Texas 2017 - 85th Regular

Texas House Bill HB843 Compare Versions

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

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1	1	85R5746 PAM-D
2	2	By: González of El Paso H.B. No. 843
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to designations for rating the performance of public
8	8	school districts and campuses for accountability purposes.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 8.051(b) and (d), Education Code, are
11	11	amended to read as follows:
12	12	(b) Each regional education service center shall annually
13	13	develop and submit to the commissioner for approval a plan for
14	14	improvement. Each plan must include the purposes and description
15	15	of the services the center will provide to:
16	16	(1) campuses assigned a needs improvement [an
17	17	unacceptable] performance rating under Section 39.054;
18	18	(2) the lowest-performing campuses in the region; and
19	19	(3) other campuses.
20	20	(d) Each regional education service center shall maintain
21	21	core services for purchase by school districts and campuses. The
22	22	core services are:
23	23	(1) training and assistance in:
24	24	(A) teaching each subject area assessed under
25	25	Section 39.023; and
26	26	(B) providing instruction in personal financial
27	27	literacy as required under Section 28.0021;
28	28	(2) training and assistance in providing each program
29	29	that qualifies for a funding allotment under Section 42.151,
30	30	42.152, 42.153, or 42.156;
31	31	(3) assistance specifically designed for a school
32	32	district or campus assigned a needs improvement [an unacceptable]
33	33	performance rating under Section 39.054;
34	34	(4) training and assistance to teachers,
35	35	administrators, members of district boards of trustees, and members
36	36	of site-based decision-making committees;
37	37	(5) assistance specifically designed for a school
38	38	district that is considered out of compliance with state or federal
39	39	special education requirements, based on the agency's most recent
40	40	compliance review of the district's special education programs; and
41	41	(6) assistance in complying with state laws and rules.
42	42	SECTION 2. Section 12.110(e), Education Code, is amended to
43	43	read as follows:
44	44	(e) The commissioner shall give priority to applications
45	45	that propose an open-enrollment charter school campus to be located
46	46	in the attendance zone of a school district campus assigned a needs
47	47	improvement [an unacceptable] performance rating under Section
48	48	39.054 for the two preceding school years.
49	49	SECTION 3. Section 12.115(c), Education Code, is amended to
50	50	read as follows:
51	51	(c) The commissioner shall revoke the charter of an
52	52	open-enrollment charter school if:
53	53	(1) the charter holder has been assigned a needs
54	54	improvement [an unacceptable] performance rating under Subchapter
55	55	C, Chapter 39, for the three preceding school years;
56	56	(2) the charter holder has been assigned a financial
57	57	accountability performance rating under Subchapter D, Chapter 39,
58	58	indicating financial performance lower than satisfactory for the
59	59	three preceding school years; or
60	60	(3) the charter holder has been assigned any
61	61	combination of the ratings described by Subdivision (1) or (2) for
62	62	the three preceding school years.
63	63	SECTION 4. Sections 12A.008(a) and (c), Education Code, are
64	64	amended to read as follows:
65	65	(a) The commissioner may terminate a district's designation
66	66	as a district of innovation if the district receives for two
67	67	consecutive school years:
68	68	(1) a needs improvement [an unacceptable academic]
69	69	performance rating under Section 39.054;
70	70	(2) a [an unacceptable] financial accountability
71	71	rating indicating financial performance lower than satisfactory
72	72	under Section 39.082; or
73	73	(3) a needs improvement [an unacceptable academic]
74	74	performance rating under Section 39.054 for one of the school years
75	75	and a [an unacceptable] financial accountability rating indicating
76	76	financial performance lower than satisfactory under Section 39.082
77	77	for the other school year.
78	78	(c) The commissioner shall terminate a district's
79	79	designation as a district of innovation if the district receives
80	80	for three consecutive school years:
81	81	(1) a needs improvement [an unacceptable academic]
82	82	performance rating under Section 39.054;
83	83	(2) a [an unacceptable] financial accountability
84	84	rating indicating financial performance lower than satisfactory
85	85	under Section 39.082; or
86	86	(3) any combination of one or more needs improvement
87	87	[unacceptable] ratings under Subdivision (1) and one or more
88	88	financial accountability [unacceptable] ratings indicating
89	89	financial performance lower than satisfactory under Subdivision
90	90	(2).
91	91	SECTION 5. The heading to Section 13.054, Education Code,
92	92	is amended to read as follows:
93	93	Sec. 13.054. [ACADEMICALLY UNACCEPTABLE] SCHOOL DISTRICTS
94	94	RATED AS NEEDS IMPROVEMENT.
95	95	SECTION 6. Sections 13.054(a), (b), and (d), Education
96	96	Code, are amended to read as follows:
97	97	(a) The commissioner by order may annex to one or more
98	98	adjoining districts a school district that has been rated as needs
99	99	improvement [academically unacceptable] for a period of two years.
100	100	(b) The governing board of a district to which territory of
101	101	a [an academically unacceptable] district rated as needs
102	102	improvement is annexed is the governing board for the new district.
103	103	(d) Title to the real property of the [academically
104	104	unacceptable] district rated as needs improvement vests in the
105	105	district to which the property is annexed. Each district to which
106	106	territory is annexed assumes and is liable for any portion of the
107	107	[academically unacceptable district's] indebtedness of the
108	108	district rated as needs improvement that is allocated to the
109	109	receiving district under Section 13.004.
110	110	SECTION 7. Section 21.453(b), Education Code, is amended to
111	111	read as follows:
112	112	(b) The commissioner may allocate funds from the account to
113	113	regional education service centers to provide staff development
114	114	resources to school districts that:
115	115	(1) are rated as needs improvement [academically
116	116	unacceptable];
117	117	(2) have one or more campuses rated as needs
118	118	improvement [academically unacceptable]; or
119	119	(3) are otherwise in need of assistance as indicated
120	120	by the academic performance of students, as determined by the
121	121	commissioner.
122	122	SECTION 8. Section 39.054(a), Education Code, as effective
123	123	September 1, 2017, is amended to read as follows:
124	124	(a) The commissioner shall adopt rules to evaluate school
125	125	district and campus performance and assign each district and campus
126	126	an overall performance rating of exemplary, recognized,
127	127	acceptable, or needs improvement [A, B, C, D, or F]. In addition to
128	128	the overall performance rating, the commissioner shall assign each
129	129	district and campus a separate domain performance rating of
130	130	exemplary, recognized, acceptable, or needs improvement [A, B, C,
131	131	D, or F] for each domain under Sections 39.053(c)(1)-(4). [An
132	132	overall or domain performance rating of A reflects exemplary
133	133	performance. An overall or domain performance rating of B reflects
134	134	recognized performance. An overall or domain performance rating of
135	135	C reflects acceptable performance. An overall or domain
136	136	performance rating of D or F reflects unacceptable performance.] A
137	137	district may not receive an overall or domain performance rating of
138	138	exemplary [A] if the district includes any campus with a
139	139	corresponding overall or domain performance rating of needs
140	140	improvement [D or F]. A reference in law to an acceptable rating or
141	141	acceptable performance includes an overall or domain performance
142	142	rating of [A, B, or C or] exemplary, recognized, or acceptable
143	143	performance.
144	144	SECTION 9. Sections 39.054(a-2) and (a-3), Education Code,
145	145	are amended to read as follows:
146	146	(a-2) The commissioner by rule shall adopt procedures to
147	147	ensure that a repeated performance rating of needs improvement [D
148	148	or F or unacceptable] in one domain, particularly performance that
149	149	is not significantly improving, is reflected in the overall
150	150	performance rating of a district or campus and is not compensated
151	151	for by a performance rating of exemplary, recognized, or acceptable
152	152	[A, B, or C] in another domain.
153	153	(a-3) Not later than August 15 of each year, the performance
154	154	ratings of each district and campus shall be made publicly
155	155	available as provided by rules adopted under this section. If a
156	156	district or campus received an overall or domain performance rating
157	157	of needs improvement [D or F] for the preceding school year, the
158	158	commissioner shall notify the district of a subsequent such
159	159	designation on or before June 15.
160	160	SECTION 10. Section 39.0545(a), Education Code, is amended
161	161	to read as follows:
162	162	(a) Each school district shall evaluate the district's
163	163	performance and the performance of each campus in the district in
164	164	community and student engagement and in compliance as provided by
165	165	this section and assign the district and each campus a performance
166	166	rating of exemplary, recognized, acceptable, or needs improvement
167	167	[unacceptable] for both overall performance and each individual
168	168	evaluation factor listed under Subsection (b). Not later than
169	169	August 8 of each year, the district shall report each performance
170	170	rating to the agency and make the performance ratings publicly
171	171	available as provided by commissioner rule.
172	172	SECTION 11. Section 39.0546(b), Education Code, is amended
173	173	to read as follows:
174	174	(b) Based on the evaluation under this section, each school
175	175	district shall assign the district and each campus shall assign the
176	176	campus a performance rating of exemplary, recognized, acceptable,
177	177	or needs improvement [A, B, C, D, or F,] for both overall
178	178	performance and for each program or category evaluated. [An
179	179	overall or a program or category performance rating of A reflects
180	180	exemplary performance. An overall or a program or category
181	181	performance rating of B reflects recognized performance. An
182	182	overall or a program or category performance rating of C reflects
183	183	acceptable performance. An overall or a program or category
184	184	performance rating of D or F reflects unacceptable performance.]
185	185	SECTION 12. Section 39.106(e), Education Code, is amended
186	186	to read as follows:
187	187	(e) For each year a campus is assigned a needs improvement
188	188	[an unacceptable] performance rating, a campus intervention team
189	189	shall:
190	190	(1) continue to work with a campus until:
191	191	(A) the campus satisfies all performance
192	192	standards under Section 39.054(e) for a two-year period; or
193	193	(B) the campus satisfies all performance
194	194	standards under Section 39.054(e) for a one-year period and the
195	195	commissioner determines that the campus is operating and will
196	196	continue to operate in a manner that improves student achievement;
197	197	(2) assist in updating the targeted improvement plan
198	198	to identify and analyze areas of growth and areas that require
199	199	improvement; and
200	200	(3) submit each updated plan described by Subdivision
201	201	(2) to the board of trustees of the school district.
202	202	SECTION 13. Sections 39.107(a), (a-2), (b-4), (e), (f),
203	203	(g-1), and (k), Education Code, are amended to read as follows:
204	204	(a) After a campus has been identified as needs improvement
205	205	[unacceptable] for two consecutive school years, the commissioner
206	206	shall order the campus to prepare and submit a campus turnaround
207	207	plan. The commissioner shall by rule establish procedures
208	208	governing the time and manner in which the campus must submit the
209	209	campus turnaround plan.
210	210	(a-2) Before a campus turnaround plan is prepared and
211	211	submitted for approval to the board of trustees of the school
212	212	district, the district, in consultation with the campus
213	213	intervention team, shall:
214	214	(1) provide notice to parents, the community, and
215	215	stakeholders that the campus has received a needs improvement [an
216	216	academically unacceptable] performance rating for two consecutive
217	217	years and will be required to submit a campus turnaround plan; and
218	218	(2) request assistance from parents, the community,
219	219	and stakeholders in developing the campus turnaround plan.
220	220	(b-4) A campus turnaround plan developed under this section
221	221	must take effect not later than the school year following the third
222	222	consecutive school year that the campus has received a needs
223	223	improvement [an academically unacceptable] performance rating.
224	224	(e) If a campus is considered to have a needs improvement
225	225	[an unacceptable] performance rating for three consecutive school
226	226	years after the campus is ordered to submit a campus turnaround plan
227	227	under Subsection (a), the commissioner, subject to Subsection
228	228	(e-2), shall order:
229	229	(1) appointment of a board of managers to govern the
230	230	district as provided by Section 39.112(b); or
231	231	(2) closure of the campus.
232	232	(f) Notwithstanding Section 39.112(e), the commissioner may
233	233	remove a board of managers appointed to govern a district under this
234	234	section only if the campus that was the basis for the appointment of
235	235	the board of managers receives an academically acceptable
236	236	performance rating for two consecutive school years. If a campus
237	237	that was the basis for the appointment of a board of managers
238	238	receives a needs improvement [an academically unacceptable]
239	239	performance rating for two additional consecutive years following
240	240	the appointment of the board of managers, the commissioner may
241	241	remove the board of managers and, in consultation with the local
242	242	community, may appoint a new board of managers to govern the
243	243	district.
244	244	(g-1) If the commissioner orders alternative management of
245	245	a campus under Subsection (d)(2), the school district shall execute
246	246	a contract with a managing entity for a term not to exceed five
247	247	years. The commissioner may require a district to extend the term
248	248	of the contract if the commissioner determines that extending the
249	249	contract on expiration of the initial term is in the best interest
250	250	of the students attending the campus. The terms of the contract
251	251	must be approved by the commissioner. If a campus receives a needs
252	252	improvement [an academically unacceptable] performance rating for
253	253	two consecutive school years after the managing entity assumes
254	254	management of the campus, the commissioner shall cancel the
255	255	contract with the managing entity.
256	256	(k) To qualify for consideration as a managing entity under
257	257	this section, the entity must submit a proposal that provides
258	258	information relating to the entity's management and leadership team
259	259	that will participate in management of the campus under
260	260	consideration, including information relating to individuals that
261	261	have:
262	262	(1) documented success in whole school interventions
263	263	that increased the educational and performance levels of students
264	264	in campuses considered to have a needs improvement [an
265	265	unacceptable] performance rating;
266	266	(2) a proven record of effectiveness with programs
267	267	assisting low-performing students;
268	268	(3) a proven ability to apply research-based school
269	269	intervention strategies;
270	270	(4) a proven record of financial ability to perform
271	271	under the management contract; and
272	272	(5) any other experience or qualifications the
273	273	commissioner determines necessary.
274	274	SECTION 14. Sections 39.1071(b) and (d), Education Code,
275	275	are amended to read as follows:
276	276	(b) If a campus described under Subsection (a) receives an
277	277	academically unacceptable performance rating for the 2016-2017
278	278	school year and a needs improvement performance rating for the
279	279	2017-2018 school year [years], the commissioner shall apply the
280	280	interventions and sanctions authorized by Section 39.107(e) to the
281	281	campus.
282	282	(d) If a campus described under Subsection (c) receives an
283	283	academically unacceptable performance rating for the 2016-2017
284	284	school year and a needs improvement performance rating for the[,]
285	285	2017-2018[,] and 2018-2019 school years, the commissioner shall
286	286	apply the interventions and sanctions authorized by Section
287	287	39.107(e) to the campus.
288	288	SECTION 15. Section 39.306(a), Education Code, is amended
289	289	to read as follows:
290	290	(a) Each board of trustees shall publish an annual report
291	291	describing the educational performance of the district and of each
292	292	campus in the district that includes uniform student performance
293	293	and descriptive information as determined under rules adopted by
294	294	the commissioner. The annual report must also include:
295	295	(1) campus performance objectives established under
296	296	Section 11.253 and the progress of each campus toward those
297	297	objectives, which shall be available to the public;
298	298	(2) information indicating the district's
299	299	accreditation status and identifying each district campus awarded a
300	300	distinction designation under Subchapter G or considered a needs
301	301	improvement [an unacceptable] campus under Subchapter E;
302	302	(3) the district's current special education
303	303	compliance status with the agency;
304	304	(4) a statement of the number, rate, and type of
305	305	violent or criminal incidents that occurred on each district
306	306	campus, to the extent permitted under the Family Educational Rights
307	307	and Privacy Act of 1974 (20 U.S.C. Section 1232g);
308	308	(5) information concerning school violence prevention
309	309	and violence intervention policies and procedures that the district
310	310	is using to protect students;
311	311	(6) the findings that result from evaluations
312	312	conducted under programs or activities to support safe and healthy
313	313	students authorized under 20 U.S.C. Section 7118 [the Safe and
314	314	Drug-Free Schools and Communities Act of 1994 (20 U.S.C. Section
315	315	7101 et seq.)]; and
316	316	(7) information received under Section 51.403(e) for
317	317	each high school campus in the district, presented in a form
318	318	determined by the commissioner.
319	319	SECTION 16. Section 39.333, Education Code, is amended to
320	320	read as follows:
321	321	Sec. 39.333. REGIONAL AND DISTRICT LEVEL REPORT. As part of
322	322	the comprehensive biennial report under Section 39.332, the agency
323	323	shall submit a regional and district level report covering the
324	324	preceding two school years and containing:
325	325	(1) a summary of school district compliance with the
326	326	student/teacher ratios and class-size limitations prescribed by
327	327	Sections 25.111 and 25.112, including:
328	328	(A) the number of campuses and classes at each
329	329	campus granted an exception from Section 25.112; and
330	330	(B) for each campus granted an exception from
331	331	Section 25.112, a statement of whether the campus has been awarded a
332	332	distinction designation under Subchapter G or has been identified
333	333	as a needs improvement [an unacceptable] campus under Subchapter E;
334	334	(2) a summary of the exemptions and waivers granted to
335	335	campuses and school districts under Section 7.056 or 39.232 and a
336	336	review of the effectiveness of each campus or district following
337	337	deregulation;
338	338	(3) an evaluation of the performance of the system of
339	339	regional education service centers based on the indicators adopted
340	340	under Section 8.101 and client satisfaction with services provided
341	341	under Subchapter B, Chapter 8;
342	342	(4) an evaluation of accelerated instruction programs
343	343	offered under Section 28.006, including an assessment of the
344	344	quality of such programs and the performance of students enrolled
345	345	in such programs; and
346	346	(5) the number of classes at each campus that are
347	347	currently being taught by individuals who are not certified in the
348	348	content areas of their respective classes.
349	349	SECTION 17. Section 39.361, Education Code, is amended to
350	350	read as follows:
351	351	Sec. 39.361. NOTICE IN STUDENT GRADE REPORT. The first
352	352	written notice of a student's performance that a school district
353	353	gives during a school year as required by Section 28.022(a)(2) must
354	354	include:
355	355	(1) a statement of whether the campus at which the
356	356	student is enrolled has been awarded a distinction designation
357	357	under Subchapter G or has been identified as a needs improvement [an
358	358	unacceptable] campus under Subchapter E; and
359	359	(2) an explanation of the significance of the
360	360	information provided under Subdivision (1).
361	361	SECTION 18. Section 39.363, Education Code, is amended to
362	362	read as follows:
363	363	Sec. 39.363. NOTICE ON AGENCY WEBSITE. Not later than
364	364	October 1 of each year, the agency shall make the following
365	365	information available to the public on the agency's Internet
366	366	website:
367	367	(1) the [letter] performance rating assigned to each
368	368	school district and campus under Section 39.054 and each
369	369	distinction designation awarded to a school district or campus
370	370	under Subchapter G;
371	371	(2) the performance rating assigned to a school
372	372	district and each campus in the district by the district under
373	373	Section 39.0545; and
374	374	(3) the financial accountability rating assigned to
375	375	each school district and open-enrollment charter school under
376	376	Section 39.082.
377	377	SECTION 19. This Act takes effect September 1, 2017.