85R11350 PAM-F
By: Holland H.B. No. 2997
A BILL TO BE ENTITLED
AN ACT
relating to evaluation of public school performance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.053, Education Code, is amended by
amending Subsections (c), (g), (g-1), and (g-2) to read as follows:
(c) School districts and campuses must be evaluated based on
the following [five] domains of indicators of achievement adopted
under this section, of which the first, second, third, and fifth
apply to middle and junior high school and elementary school
campuses and districts that include those campuses and all of which
apply to high school campuses and districts that include those
campuses [that include]:
(1) in the first domain, the results of:
(A) assessment instruments required under
Sections 39.023(a), (c), and (l), including the results of
assessment instruments required for graduation retaken by a
student, aggregated across grade levels by subject area, including:
(i) for the performance standard determined
by the commissioner under Section 39.0241(a), the percentage of
students who performed satisfactorily on the assessment
instruments, aggregated across grade levels by subject area; and
(ii) for the college readiness performance
standard as determined under Section 39.0241, the percentage of
students who performed satisfactorily on the assessment
instruments required under Section 39.023(c) only, aggregated
across grade levels by subject area; and
(B) assessment instruments required under
Section 39.023(b), aggregated across grade levels by subject area,
including the percentage of students who performed satisfactorily
on the assessment instruments, as determined by the performance
standard adopted by the agency, aggregated across grade levels by
subject area;
(2) in the second domain:
(A) for assessment instruments under Subdivision
(1)(A):
(i) for the performance standard determined
by the commissioner under Section 39.0241(a), the percentage of
students who met the standard for annual improvement on the
assessment instruments, as determined by the commissioner by rule
or by the method for measuring annual improvement under Section
39.034, aggregated across grade levels by subject area; and
(ii) for the college readiness performance
standard as determined under Section 39.0241, the percentage of
students who met the standard for annual improvement on the
assessment instruments required under Section 39.023(c) only, as
determined by the commissioner by rule or by the method for
measuring annual improvement under Section 39.034, aggregated
across grade levels by subject area; and
(B) for assessment instruments under Subdivision
(1)(B), the percentage of students who met the standard for annual
improvement on the assessment instruments, as determined by the
commissioner by rule or by the method for measuring annual
improvement under Section 39.034, aggregated across grade levels by
subject area;
(3) in the third domain, the student academic
achievement differentials among students from different racial and
ethnic groups and socioeconomic backgrounds;
(4) in the fourth domain,[:
[(A)] for evaluating the performance of high
school campuses and districts that include high school campuses:
(A) [(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;
(B) [(ii)] high school graduation rates,
computed in accordance with standards and definitions adopted in
compliance with the Every Student Succeeds Act [No Child Left
Behind Act of 2001] (20 U.S.C. Section 6301 et seq.);
(C) [(iii)] the percentage of students who
successfully completed the curriculum requirements for the
distinguished level of achievement under the foundation high school
program;
(D) [(iv)] the percentage of students who
successfully completed the curriculum requirements for an
endorsement under Section 28.025(c-1);
(E) [(v)] the percentage of students who
completed a coherent sequence of career and technical courses;
(F) [(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);
(G) [(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);
(H) [(viii)] the percentage of students who have
completed an advanced placement course;
(I) [(ix)] the percentage of students who enlist
in the armed forces of the United States; [and]
(J) [(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
(K) [(C)] any additional indicators of
secondary-level student achievement not associated with
performance on standardized assessment instruments determined
appropriate for consideration by the commissioner in consultation
with educators, parents, business and industry representatives,
and employers; and
(5) in the fifth domain, three programs or specific
categories of performance related to community and student
engagement locally selected and evaluated as provided by Section
39.0546.
(g) In defining the required state standard for the dropout
rate indicator described by Subsection (c)(4)(A) [Subsections
(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 under
Subsection (c)(4)(A) [Subsections (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;
(3) students in attendance who are not in membership
for purposes of average daily attendance;
(4) students whose initial enrollment in a school in
the United States in grades 7 through 12 was as unschooled refugees
or asylees as defined by Section 39.027(a-1);
(5) students who are in the district exclusively as a
function of having been detained at a county detention facility but
are otherwise not students of the district in which the facility is
located; and
(6) students who are incarcerated in state jails and
federal penitentiaries as adults and as persons certified to stand
trial as adults.
(g-2) In computing completion rates under Subsection
(c)(4)(A) [(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.
SECTION 2. Sections 39.054(a), (a-1), (c), and (e),
Education Code, as effective September 1, 2017, are amended to read
as follows:
(a) The commissioner shall adopt rules to evaluate school
district and campus performance and assign each district and campus
an overall performance rating of A, B, C, D, or F. In addition to the
overall performance rating, the commissioner shall assign each
district and campus a separate domain performance rating of A, B, C,
D, or F for each applicable domain under Sections 39.053(c)(1)-(4).
An overall or domain performance rating of A reflects exemplary
performance. An overall or domain performance rating of B reflects
recognized performance. An overall or domain performance rating of
C reflects acceptable performance. An overall or domain
performance rating of D 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 exemplary, recognized, or
acceptable performance.
(a-1) 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)(B) [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]
(3) for middle and junior high school and elementary
campuses and districts that include only those campuses, 45 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); and
(4) for high school campuses and districts that
include those campuses, 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).
(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) and (2) and the
dropout rate indicator adopted under Section 39.053(c)(4)(A)
[Sections 39.053(c)(4)(A)(i) and (B)(ii)(a)], the commissioner
shall 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) student performance as averaged over the current
school year and the preceding two school years.
(e) Each annual performance review under this section shall
include an analysis of the applicable achievement indicators
adopted under Sections 39.053(c)(1)-(4) to determine school
district and campus performance in relation to standards
established for each indicator.
SECTION 3. Section 39.054(f), Education Code, as effective
September 1, 2017, is transferred to Section 39.053, Education
Code, redesignated as Section 39.053(g-3), Education Code, and
amended to read as follows:
(g-3) [(f)] In the computation of dropout rates under
Subsection (c)(4)(A) [Sections 39.053(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 4. Sections 39.0548(b) and (c), Education Code, are
amended to read as follows:
(b) Notwithstanding Section 39.053(c)(4)(A)
[39.053(c)(4)(A)(i)], the commissioner shall use the alternative
completion rate under this subsection to determine the dropout rate
indicator under Section 39.053(c)(4)(A) [39.053(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)(4)(A)
[39.053(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.
SECTION 5. Section 39.055, Education Code, is amended to
read as follows:
Sec. 39.055. STUDENT ORDERED BY A JUVENILE COURT OR STUDENT
IN RESIDENTIAL FACILITY NOT CONSIDERED FOR ACCOUNTABILITY
PURPOSES. Notwithstanding any other provision of this code except
to the extent otherwise provided under Section 39.053(g-3)
[39.054(f)], for purposes of determining the performance of a
school district, campus, or open-enrollment charter school under
this chapter, a student ordered by a juvenile court into a
residential program or facility operated by or under contract with
the Texas Juvenile Justice Department, a juvenile board, or any
other governmental entity or any student who is receiving treatment
in a residential facility is not considered to be a student of the
school district in which the program or facility is physically
located or of an open-enrollment charter school, as
applicable. The performance of such a student on an assessment
instrument or other achievement indicator adopted under Section
39.053 or reporting indicator adopted under Section 39.301 shall be
determined, reported, and considered separately from the
performance of students attending a school of the district in which
the program or facility is physically located or an open-enrollment
charter school, as applicable.
SECTION 6. This Act applies beginning with the 2017-2018
school year.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.