85R5746 PAM-D
By: González of El Paso H.B. No. 843
A BILL TO BE ENTITLED
AN ACT
relating to designations for rating the performance of public
school districts and campuses for accountability purposes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 8.051(b) and (d), Education Code, are
amended to read as follows:
(b) Each regional education service center shall annually
develop and submit to the commissioner for approval a plan for
improvement. Each plan must include the purposes and description
of the services the center will provide to:
(1) campuses assigned a needs improvement [an
unacceptable] performance rating under Section 39.054;
(2) the lowest-performing campuses in the region; and
(3) other campuses.
(d) Each regional education service center shall maintain
core services for purchase by school districts and campuses. The
core services are:
(1) training and assistance in:
(A) teaching each subject area assessed under
Section 39.023; and
(B) providing instruction in personal financial
literacy as required under Section 28.0021;
(2) training and assistance in providing each program
that qualifies for a funding allotment under Section 42.151,
42.152, 42.153, or 42.156;
(3) assistance specifically designed for a school
district or campus assigned a needs improvement [an unacceptable]
performance rating under Section 39.054;
(4) training and assistance to teachers,
administrators, members of district boards of trustees, and members
of site-based decision-making committees;
(5) assistance specifically designed for a school
district that is considered out of compliance with state or federal
special education requirements, based on the agency's most recent
compliance review of the district's special education programs; and
(6) assistance in complying with state laws and rules.
SECTION 2. Section 12.110(e), Education Code, is amended to
read as follows:
(e) The commissioner shall give priority to applications
that propose an open-enrollment charter school campus to be located
in the attendance zone of a school district campus assigned a needs
improvement [an unacceptable] performance rating under Section
39.054 for the two preceding school years.
SECTION 3. Section 12.115(c), Education Code, is amended to
read as follows:
(c) The commissioner shall revoke the charter of an
open-enrollment charter school if:
(1) the charter holder has been assigned a needs
improvement [an unacceptable] performance rating under Subchapter
C, Chapter 39, for the three preceding school years;
(2) the charter holder has been assigned a financial
accountability performance rating under Subchapter D, Chapter 39,
indicating financial performance lower than satisfactory for the
three preceding school years; or
(3) the charter holder has been assigned any
combination of the ratings described by Subdivision (1) or (2) for
the three preceding school years.
SECTION 4. Sections 12A.008(a) and (c), Education Code, are
amended to read as follows:
(a) The commissioner may terminate a district's designation
as a district of innovation if the district receives for two
consecutive school years:
(1) a needs improvement [an unacceptable academic]
performance rating under Section 39.054;
(2) a [an unacceptable] financial accountability
rating indicating financial performance lower than satisfactory
under Section 39.082; or
(3) a needs improvement [an unacceptable academic]
performance rating under Section 39.054 for one of the school years
and a [an unacceptable] financial accountability rating indicating
financial performance lower than satisfactory under Section 39.082
for the other school year.
(c) The commissioner shall terminate a district's
designation as a district of innovation if the district receives
for three consecutive school years:
(1) a needs improvement [an unacceptable academic]
performance rating under Section 39.054;
(2) a [an unacceptable] financial accountability
rating indicating financial performance lower than satisfactory
under Section 39.082; or
(3) any combination of one or more needs improvement
[unacceptable] ratings under Subdivision (1) and one or more
financial accountability [unacceptable] ratings indicating
financial performance lower than satisfactory under Subdivision
(2).
SECTION 5. The heading to Section 13.054, Education Code,
is amended to read as follows:
Sec. 13.054. [ACADEMICALLY UNACCEPTABLE] SCHOOL DISTRICTS
RATED AS NEEDS IMPROVEMENT.
SECTION 6. Sections 13.054(a), (b), and (d), Education
Code, are amended to read as follows:
(a) The commissioner by order may annex to one or more
adjoining districts a school district that has been rated as needs
improvement [academically unacceptable] for a period of two years.
(b) The governing board of a district to which territory of
a [an academically unacceptable] district rated as needs
improvement is annexed is the governing board for the new district.
(d) Title to the real property of the [academically
unacceptable] district rated as needs improvement vests in the
district to which the property is annexed. Each district to which
territory is annexed assumes and is liable for any portion of the
[academically unacceptable district's] indebtedness of the
district rated as needs improvement that is allocated to the
receiving district under Section 13.004.
SECTION 7. Section 21.453(b), Education Code, is amended to
read as follows:
(b) The commissioner may allocate funds from the account to
regional education service centers to provide staff development
resources to school districts that:
(1) are rated as needs improvement [academically
unacceptable];
(2) have one or more campuses rated as needs
improvement [academically unacceptable]; or
(3) are otherwise in need of assistance as indicated
by the academic performance of students, as determined by the
commissioner.
SECTION 8. Section 39.054(a), Education Code, as effective
September 1, 2017, is 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 exemplary, recognized,
acceptable, or needs improvement [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
exemplary, recognized, acceptable, or needs improvement [A, B, C,
D, or F] for each 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
exemplary [A] if the district includes any campus with a
corresponding overall or domain performance rating of needs
improvement [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.
SECTION 9. Sections 39.054(a-2) and (a-3), Education Code,
are amended to read as follows:
(a-2) The commissioner by rule shall adopt procedures to
ensure that a repeated performance rating of needs improvement [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 exemplary, recognized, or acceptable
[A, B, or C] in another domain.
(a-3) Not later than August 15 of each year, the performance
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 an overall or domain performance rating
of needs improvement [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 10. Section 39.0545(a), Education Code, is amended
to read as follows:
(a) Each school district shall evaluate the district's
performance and the performance of each campus in the district in
community and student engagement and in compliance as provided by
this section and assign the district and each campus a performance
rating of exemplary, recognized, acceptable, or needs improvement
[unacceptable] for both overall performance and each individual
evaluation factor listed under Subsection (b). Not later than
August 8 of each year, the district shall report each performance
rating to the agency and make the performance ratings publicly
available as provided by commissioner rule.
SECTION 11. Section 39.0546(b), Education Code, is amended
to read as follows:
(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 exemplary, recognized, acceptable,
or needs improvement [A, B, C, D, or F,] for both overall
performance and for each program or category evaluated. [An
overall or a program or category performance rating of A reflects
exemplary performance. An overall or a program or category
performance rating of B reflects recognized performance. An
overall or a program or category performance rating of C reflects
acceptable performance. An overall or a program or category
performance rating of D or F reflects unacceptable performance.]
SECTION 12. Section 39.106(e), Education Code, is amended
to read as follows:
(e) For each year a campus is assigned a needs improvement
[an unacceptable] performance rating, a campus intervention team
shall:
(1) continue to work with a campus until:
(A) the campus satisfies all performance
standards under Section 39.054(e) for a two-year period; or
(B) the campus satisfies all performance
standards under Section 39.054(e) for a one-year period and the
commissioner determines that the campus is operating and will
continue to operate in a manner that improves student achievement;
(2) assist in updating the targeted improvement plan
to identify and analyze areas of growth and areas that require
improvement; and
(3) submit each updated plan described by Subdivision
(2) to the board of trustees of the school district.
SECTION 13. Sections 39.107(a), (a-2), (b-4), (e), (f),
(g-1), and (k), Education Code, are amended to read as follows:
(a) After a campus has been identified as needs improvement
[unacceptable] for two consecutive school years, the commissioner
shall order the campus to prepare and submit a campus turnaround
plan. The commissioner shall by rule establish procedures
governing the time and manner in which the campus must submit the
campus turnaround plan.
(a-2) Before a campus turnaround plan is prepared and
submitted for approval to the board of trustees of the school
district, the district, in consultation with the campus
intervention team, shall:
(1) provide notice to parents, the community, and
stakeholders that the campus has received a needs improvement [an
academically unacceptable] performance rating for two consecutive
years and will be required to submit a campus turnaround plan; and
(2) request assistance from parents, the community,
and stakeholders in developing the campus turnaround plan.
(b-4) A campus turnaround plan developed under this section
must take effect not later than the school year following the third
consecutive school year that the campus has received a needs
improvement [an academically unacceptable] performance rating.
(e) If a campus is considered to have a needs improvement
[an unacceptable] performance rating for three consecutive school
years after the campus is ordered to submit a campus turnaround plan
under Subsection (a), the commissioner, subject to Subsection
(e-2), shall order:
(1) appointment of a board of managers to govern the
district as provided by Section 39.112(b); or
(2) closure of the campus.
(f) Notwithstanding Section 39.112(e), the commissioner may
remove a board of managers appointed to govern a district under this
section only if the campus that was the basis for the appointment of
the board of managers receives an academically acceptable
performance rating for two consecutive school years. If a campus
that was the basis for the appointment of a board of managers
receives a needs improvement [an academically unacceptable]
performance rating for two additional consecutive years following
the appointment of the board of managers, the commissioner may
remove the board of managers and, in consultation with the local
community, may appoint a new board of managers to govern the
district.
(g-1) If the commissioner orders alternative management of
a campus under Subsection (d)(2), the school district shall execute
a contract with a managing entity for a term not to exceed five
years. The commissioner may require a district to extend the term
of the contract if the commissioner determines that extending the
contract on expiration of the initial term is in the best interest
of the students attending the campus. The terms of the contract
must be approved by the commissioner. If a campus receives a needs
improvement [an academically unacceptable] performance rating for
two consecutive school years after the managing entity assumes
management of the campus, the commissioner shall cancel the
contract with the managing entity.
(k) To qualify for consideration as a managing entity under
this section, the entity must submit a proposal that provides
information relating to the entity's management and leadership team
that will participate in management of the campus under
consideration, including information relating to individuals that
have:
(1) documented success in whole school interventions
that increased the educational and performance levels of students
in campuses considered to have a needs improvement [an
unacceptable] performance rating;
(2) a proven record of effectiveness with programs
assisting low-performing students;
(3) a proven ability to apply research-based school
intervention strategies;
(4) a proven record of financial ability to perform
under the management contract; and
(5) any other experience or qualifications the
commissioner determines necessary.
SECTION 14. Sections 39.1071(b) and (d), Education Code,
are amended to read as follows:
(b) If a campus described under Subsection (a) receives an
academically unacceptable performance rating for the 2016-2017
school year and a needs improvement performance rating for the
2017-2018 school year [years], the commissioner shall apply the
interventions and sanctions authorized by Section 39.107(e) to the
campus.
(d) If a campus described under Subsection (c) receives an
academically unacceptable performance rating for the 2016-2017
school year and a needs improvement performance rating for the[,]
2017-2018[,] and 2018-2019 school years, the commissioner shall
apply the interventions and sanctions authorized by Section
39.107(e) to the campus.
SECTION 15. Section 39.306(a), Education Code, is amended
to read as follows:
(a) Each board of trustees shall publish an annual report
describing the educational performance of the district and of each
campus in the district that includes uniform student performance
and descriptive information as determined under rules adopted by
the commissioner. The annual report must also include:
(1) campus performance objectives established under
Section 11.253 and the progress of each campus toward those
objectives, which shall be available to the public;
(2) information indicating the district's
accreditation status and identifying each district campus awarded a
distinction designation under Subchapter G or considered a needs
improvement [an unacceptable] campus under Subchapter E;
(3) the district's current special education
compliance status with the agency;
(4) a statement of the number, rate, and type of
violent or criminal incidents that occurred on each district
campus, to the extent permitted under the Family Educational Rights
and Privacy Act of 1974 (20 U.S.C. Section 1232g);
(5) information concerning school violence prevention
and violence intervention policies and procedures that the district
is using to protect students;
(6) the findings that result from evaluations
conducted under programs or activities to support safe and healthy
students authorized under 20 U.S.C. Section 7118 [the Safe and
Drug-Free Schools and Communities Act of 1994 (20 U.S.C. Section
7101 et seq.)]; and
(7) information received under Section 51.403(e) for
each high school campus in the district, presented in a form
determined by the commissioner.
SECTION 16. Section 39.333, Education Code, is amended to
read as follows:
Sec. 39.333. REGIONAL AND DISTRICT LEVEL REPORT. As part of
the comprehensive biennial report under Section 39.332, the agency
shall submit a regional and district level report covering the
preceding two school years and containing:
(1) a summary of school district compliance with the
student/teacher ratios and class-size limitations prescribed by
Sections 25.111 and 25.112, including:
(A) the number of campuses and classes at each
campus granted an exception from Section 25.112; and
(B) for each campus granted an exception from
Section 25.112, a statement of whether the campus has been awarded a
distinction designation under Subchapter G or has been identified
as a needs improvement [an unacceptable] campus under Subchapter E;
(2) a summary of the exemptions and waivers granted to
campuses and school districts under Section 7.056 or 39.232 and a
review of the effectiveness of each campus or district following
deregulation;
(3) an evaluation of the performance of the system of
regional education service centers based on the indicators adopted
under Section 8.101 and client satisfaction with services provided
under Subchapter B, Chapter 8;
(4) an evaluation of accelerated instruction programs
offered under Section 28.006, including an assessment of the
quality of such programs and the performance of students enrolled
in such programs; and
(5) the number of classes at each campus that are
currently being taught by individuals who are not certified in the
content areas of their respective classes.
SECTION 17. Section 39.361, Education Code, is amended to
read as follows:
Sec. 39.361. NOTICE IN STUDENT GRADE REPORT. The first
written notice of a student's performance that a school district
gives during a school year as required by Section 28.022(a)(2) must
include:
(1) a statement of whether the campus at which the
student is enrolled has been awarded a distinction designation
under Subchapter G or has been identified as a needs improvement [an
unacceptable] campus under Subchapter E; and
(2) an explanation of the significance of the
information provided under Subdivision (1).
SECTION 18. Section 39.363, Education Code, is amended to
read as follows:
Sec. 39.363. NOTICE ON AGENCY WEBSITE. Not later than
October 1 of each year, the agency shall make the following
information available to the public on the agency's Internet
website:
(1) the [letter] performance rating assigned to each
school district and campus under Section 39.054 and each
distinction designation awarded to a school district or campus
under Subchapter G;
(2) the performance rating assigned to a school
district and each campus in the district by the district under
Section 39.0545; and
(3) the financial accountability rating assigned to
each school district and open-enrollment charter school under
Section 39.082.
SECTION 19. This Act takes effect September 1, 2017.