Texas 2017 - 85th Regular

Texas House Bill HB3290 Compare Versions

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

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1	1	85R7756 PAM-D
2	2	By: Bailes H.B. No. 3290
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to evaluation of public schools.
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 Subsection (c) and adding Subsection (c-3) to read as
11	11	follows:
12	12	(c) School districts and campuses must be evaluated based on
13	13	five domains of indicators of achievement adopted under this
14	14	section that include:
15	15	(1) in the first domain, the results of:
16	16	(A) assessment instruments required under
17	17	Sections 39.023(a), (c), and (l), including the results of
18	18	assessment instruments required for graduation retaken by a
19	19	student, aggregated across grade levels by subject area, including:
20	20	(i) for the performance standard determined
21	21	by the commissioner under Section 39.0241(a), the percentage of
22	22	students who performed satisfactorily on the assessment
23	23	instruments, aggregated across grade levels by subject area; and
24	24	(ii) for the college readiness performance
25	25	standard as determined under Section 39.0241, the percentage of
26	26	students who performed satisfactorily on the assessment
27	27	instruments, aggregated across grade levels by subject area; and
28	28	(B) assessment instruments required under
29	29	Section 39.023(b), aggregated across grade levels by subject area,
30	30	including the percentage of students who performed satisfactorily
31	31	on the assessment instruments, as determined by the performance
32	32	standard adopted by the agency, aggregated across grade levels by
33	33	subject area;
34	34	(2) in the second domain:
35	35	(A) for assessment instruments under Subdivision
36	36	(1)(A):
37	37	(i) for the performance standard determined
38	38	by the commissioner under Section 39.0241(a), the percentage of
39	39	students who met the standard for annual improvement on the
40	40	assessment instruments, as determined by the commissioner by rule
41	41	or by the method for measuring annual improvement under Section
42	42	39.034, aggregated across grade levels by subject area; and
43	43	(ii) for the college readiness performance
44	44	standard as determined under Section 39.0241, the percentage of
45	45	students who met the standard for annual improvement on the
46	46	assessment instruments, as determined by the commissioner by rule
47	47	or by the method for measuring annual improvement under Section
48	48	39.034, aggregated across grade levels by subject area; and
49	49	(B) for assessment instruments under Subdivision
50	50	(1)(B), the percentage of students who met the standard for annual
51	51	improvement on the assessment instruments, as determined by the
52	52	commissioner by rule or by the method for measuring annual
53	53	improvement under Section 39.034, aggregated across grade levels by
54	54	subject area;
55	55	(3) in the third domain, the student academic
56	56	achievement differentials among students from different racial and
57	57	ethnic groups and socioeconomic backgrounds, other than academic
58	58	achievement differentials based on the results of assessment
59	59	instruments under Subdivision (1) or (2);
60	60	(4) in the fourth domain:
61	61	(A) for evaluating the performance of high school
62	62	campuses and districts that include high school campuses:
63	63	(i) dropout rates, including dropout rates
64	64	and district completion rates for grade levels 9 through 12,
65	65	computed in accordance with standards and definitions adopted by
66	66	the National Center for Education Statistics of the United States
67	67	Department of Education;
68	68	(ii) high school graduation rates, computed
69	69	in accordance with standards and definitions adopted in compliance
70	70	with the Every Student Succeeds Act [No Child Left Behind Act of
71	71	2001] (20 U.S.C. Section 6301 et seq.);
72	72	(iii) the percentage of students who
73	73	successfully completed the curriculum requirements for the
74	74	distinguished level of achievement under the foundation high school
75	75	program;
76	76	(iv) the percentage of students who
77	77	successfully completed the curriculum requirements for an
78	78	endorsement under Section 28.025(c-1);
79	79	(v) the percentage of students who
80	80	completed a coherent sequence of career and technical courses;
81	81	(vi) the percentage of students who satisfy
82	82	the Texas Success Initiative (TSI) college readiness benchmarks
83	83	prescribed by the Texas Higher Education Coordinating Board under
84	84	Section 51.3062(f) on an assessment instrument in reading, writing,
85	85	or mathematics designated by the Texas Higher Education
86	86	Coordinating Board under Section 51.3062(c);
87	87	(vii) the percentage of students who earn
88	88	at least 12 hours of postsecondary credit required for the
89	89	foundation high school program under Section 28.025 or to earn an
90	90	endorsement under Section 28.025(c-1);
91	91	(viii) the percentage of students who have
92	92	completed an advanced placement course;
93	93	(ix) the percentage of students who enlist
94	94	in the armed forces of the United States; and
95	95	(x) the percentage of students who earn an
96	96	industry certification;
97	97	(B) for evaluating the performance of middle and
98	98	junior high school and elementary school campuses and districts
99	99	that include those campuses:
100	100	(i) student attendance; and
101	101	(ii) for middle and junior high school
102	102	campuses:
103	103	(a) dropout rates, computed in the
104	104	manner described by Paragraph (A)(i); and
105	105	(b) the percentage of students in
106	106	grades seven and eight who receive instruction in preparing for
107	107	high school, college, and a career that includes information
108	108	regarding the creation of a high school personal graduation plan
109	109	under Section 28.02121, the distinguished level of achievement
110	110	described by Section 28.025(b-15), each endorsement described by
111	111	Section 28.025(c-1), college readiness standards, and potential
112	112	career choices and the education needed to enter those careers; and
113	113	(C) any additional indicators of student
114	114	achievement not associated with performance on standardized
115	115	assessment instruments determined appropriate for consideration by
116	116	the commissioner in consultation with educators, parents, business
117	117	and industry representatives, and employers; and
118	118	(5) in the fifth domain, three programs or specific
119	119	categories of performance related to community and student
120	120	engagement locally selected and evaluated as provided by Section
121	121	39.0546.
122	122	(c-3) For purposes of evaluating the performance of middle
123	123	and junior high school and elementary school campuses and school
124	124	districts that include those campuses under the student attendance
125	125	indicator under Subsection (c)(4)(B)(i) and assigning a
126	126	performance rating under Section 39.054, the commissioner may not
127	127	consider only excessive absences as the performance standard for
128	128	evaluation.
129	129	SECTION 2. Effective September 1, 2017, Sections 39.054(a),
130	130	(a-1), (a-2), and (a-3), Education Code, as effective September 1,
131	131	2017, are amended to read as follows:
132	132	(a) The commissioner shall adopt rules to evaluate school
133	133	district and campus performance and assign each district and campus
134	134	a [an overall] performance rating of A, B, C, D, or F. [In addition
135	135	to the overall performance rating, the commissioner shall assign
136	136	each district and campus a separate domain performance rating of A,
137	137	B, C, D, or F for each domain under Sections 39.053(c)(1)-(4).] A
138	138	[An overall or domain] performance rating of A reflects exemplary
139	139	performance. A [An overall or domain] performance rating of B
140	140	reflects recognized performance. A [An overall or domain]
141	141	performance rating of C reflects acceptable performance. A [An
142	142	overall or domain] performance rating of D or F reflects
143	143	unacceptable performance. A district may not receive a [an overall
144	144	or domain] performance rating of A if the district includes any
145	145	campus with a [corresponding overall or domain] performance rating
146	146	of D or F. A reference in law to an acceptable rating or acceptable
147	147	performance includes a [an overall or domain] performance rating of
148	148	A, B, or C or exemplary, recognized, or acceptable performance.
149	149	(a-1) For purposes of assigning a [an overall] performance
150	150	rating under Subsection (a), the commissioner shall attribute:
151	151	(1) [55 percent of the performance evaluation to the
152	152	achievement indicators] for each of the first, second, and third
153	153	domains under Sections 39.053(c)(1)-(3), 20 percent of the
154	154	performance evaluation to the achievement indicators in each
155	155	domain;
156	156	(2) for middle and junior high school and elementary
157	157	campuses and districts that include only those campuses, 20 [35]
158	158	percent of the performance evaluation to the applicable achievement
159	159	indicators for the fourth domain under Section 39.053(c)(4);
160	160	(3) for high school campuses and districts that
161	161	include those campuses, 20[:
162	162	[(A) 10 percent of the performance evaluation to
163	163	the high school graduation rate achievement indicator described by
164	164	Section 39.053(c)(4)(A)(ii); and
165	165	[(B) 25] percent of the performance evaluation to
166	166	the [remaining] applicable achievement indicators for the fourth
167	167	domain under Section 39.053(c)(4); and
168	168	(4) 20 [10] percent of the performance evaluation to
169	169	the locally selected and evaluated achievement indicators provided
170	170	for under the fifth domain under Section 39.053(c)(5).
171	171	(a-2) The commissioner by rule shall adopt procedures to
172	172	ensure that a repeated performance rating of D or F or unacceptable
173	173	[in one domain], particularly performance that is not significantly
174	174	improving, is reflected in the [overall] performance rating of a
175	175	district or campus [and is not compensated for by a performance
176	176	rating of A, B, or C in another domain].
177	177	(a-3) Not later than August 15 of each year, the performance
178	178	rating [ratings] of each district and campus shall be made publicly
179	179	available as provided by rules adopted under this section. If a
180	180	district or campus received a [an overall or domain] performance
181	181	rating of D or F for the preceding school year, the commissioner
182	182	shall notify the district of a subsequent such designation on or
183	183	before June 15.
184	184	SECTION 3. Section 39.054, Education Code, is amended by
185	185	adding Subsection (b) to read as follows:
186	186	(b) For purposes of assigning school districts and campuses
187	187	a performance rating under Subsection (a), the commissioner shall
188	188	ensure that the method used to evaluate performance:
189	189	(1) is not implemented in a manner that provides for a
190	190	specific designated distribution of ratings to districts and
191	191	campuses under which a designated percentage of districts or
192	192	campuses receive an A rating or an F rating; and
193	193	(2) is implemented in a manner that provides the
194	194	mathematical possibility that all districts and campuses receive an
195	195	A rating.
196	196	SECTION 4. Subchapter C, Chapter 39, Education Code, is
197	197	amended by adding Section 39.0542 to read as follows:
198	198	Sec. 39.0542. EXPLANATORY MATERIALS FOR ACCOUNTABILITY
199	199	RATING SYSTEM. (a) Not later than October 1 of each school year,
200	200	the commissioner shall provide each school district a document in a
201	201	simple, accessible format that explains the accountability
202	202	performance measures, methods, and procedures that will be applied
203	203	for that school year in assigning each school district and campus a
204	204	performance rating under Section 39.054.
205	205	(b) The document provided under Subsection (a) must be
206	206	provided in a format that a school district is able to easily
207	207	distribute to parents of students enrolled in the district and
208	208	other interested members of the public.
209	209	SECTION 5. Section 39.0546, Education Code, is amended to
210	210	read as follows:
211	211	Sec. 39.0546. PERFORMANCE IN COMMUNITY AND STUDENT
212	212	ENGAGEMENT AS COMPONENT OF [OVERALL] DISTRICT AND CAMPUS RATING.
213	213	(a) For purposes of including the local evaluation of districts
214	214	and campuses under Section 39.053(c)(5) and assigning a performance
215	215	[an overall] rating under Section 39.054, before the beginning of
216	216	each school year:
217	217	(1) each school district shall:
218	218	(A) select and report to the agency three
219	219	programs or categories under Section 39.0545(b)(1)[, as added by
220	220	Chapter 211 (H.B. 5), Acts of the 83rd Legislature, Regular
221	221	Session, 2013,] under which the district will evaluate district
222	222	performance;
223	223	(B) submit to the agency the criteria the
224	224	district will use to evaluate district performance and assign the
225	225	district a performance rating; and
226	226	(C) make the information described by Paragraphs
227	227	(A) and (B) available on the district's Internet website; and
228	228	(2) each campus shall:
229	229	(A) select and report to the agency three
230	230	programs or categories under Section 39.0545(b)(1)[, as added by
231	231	Chapter 211 (H.B. 5), Acts of the 83rd Legislature, Regular
232	232	Session, 2013,] under which the campus will evaluate campus
233	233	performance;
234	234	(B) submit to the agency the criteria the campus
235	235	will use to evaluate campus performance and assign the campus a
236	236	performance rating; and
237	237	(C) make the information described by Paragraphs
238	238	(A) and (B) available on the Internet website of the campus.
239	239	(b) Based on the evaluation under this section, each school
240	240	district shall assign the district and each campus shall assign the
241	241	campus a performance rating of A, B, C, D, or F[, for both overall
242	242	performance and] for each program or category evaluated. A [An
243	243	overall or a] program or category performance rating of A reflects
244	244	exemplary performance. A [An overall or a] program or category
245	245	performance rating of B reflects recognized performance. A [An
246	246	overall or a] program or category performance rating of C reflects
247	247	acceptable performance. A [An overall or a] program or category
248	248	performance rating of D or F reflects unacceptable performance.
249	249	(c) On or before the date determined by the commissioner by
250	250	rule, each school district and campus shall report each performance
251	251	rating to the agency for the purpose of including the rating in
252	252	evaluating school district and campus performance and assigning a
253	253	performance [an overall] rating under Section 39.054.
254	254	SECTION 6. Subchapter C, Chapter 39, Education Code, is
255	255	amended by adding Section 39.0549 to read as follows:
256	256	Sec. 39.0549. EVALUATION OF CERTAIN SCHOOL DISTRICTS WITH
257	257	CERTAIN RAPIDLY GROWING POPULATIONS. (a) This section applies
258	258	only to a school district that experiences an increase in student
259	259	enrollment from one school year to the next, at least 15 percent of
260	260	which is comprised exclusively of students of limited English
261	261	proficiency, as defined by Section 29.052.
262	262	(b) The commissioner by rule shall develop an alternative
263	263	method for evaluating and assigning a performance rating to school
264	264	districts subject to this section and campuses in those districts.
265	265	(c) Methods the commissioner may use for alternative
266	266	evaluation as authorized by this section include, for purposes of
267	267	assigning a performance rating under Section 39.054:
268	268	(1) excluding the achievement indicators under
269	269	Section 39.053(c)(1); or
270	270	(2) excluding the achievement indicators under
271	271	Section 39.053(c)(1) or (2), whichever set of indicators has the
272	272	most negative impact on the performance rating of the district or
273	273	campus.
274	274	SECTION 7. Section 39.301(d), Education Code, is amended to
275	275	read as follows:
276	276	(d) Performance on the indicators described by Section
277	277	39.053(c)(4) [39.053(c)] and Subsections (c)(3), (4), and (9) must
278	278	be based on longitudinal student data that is disaggregated by the
279	279	bilingual education or special language program, if any, in which
280	280	students of limited English proficiency, as defined by Section
281	281	29.052, are or former students of limited English proficiency were
282	282	enrolled. If a student described by this subsection is not or was
283	283	not enrolled in specialized language instruction, the number and
284	284	percentage of those students shall be provided.
285	285	SECTION 8. If there is a conflict between the changes in law
286	286	made by this Act and a federal law or regulation, the commissioner
287	287	of education shall seek a waiver from the application of the
288	288	conflicting federal law or regulation. In seeking a waiver, the
289	289	commissioner shall submit all relevant data for considering the
290	290	waiver application.
291	291	SECTION 9. This Act applies beginning with the 2017-2018
292	292	school year.
293	293	SECTION 10. Except as otherwise provided by this Act, this
294	294	Act takes effect immediately if it receives a vote of two-thirds of
295	295	all the members elected to each house, as provided by Section 39,
296	296	Article III, Texas Constitution. If this Act does not receive the
297	297	vote necessary for immediate effect, this Act takes effect
298	298	September 1, 2017.