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3 | 3 | | |
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4 | 4 | | R E S O L U T I O N |
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5 | 5 | | BE IT RESOLVED by the House of Representatives of the State of |
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6 | 6 | | Texas, 85th Legislature, Regular Session, 2017, That House Rule 13, |
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7 | 7 | | Section 9(a), be suspended in part as provided by House Rule 13, |
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8 | 8 | | Section 9(f), to enable the conference committee appointed to |
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9 | 9 | | resolve the differences on House Bill 22 (public school |
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10 | 10 | | accountability) to consider and take action on the following |
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11 | 11 | | matters: |
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12 | 12 | | (1) House Rule 13, Section 9(a)(3), is suspended to permit |
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13 | 13 | | the committee to add text on a matter that is not in disagreement in |
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14 | 14 | | proposed SECTION 8 of the bill, in added Section 39.053(c-3), |
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15 | 15 | | Education Code, to read as follows: |
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16 | 16 | | (c-3) Any standard for improvement determined by the |
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17 | 17 | | commissioner as described by Subsection (c)(2)(A) must allow for |
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18 | 18 | | appropriately crediting a student for growth if the student |
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19 | 19 | | performs at the highest achievement standard in the previous and |
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20 | 20 | | current school year. |
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21 | 21 | | Explanation: The addition is necessary to provide an |
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22 | 22 | | appropriate standard for measuring student growth in performance on |
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23 | 23 | | assessment instruments. |
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24 | 24 | | (2) House Rule 13, Section 9(a)(3), is suspended to permit |
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25 | 25 | | the committee to add text on a matter that is not in disagreement in |
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26 | 26 | | proposed SECTION 10 of the bill, in amended Section 39.054(a), |
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27 | 27 | | Education Code, by adding a sentence referencing added Section |
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28 | 28 | | 39.0544, Education Code, to read as follows: |
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29 | 29 | | (a) The commissioner shall adopt rules to evaluate school |
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30 | 30 | | district and campus performance and assign each district and campus |
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31 | 31 | | an overall performance rating of A, B, C, D, or F. In addition to |
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32 | 32 | | the overall performance rating, the commissioner shall assign each |
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33 | 33 | | district and campus a separate domain performance rating of A, B, C, |
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34 | 34 | | D, or F for each domain under Section 39.053(c) [Sections |
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35 | 35 | | 39.053(c)(1)-(4)]. An overall or domain performance rating of A |
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36 | 36 | | reflects exemplary performance. An overall or domain performance |
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37 | 37 | | rating of B reflects recognized performance. An overall or domain |
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38 | 38 | | performance rating of C reflects acceptable performance. An |
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39 | 39 | | overall or domain performance rating of D reflect performance that |
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40 | 40 | | needs improvement. An overall or domain performance rating of [or] |
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41 | 41 | | F reflects unacceptable performance. A district may not receive an |
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42 | 42 | | overall or domain performance rating of A if the district includes |
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43 | 43 | | any campus with a corresponding overall or domain performance |
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44 | 44 | | rating of D or F. If a school district has been approved under |
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45 | 45 | | Section 39.0544 to assign campus performance ratings and the |
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46 | 46 | | commissioner has not assigned a campus an overall performance |
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47 | 47 | | rating of D or F, the commissioner shall assign the campus an |
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48 | 48 | | overall performance rating based on the school district assigned |
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49 | 49 | | performance rating under Section 39.0544. A reference in law to an |
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50 | 50 | | acceptable rating or acceptable performance includes an overall or |
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51 | 51 | | domain performance rating of A, B, [or] C, or D or performance that |
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52 | 52 | | is exemplary, recognized, or acceptable performance or performance |
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53 | 53 | | that needs improvement. |
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54 | 54 | | Explanation: The addition is necessary to incorporate the |
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55 | 55 | | local accountability system as a component in assigning performance |
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56 | 56 | | ratings. |
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57 | 57 | | (3) House Rule 13, Section 9(a)(3), is suspended to permit |
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58 | 58 | | the committee to add text on a matter that is not in disagreement in |
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59 | 59 | | proposed SECTION 10 of the bill, in amended Section 39.054(a-2), |
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60 | 60 | | Education Code, by adding a reference to added Section 39.0544, |
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61 | 61 | | Education Code, to read as follows: |
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62 | 62 | | (a-2) The commissioner by rule may [shall] adopt procedures |
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63 | 63 | | to ensure that a repeated performance rating of D or F or |
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64 | 64 | | unacceptable in one domain, particularly performance that is not |
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65 | 65 | | significantly improving, is reflected in the overall performance |
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66 | 66 | | rating of a district or campus under Section 39.0544 and is not |
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67 | 67 | | compensated for by a performance rating of A, B, or C in another |
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68 | 68 | | domain. |
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69 | 69 | | Explanation: The addition is necessary to provide a |
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70 | 70 | | reference to the local accountability system. |
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71 | 71 | | (4) House Rule 13, Sections 9(a)(2) and (4), are suspended |
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72 | 72 | | to permit the committee to omit text that amended Section 39.0546, |
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73 | 73 | | Education Code, relating to performance in community and student |
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74 | 74 | | engagement as a component of district and campus rating, on a matter |
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75 | 75 | | that is not in disagreement, and add text on a matter that is not |
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76 | 76 | | included in either the house or senate version of the bill by |
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77 | 77 | | repealing in SECTION 19 of the bill Section 39.0546, Education |
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78 | 78 | | Code. |
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79 | 79 | | Explanation: The change is necessary to repeal Section |
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80 | 80 | | 39.0546, Education Code, which is no longer necessary with the |
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81 | 81 | | addition of the local accountability system. |
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82 | 82 | | (5) House Rule 13, Section 9(a)(3), is suspended to permit |
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83 | 83 | | the committee to add text on a matter that is not in disagreement in |
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84 | 84 | | proposed SECTION 14 of the bill, in added Section 39.0544, |
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85 | 85 | | Education Code, to read as follows: |
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86 | 86 | | Sec. 39.0544. LOCAL ACCOUNTABILITY SYSTEM. (a) The |
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87 | 87 | | commissioner shall adopt rules regarding the assignment of campus |
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88 | 88 | | performance ratings by school districts and open-enrollment |
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89 | 89 | | charter schools. The rules: |
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90 | 90 | | (1) must require a district or school, in assigning an |
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91 | 91 | | overall performance rating for a campus, to incorporate: |
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92 | 92 | | (A) domain performance ratings assigned by the |
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93 | 93 | | commissioner under Section 39.054; and |
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94 | 94 | | (B) performance ratings based on locally |
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95 | 95 | | developed domains or sets of accountability measures; |
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96 | 96 | | (2) may permit a district or school to assign weights |
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97 | 97 | | to each domain or set of accountability measures described in |
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98 | 98 | | Subdivision (1), as determined by the district or school, provided |
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99 | 99 | | that the domains specified in Subdivision (1)(A) must in the |
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100 | 100 | | aggregate account for at least 50 percent of the overall |
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101 | 101 | | performance rating; |
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102 | 102 | | (3) must require that each locally developed domain or |
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103 | 103 | | set of accountability measures: |
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104 | 104 | | (A) contain levels of performance that allow for |
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105 | 105 | | differentiation, with assigned standards for achieving the |
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106 | 106 | | differentiated levels; |
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107 | 107 | | (B) provide for the assignment of a letter grade |
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108 | 108 | | of A, B, C, D, or F; and |
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109 | 109 | | (C) meet standards for reliability and validity; |
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110 | 110 | | (4) must require that calculations for overall |
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111 | 111 | | performance ratings and each locally developed domain or set of |
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112 | 112 | | accountability measures be capable of being audited by a third |
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113 | 113 | | party; |
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114 | 114 | | (5) must require that a district or school produce a |
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115 | 115 | | campus score card that may be displayed on the agency's web site; |
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116 | 116 | | and |
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117 | 117 | | (6) must require that a district or school develop and |
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118 | 118 | | make available to the public an explanation of the methodology used |
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119 | 119 | | to assign performance ratings under this section. |
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120 | 120 | | (b) The commissioner shall develop a process to approve a |
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121 | 121 | | request by a school district or open-enrollment charter school to |
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122 | 122 | | assign campus performance ratings in accordance with this section. |
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123 | 123 | | Under that process, a district or school must obtain approval of a |
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124 | 124 | | local accountability plan submitted by the district or school to |
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125 | 125 | | the agency. A plan may be approved only if: |
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126 | 126 | | (1) after review, the agency determines the plan meets |
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127 | 127 | | the minimum requirements under this section and agency rule; |
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128 | 128 | | (2) at the commissioner's discretion, an audit |
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129 | 129 | | conducted by the agency verifies the calculations included in the |
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130 | 130 | | plan; and |
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131 | 131 | | (3) subject to Subsection (d), a review panel |
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132 | 132 | | appointed under Subsection (c) approves the plan. |
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133 | 133 | | (c) The commissioner shall appoint a review panel for |
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134 | 134 | | purposes of Subsection (b)(3) that includes a majority of members |
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135 | 135 | | who are superintendents or members of the board of trustees or |
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136 | 136 | | governing body of school districts or open-enrollment charter |
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137 | 137 | | schools with approved local accountability plans. |
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138 | 138 | | (d) The requirement under Subsection (b)(3) applies only |
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139 | 139 | | after performance ratings are issued in August 2019 and only if at |
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140 | 140 | | least 10 school districts or open-enrollment charter schools have |
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141 | 141 | | obtained approval of locally developed accountability plans. |
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142 | 142 | | (e) A school district or open-enrollment charter school |
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143 | 143 | | authorized under this section to assign campus performance ratings |
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144 | 144 | | shall evaluate the performance of each campus as provided by this |
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145 | 145 | | section and assign each campus a performance rating of A, B, C, D, |
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146 | 146 | | or F for overall performance and for each locally developed domain |
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147 | 147 | | or set of accountability measures. Not later than a date |
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148 | 148 | | established by the commissioner, the district or school shall: |
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149 | 149 | | (1) report the performance ratings to the agency; and |
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150 | 150 | | (2) make the performance ratings available to the |
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151 | 151 | | public as provided by commissioner rule. |
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152 | 152 | | Explanation: The addition is necessary to provide a method |
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153 | 153 | | to locally assess performance of campuses by school districts and |
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154 | 154 | | open-enrollment charter schools. |
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155 | 155 | | (6) House Rule 13, Section 9(a)(4), is suspended to permit |
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156 | 156 | | the committee to add text on a matter that is not included in either |
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157 | 157 | | the house or senate version of the bill in proposed SECTION 19 of |
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158 | 158 | | the bill by repealing Section 39.054(c), Education Code, as |
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159 | 159 | | effective September 1, 2017. |
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160 | 160 | | Explanation: The addition is necessary to repeal Section |
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161 | 161 | | 39.054(c), Education Code, which is no longer necessary under the |
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162 | 162 | | modified performance evaluation system. |
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163 | 163 | | (7) House Rule 13, Section 9(a)(4), is suspended to permit |
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164 | 164 | | the committee to add text on a matter that is not included in either |
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165 | 165 | | the house or senate version of the bill in proposed SECTION 19 of |
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166 | 166 | | the bill by repealing Section 39.0545, Education Code. |
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167 | 167 | | Explanation: The addition is necessary to repeal Section |
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168 | 168 | | 39.0545, Education Code, which is no longer necessary with the |
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169 | 169 | | addition of the local accountability system. |
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170 | 170 | | (8) House Rule 13, Section 9(a)(4), is suspended to permit |
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171 | 171 | | the committee to add text on a matter that is not included in either |
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172 | 172 | | the house or senate version of the bill in proposed SECTION 20 of |
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173 | 173 | | the bill to read as follows: |
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174 | 174 | | SECTION 20. If H.B. 1500, 85th Legislature, Regular |
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175 | 175 | | Session, 2017, becomes law, that law has no effect. |
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176 | 176 | | Explanation: The addition is necessary to avoid a conflict |
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177 | 177 | | in law. |
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