85R3482 MK-F
By: Guillen H.B. No. 79
A BILL TO BE ENTITLED
AN ACT
relating to the use of alternative assessment instruments for
students in a special education program of a public school
district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.02316 to read as follows:
Sec. 39.02316. REQUIREMENTS RELATING TO ALTERNATIVE
ASSESSMENT DESIGNATION FOR STUDENTS IN SPECIAL EDUCATION PROGRAM;
CERTAIN USE OF INFORMATION PROHIBITED. The agency may not:
(1) limit the percentage of students in a special
education program of a school district under Subchapter A, Chapter
29, who are appropriately assessed through alternative assessment
instruments based on state eligibility criteria; and
(2) use the reported percentage of students in a
special education program of a school district under Subchapter A,
Chapter 29, who are assessed through the alternative assessment
instruments for performance, compliance, or accountability
purposes.
SECTION 2. Section 39.053(c), Education Code, is amended 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:
(A) [(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
(B) [(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) [(1)(A)]:
(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
(B) [(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;
(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.
SECTION 3. Section 39.057(a), Education Code, is amended to
read as follows:
(a) The commissioner may authorize special accreditation
investigations to be conducted:
(1) when excessive numbers of absences of students
eligible to be tested on state assessment instruments are
determined;
(2) when excessive numbers of allowable exemptions
from the required state assessment instruments are determined;
(3) in response to complaints submitted to the agency
with respect to alleged violations of civil rights or other
requirements imposed on the state by federal law or court order;
(4) in response to established compliance reviews of
the district's financial accounting practices and state and federal
program requirements;
(5) when extraordinary numbers of student placements
in disciplinary alternative education programs, other than
placements under Sections 37.006 and 37.007, are determined;
(6) in response to an allegation involving a conflict
between members of the board of trustees or between the board and
the district administration if it appears that the conflict
involves a violation of a role or duty of the board members or the
administration clearly defined by this code;
(7) when excessive numbers of students in special
education programs under Subchapter A, Chapter 29, are assessed
through alternative assessment instruments developed or adopted
under Section 39.023(b);
(8) in response to an allegation regarding or an
analysis using a statistical method result indicating a possible
violation of an assessment instrument security procedure
established under Section 39.0301, including for the purpose of
investigating or auditing a school district under that section;
(9) when a significant pattern of decreased academic
performance has developed as a result of the promotion in the
preceding two school years of students who did not perform
satisfactorily as determined by the commissioner under Section
39.0241(a) on assessment instruments administered under Section
39.023(a), (c), or (l);
(10) when excessive numbers of students eligible to
enroll fail to complete an Algebra II course or any other advanced
course as determined by the commissioner;
(11) when resource allocation practices as evaluated
under Section 39.0821 indicate a potential for significant
improvement in resource allocation;
(12) when a disproportionate number of students of a
particular demographic group is graduating with a particular
endorsement under Section 28.025(c-1);
(13) when an excessive number of students is
graduating with a particular endorsement under Section
28.025(c-1);
(14) in response to a complaint submitted to the
agency with respect to alleged inaccurate data that is reported
through the Public Education Information Management System (PEIMS)
or through other reports required by state or federal law or rule or
court order and that is used by the agency to make a determination
relating to public school accountability, including accreditation,
under this chapter; or
(15) as the commissioner otherwise determines
necessary.
SECTION 4. This Act applies beginning with the 2017-2018
school year.
SECTION 5. 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.