion rates under
139	139	Subsection (c)(4)(A) [Subsections (c)(4)(A)(i) and (B)(ii)(a)],
140	140	the commissioner shall exclude:
141	141	(1) students who are ordered by a court to attend a
142	142	high school equivalency certificate program but who have not yet
143	143	earned a high school equivalency certificate;
144	144	(2) students who were previously reported to the state
145	145	as dropouts, including a student who is reported as a dropout,
146	146	reenrolls, and drops out again, regardless of the number of times of
147	147	reenrollment and dropping out;
148	148	(3) students in attendance who are not in membership
149	149	for purposes of average daily attendance;
150	150	(4) students whose initial enrollment in a school in
151	151	the United States in grades 7 through 12 was as unschooled refugees
152	152	or asylees as defined by Section 39.027(a-1);
153	153	(5) students who are in the district exclusively as a
154	154	function of having been detained at a county detention facility but
155	155	are otherwise not students of the district in which the facility is
156	156	located; and
157	157	(6) students who are incarcerated in state jails and
158	158	federal penitentiaries as adults and as persons certified to stand
159	159	trial as adults.
160	160	(g-2) In computing completion rates under Subsection
161	161	(c)(4)(A) [(c)(2)], the commissioner shall exclude students who:
162	162	(1) are at least 18 years of age as of September 1 of
163	163	the school year as reported for the fall semester Public Education
164	164	Information Management System (PEIMS) submission and have
165	165	satisfied the credit requirements for high school graduation;
166	166	(2) have not completed their individualized education
167	167	program under 19 T.A.C. Section 89.1070(b)(2) and the Individuals
168	168	with Disabilities Education Act (20 U.S.C. Section 1400 et seq.);
169	169	and
170	170	(3) are enrolled and receiving individualized
171	171	education program services.
172	172	SECTION 2. Sections 39.054(a), (a-1), (c), and (e),
173	173	Education Code, as effective September 1, 2017, are amended to read
174	174	as follows:
175	175	(a) The commissioner shall adopt rules to evaluate school
176	176	district and campus performance and assign each district and campus
177	177	an overall performance rating of A, B, C, D, or F. In addition to the
178	178	overall performance rating, the commissioner shall assign each
179	179	district and campus a separate domain performance rating of A, B, C,
180	180	D, or F for each applicable domain under Sections 39.053(c)(1)-(4).
181	181	An overall or domain performance rating of A reflects exemplary
182	182	performance. An overall or domain performance rating of B reflects
183	183	recognized performance. An overall or domain performance rating of
184	184	C reflects acceptable performance. An overall or domain
185	185	performance rating of D or F reflects unacceptable performance. A
186	186	district may not receive an overall or domain performance rating of
187	187	A if the district includes any campus with a corresponding overall
188	188	or domain performance rating of D or F. A reference in law to an
189	189	acceptable rating or acceptable performance includes an overall or
190	190	domain performance rating of A, B, or C or exemplary, recognized, or
191	191	acceptable performance.
192	192	(a-1) For purposes of assigning an overall performance
193	193	rating under Subsection (a), the commissioner shall attribute:
194	194	(1) 55 percent of the performance evaluation to the
195	195	achievement indicators for the first, second, and third domains
196	196	under Sections 39.053(c)(1)-(3);
197	197	(2) [for middle and junior high school and elementary
198	198	campuses and districts that include only those campuses, 35 percent
199	199	of the performance evaluation to the applicable achievement
200	200	indicators for the fourth domain under Section 39.053(c)(4);
201	201	[(3)] for high school campuses and districts that
202	202	include those campuses:
203	203	(A) 10 percent of the performance evaluation to
204	204	the high school graduation rate achievement indicator described by
205	205	Section 39.053(c)(4)(B) [39.053(c)(4)(A)(ii)]; and
206	206	(B) 25 percent to the remaining applicable
207	207	achievement indicators for the fourth domain under Section
208	208	39.053(c)(4); [and]
209	209	(3) for middle and junior high school and elementary
210	210	campuses and districts that include only those campuses, 45 percent
211	211	of the performance evaluation to the locally selected and evaluated
212	212	achievement indicators provided for under the fifth domain under
213	213	Section 39.053(c)(5); and
214	214	(4) for high school campuses and districts that
215	215	include those campuses, 10 percent of the performance evaluation
216	216	to the locally selected and evaluated achievement indicators
217	217	provided for under the fifth domain under Section 39.053(c)(5).
218	218	(c) In evaluating school district and campus performance on
219	219	the achievement indicators for student performance on assessment
220	220	instruments adopted under Sections 39.053(c)(1) and (2) and the
221	221	dropout rate indicator adopted under Section 39.053(c)(4)(A)
222	222	[Sections 39.053(c)(4)(A)(i) and (B)(ii)(a)], the commissioner
223	223	shall define acceptable performance as meeting the state standard
224	224	determined by the commissioner under Section 39.053(f) for the
225	225	current school year based on:
226	226	(1) student performance in the current school year; or
227	227	(2) student performance as averaged over the current
228	228	school year and the preceding two school years.
229	229	(e) Each annual performance review under this section shall
230	230	include an analysis of the applicable achievement indicators
231	231	adopted under Sections 39.053(c)(1)-(4) to determine school
232	232	district and campus performance in relation to standards
233	233	established for each indicator.
234	234	SECTION 3. Section 39.054(f), Education Code, as effective
235	235	September 1, 2017, is transferred to Section 39.053, Education
236	236	Code, redesignated as Section 39.053(g-3), Education Code, and
237	237	amended to read as follows:
238	238	(g-3) [(f)] In the computation of dropout rates under
239	239	Subsection (c)(4)(A) [Sections 39.053(c)(4)(A)(i) and (B)(ii)(a)],
240	240	a student who is released from a juvenile pre-adjudication secure
241	241	detention facility or juvenile post-adjudication secure
242	242	correctional facility and fails to enroll in school or a student who
243	243	leaves a residential treatment center after receiving treatment for
244	244	fewer than 85 days and fails to enroll in school may not be
245	245	considered to have dropped out from the school district or campus
246	246	serving the facility or center unless that district or campus is the
247	247	one to which the student is regularly assigned. The agency may not
248	248	limit an appeal relating to dropout computations under this
249	249	subsection.
250	250	SECTION 4. Sections 39.0548(b) and (c), Education Code, are
251	251	amended to read as follows:
252	252	(b) Notwithstanding Section 39.053(c)(4)(A)
253	253	[39.053(c)(4)(A)(i)], the commissioner shall use the alternative
254	254	completion rate under this subsection to determine the dropout rate
255	255	indicator under Section 39.053(c)(4)(A) [39.053(c)(4)(A)(i)] for a
256	256	dropout recovery school. The alternative completion rate shall be
257	257	the ratio of the total number of students who graduate, continue
258	258	attending school into the next academic year, or receive a high
259	259	school equivalency certificate to the total number of students in
260	260	the longitudinal cohort of students.
261	261	(c) Notwithstanding Section 39.053(c)(4)(A)
262	262	[39.053(c)(4)(A)(i)], in determining the performance rating under
263	263	Section 39.054 of a dropout recovery school, the commissioner shall
264	264	include any student described by Section 39.053(g-1) who graduates
265	265	or receives a high school equivalency certificate.
266	266	SECTION 5. Section 39.055, Education Code, is amended to
267	267	read as follows:
268	268	Sec. 39.055. STUDENT ORDERED BY A JUVENILE COURT OR STUDENT
269	269	IN RESIDENTIAL FACILITY NOT CONSIDERED FOR ACCOUNTABILITY
270	270	PURPOSES. Notwithstanding any other provision of this code except
271	271	to the extent otherwise provided under Section 39.053(g-3)
272	272	[39.054(f)], for purposes of determining the performance of a
273	273	school district, campus, or open-enrollment charter school under
274	274	this chapter, a student ordered by a juvenile court into a
275	275	residential program or facility operated by or under contract with
276	276	the Texas Juvenile Justice Department, a juvenile board, or any
277	277	other governmental entity or any student who is receiving treatment
278	278	in a residential facility is not considered to be a student of the
279	279	school district in which the program or facility is physically
280	280	located or of an open-enrollment charter school, as
281	281	applicable. The performance of such a student on an assessment
282	282	instrument or other achievement indicator adopted under Section
283	283	39.053 or reporting indicator adopted under Section 39.301 shall be
284	284	determined, reported, and considered separately from the
285	285	performance of students attending a school of the district in which
286	286	the program or facility is physically located or an open-enrollment
287	287	charter school, as applicable.
288	288	SECTION 6. This Act applies beginning with the 2017-2018
289	289	school year.
290	290	SECTION 7. This Act takes effect immediately if it receives
291	291	a vote of two-thirds of all the members elected to each house, as
292	292	provided by Section 39, Article III, Texas Constitution. If this
293	293	Act does not receive the vote necessary for immediate effect, this
294	294	Act takes effect September 1, 2017.