85R7756 PAM-D
By: Bailes H.B. No. 3290
A BILL TO BE ENTITLED
AN ACT
relating to evaluation of public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.053, Education Code, is amended by
amending Subsection (c) and adding Subsection (c-3) to read as
follows:
(c) School districts and campuses must be evaluated based on
five domains of indicators of achievement adopted under this
section 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, 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, 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, other than academic
achievement differentials based on the results of assessment
instruments under Subdivision (1) or (2);
(4) in the fourth domain:
(A) for evaluating the performance of high school
campuses and districts that include high school campuses:
(i) dropout rates, including dropout rates
and district completion rates for grade levels 9 through 12,
computed in accordance with standards and definitions adopted by
the National Center for Education Statistics of the United States
Department of Education;
(ii) high school graduation rates, computed
in accordance with standards and definitions adopted in compliance
with the Every Student Succeeds Act [No Child Left Behind Act of
2001] (20 U.S.C. Section 6301 et seq.);
(iii) the percentage of students who
successfully completed the curriculum requirements for the
distinguished level of achievement under the foundation high school
program;
(iv) the percentage of students who
successfully completed the curriculum requirements for an
endorsement under Section 28.025(c-1);
(v) the percentage of students who
completed a coherent sequence of career and technical courses;
(vi) the percentage of students who satisfy
the Texas Success Initiative (TSI) college readiness benchmarks
prescribed by the Texas Higher Education Coordinating Board under
Section 51.3062(f) on an assessment instrument in reading, writing,
or mathematics designated by the Texas Higher Education
Coordinating Board under Section 51.3062(c);
(vii) the percentage of students who earn
at least 12 hours of postsecondary credit required for the
foundation high school program under Section 28.025 or to earn an
endorsement under Section 28.025(c-1);
(viii) the percentage of students who have
completed an advanced placement course;
(ix) the percentage of students who enlist
in the armed forces of the United States; and
(x) the percentage of students who earn an
industry certification;
(B) for evaluating the performance of middle and
junior high school and elementary school campuses and districts
that include those campuses:
(i) student attendance; and
(ii) for middle and junior high school
campuses:
(a) dropout rates, computed in the
manner described by Paragraph (A)(i); and
(b) the percentage of students in
grades seven and eight who receive instruction in preparing for
high school, college, and a career that includes information
regarding the creation of a high school personal graduation plan
under Section 28.02121, the distinguished level of achievement
described by Section 28.025(b-15), each endorsement described by
Section 28.025(c-1), college readiness standards, and potential
career choices and the education needed to enter those careers; and
(C) any additional indicators of student
achievement not associated with performance on standardized
assessment instruments determined appropriate for consideration by
the commissioner in consultation with educators, parents, business
and industry representatives, and employers; and
(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.
(c-3) For purposes of evaluating the performance of middle
and junior high school and elementary school campuses and school
districts that include those campuses under the student attendance
indicator under Subsection (c)(4)(B)(i) and assigning a
performance rating under Section 39.054, the commissioner may not
consider only excessive absences as the performance standard for
evaluation.
SECTION 2. Effective September 1, 2017, Sections 39.054(a),
(a-1), (a-2), and (a-3), 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
a [an overall] performance rating of A, B, C, D, or F. [In addition
to the overall performance rating, the commissioner shall assign
each district and campus a separate domain performance rating of A,
B, C, D, or F for each domain under Sections 39.053(c)(1)-(4).] A
[An overall or domain] performance rating of A reflects exemplary
performance. A [An overall or domain] performance rating of B
reflects recognized performance. A [An overall or domain]
performance rating of C reflects acceptable performance. A [An
overall or domain] performance rating of D or F reflects
unacceptable performance. A district may not receive a [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 a [an overall or domain] performance rating of
A, B, or C or exemplary, recognized, or acceptable performance.
(a-1) For purposes of assigning a [an overall] performance
rating under Subsection (a), the commissioner shall attribute:
(1) [55 percent of the performance evaluation to the
achievement indicators] for each of the first, second, and third
domains under Sections 39.053(c)(1)-(3), 20 percent of the
performance evaluation to the achievement indicators in each
domain;
(2) for middle and junior high school and elementary
campuses and districts that include only those campuses, 20 [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, 20[:
[(A) 10 percent of the performance evaluation to
the high school graduation rate achievement indicator described by
Section 39.053(c)(4)(A)(ii); and
[(B) 25] percent of the performance evaluation to
the [remaining] applicable achievement indicators for the fourth
domain under Section 39.053(c)(4); and
(4) 20 [10] percent of the performance evaluation to
the locally selected and evaluated achievement indicators provided
for under the fifth domain under Section 39.053(c)(5).
(a-2) The commissioner by rule shall adopt procedures to
ensure that a repeated performance rating of D or F or unacceptable
[in one domain], particularly performance that is not significantly
improving, is reflected in the [overall] performance rating of a
district or campus [and is not compensated for by a performance
rating of A, B, or C in another domain].
(a-3) Not later than August 15 of each year, the performance
rating [ratings] of each district and campus shall be made publicly
available as provided by rules adopted under this section. If a
district or campus received a [an overall or domain] performance
rating of D or F for the preceding school year, the commissioner
shall notify the district of a subsequent such designation on or
before June 15.
SECTION 3. Section 39.054, Education Code, is amended by
adding Subsection (b) to read as follows:
(b) For purposes of assigning school districts and campuses
a performance rating under Subsection (a), the commissioner shall
ensure that the method used to evaluate performance:
(1) is not implemented in a manner that provides for a
specific designated distribution of ratings to districts and
campuses under which a designated percentage of districts or
campuses receive an A rating or an F rating; and
(2) is implemented in a manner that provides the
mathematical possibility that all districts and campuses receive an
A rating.
SECTION 4. Subchapter C, Chapter 39, Education Code, is
amended by adding Section 39.0542 to read as follows:
Sec. 39.0542. EXPLANATORY MATERIALS FOR ACCOUNTABILITY
RATING SYSTEM. (a) Not later than October 1 of each school year,
the commissioner shall provide each school district a document in a
simple, accessible format that explains the accountability
performance measures, methods, and procedures that will be applied
for that school year in assigning each school district and campus a
performance rating under Section 39.054.
(b) The document provided under Subsection (a) must be
provided in a format that a school district is able to easily
distribute to parents of students enrolled in the district and
other interested members of the public.
SECTION 5. Section 39.0546, Education Code, is amended to
read as follows:
Sec. 39.0546. PERFORMANCE IN COMMUNITY AND STUDENT
ENGAGEMENT AS COMPONENT OF [OVERALL] DISTRICT AND CAMPUS RATING.
(a) For purposes of including the local evaluation of districts
and campuses under Section 39.053(c)(5) and assigning a performance
[an overall] rating under Section 39.054, before the beginning of
each school year:
(1) each school district shall:
(A) select and report to the agency three
programs or categories under Section 39.0545(b)(1)[, as added by
Chapter 211 (H.B. 5), Acts of the 83rd Legislature, Regular
Session, 2013,] under which the district will evaluate district
performance;
(B) submit to the agency the criteria the
district will use to evaluate district performance and assign the
district a performance rating; and
(C) make the information described by Paragraphs
(A) and (B) available on the district's Internet website; and
(2) each campus shall:
(A) select and report to the agency three
programs or categories under Section 39.0545(b)(1)[, as added by
Chapter 211 (H.B. 5), Acts of the 83rd Legislature, Regular
Session, 2013,] under which the campus will evaluate campus
performance;
(B) submit to the agency the criteria the campus
will use to evaluate campus performance and assign the campus a
performance rating; and
(C) make the information described by Paragraphs
(A) and (B) available on the Internet website of the campus.
(b) Based on the evaluation under this section, each school
district shall assign the district and each campus shall assign the
campus a performance rating of A, B, C, D, or F[, for both overall
performance and] for each program or category evaluated. A [An
overall or a] program or category performance rating of A reflects
exemplary performance. A [An overall or a] program or category
performance rating of B reflects recognized performance. A [An
overall or a] program or category performance rating of C reflects
acceptable performance. A [An overall or a] program or category
performance rating of D or F reflects unacceptable performance.
(c) On or before the date determined by the commissioner by
rule, each school district and campus shall report each performance
rating to the agency for the purpose of including the rating in
evaluating school district and campus performance and assigning a
performance [an overall] rating under Section 39.054.
SECTION 6. Subchapter C, Chapter 39, Education Code, is
amended by adding Section 39.0549 to read as follows:
Sec. 39.0549. EVALUATION OF CERTAIN SCHOOL DISTRICTS WITH
CERTAIN RAPIDLY GROWING POPULATIONS. (a) This section applies
only to a school district that experiences an increase in student
enrollment from one school year to the next, at least 15 percent of
which is comprised exclusively of students of limited English
proficiency, as defined by Section 29.052.
(b) The commissioner by rule shall develop an alternative
method for evaluating and assigning a performance rating to school
districts subject to this section and campuses in those districts.
(c) Methods the commissioner may use for alternative
evaluation as authorized by this section include, for purposes of
assigning a performance rating under Section 39.054:
(1) excluding the achievement indicators under
Section 39.053(c)(1); or
(2) excluding the achievement indicators under
Section 39.053(c)(1) or (2), whichever set of indicators has the
most negative impact on the performance rating of the district or
campus.
SECTION 7. Section 39.301(d), Education Code, is amended to
read as follows:
(d) Performance on the indicators described by Section
39.053(c)(4) [39.053(c)] and Subsections (c)(3), (4), and (9) must
be based on longitudinal student data that is disaggregated by the
bilingual education or special language program, if any, in which
students of limited English proficiency, as defined by Section
29.052, are or former students of limited English proficiency were
enrolled. If a student described by this subsection is not or was
not enrolled in specialized language instruction, the number and
percentage of those students shall be provided.
SECTION 8. If there is a conflict between the changes in law
made by this Act and a federal law or regulation, the commissioner
of education shall seek a waiver from the application of the
conflicting federal law or regulation. In seeking a waiver, the
commissioner shall submit all relevant data for considering the
waiver application.
SECTION 9. This Act applies beginning with the 2017-2018
school year.
SECTION 10. Except as otherwise provided by this Act, 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.