H.R. No. 2637
R E S O L U T I O N
BE IT RESOLVED by the House of Representatives of the State of
Texas, 85th Legislature, Regular Session, 2017, That House Rule 13,
Section 9(a), be suspended in part as provided by House Rule 13,
Section 9(f), to enable the conference committee appointed to
resolve the differences on House Bill 22 (public school
accountability) to consider and take action on the following
matters:
(1) House Rule 13, Section 9(a)(3), is suspended to permit
the committee to add text on a matter that is not in disagreement in
proposed SECTION 8 of the bill, in added Section 39.053(c-3),
Education Code, to read as follows:
(c-3) Any standard for improvement determined by the
commissioner as described by Subsection (c)(2)(A) must allow for
appropriately crediting a student for growth if the student
performs at the highest achievement standard in the previous and
current school year.
Explanation: The addition is necessary to provide an
appropriate standard for measuring student growth in performance on
assessment instruments.
(2) House Rule 13, Section 9(a)(3), is suspended to permit
the committee to add text on a matter that is not in disagreement in
proposed SECTION 10 of the bill, in amended Section 39.054(a),
Education Code, by adding a sentence referencing added Section
39.0544, Education Code, 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 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 Section 39.053(c) [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 reflect performance that
needs improvement. An overall or domain performance rating of [or]
F reflects unacceptable performance. A district may not receive 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. If a school district has been approved under
Section 39.0544 to assign campus performance ratings and the
commissioner has not assigned a campus an overall performance
rating of D or F, the commissioner shall assign the campus an
overall performance rating based on the school district assigned
performance rating under Section 39.0544. A reference in law to an
acceptable rating or acceptable performance includes an overall or
domain performance rating of A, B, [or] C, or D or performance that
is exemplary, recognized, or acceptable performance or performance
that needs improvement.
Explanation: The addition is necessary to incorporate the
local accountability system as a component in assigning performance
ratings.
(3) House Rule 13, Section 9(a)(3), is suspended to permit
the committee to add text on a matter that is not in disagreement in
proposed SECTION 10 of the bill, in amended Section 39.054(a-2),
Education Code, by adding a reference to added Section 39.0544,
Education Code, to read as follows:
(a-2) The commissioner by rule may [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 under Section 39.0544 and is not
compensated for by a performance rating of A, B, or C in another
domain.
Explanation: The addition is necessary to provide a
reference to the local accountability system.
(4) House Rule 13, Sections 9(a)(2) and (4), are suspended
to permit the committee to omit text that amended Section 39.0546,
Education Code, relating to performance in community and student
engagement as a component of district and campus rating, on a matter
that is not in disagreement, and add text on a matter that is not
included in either the house or senate version of the bill by
repealing in SECTION 19 of the bill Section 39.0546, Education
Code.
Explanation: The change is necessary to repeal Section
39.0546, Education Code, which is no longer necessary with the
addition of the local accountability system.
(5) House Rule 13, Section 9(a)(3), is suspended to permit
the committee to add text on a matter that is not in disagreement in
proposed SECTION 14 of the bill, in added Section 39.0544,
Education Code, to read as follows:
Sec. 39.0544. LOCAL ACCOUNTABILITY SYSTEM. (a) The
commissioner shall adopt rules regarding the assignment of campus
performance ratings by school districts and open-enrollment
charter schools. The rules:
(1) must require a district or school, in assigning an
overall performance rating for a campus, to incorporate:
(A) domain performance ratings assigned by the
commissioner under Section 39.054; and
(B) performance ratings based on locally
developed domains or sets of accountability measures;
(2) may permit a district or school to assign weights
to each domain or set of accountability measures described in
Subdivision (1), as determined by the district or school, provided
that the domains specified in Subdivision (1)(A) must in the
aggregate account for at least 50 percent of the overall
performance rating;
(3) must require that each locally developed domain or
set of accountability measures:
(A) contain levels of performance that allow for
differentiation, with assigned standards for achieving the
differentiated levels;
(B) provide for the assignment of a letter grade
of A, B, C, D, or F; and
(C) meet standards for reliability and validity;
(4) must require that calculations for overall
performance ratings and each locally developed domain or set of
accountability measures be capable of being audited by a third
party;
(5) must require that a district or school produce a
campus score card that may be displayed on the agency's web site;
and
(6) must require that a district or school develop and
make available to the public an explanation of the methodology used
to assign performance ratings under this section.
(b) The commissioner shall develop a process to approve a
request by a school district or open-enrollment charter school to
assign campus performance ratings in accordance with this section.
Under that process, a district or school must obtain approval of a
local accountability plan submitted by the district or school to
the agency. A plan may be approved only if:
(1) after review, the agency determines the plan meets
the minimum requirements under this section and agency rule;
(2) at the commissioner's discretion, an audit
conducted by the agency verifies the calculations included in the
plan; and
(3) subject to Subsection (d), a review panel
appointed under Subsection (c) approves the plan.
(c) The commissioner shall appoint a review panel for
purposes of Subsection (b)(3) that includes a majority of members
who are superintendents or members of the board of trustees or
governing body of school districts or open-enrollment charter
schools with approved local accountability plans.
(d) The requirement under Subsection (b)(3) applies only
after performance ratings are issued in August 2019 and only if at
least 10 school districts or open-enrollment charter schools have
obtained approval of locally developed accountability plans.
(e) A school district or open-enrollment charter school
authorized under this section to assign campus performance ratings
shall evaluate the performance of each campus as provided by this
section and assign each campus a performance rating of A, B, C, D,
or F for overall performance and for each locally developed domain
or set of accountability measures. Not later than a date
established by the commissioner, the district or school shall:
(1) report the performance ratings to the agency; and
(2) make the performance ratings available to the
public as provided by commissioner rule.
Explanation: The addition is necessary to provide a method
to locally assess performance of campuses by school districts and
open-enrollment charter schools.
(6) House Rule 13, Section 9(a)(4), is suspended to permit
the committee to add text on a matter that is not included in either
the house or senate version of the bill in proposed SECTION 19 of
the bill by repealing Section 39.054(c), Education Code, as
effective September 1, 2017.
Explanation: The addition is necessary to repeal Section
39.054(c), Education Code, which is no longer necessary under the
modified performance evaluation system.
(7) House Rule 13, Section 9(a)(4), is suspended to permit
the committee to add text on a matter that is not included in either
the house or senate version of the bill in proposed SECTION 19 of
the bill by repealing Section 39.0545, Education Code.
Explanation: The addition is necessary to repeal Section
39.0545, Education Code, which is no longer necessary with the
addition of the local accountability system.
(8) House Rule 13, Section 9(a)(4), is suspended to permit
the committee to add text on a matter that is not included in either
the house or senate version of the bill in proposed SECTION 20 of
the bill to read as follows:
SECTION 20. If H.B. 1500, 85th Legislature, Regular
Session, 2017, becomes law, that law has no effect.
Explanation: The addition is necessary to avoid a conflict
in law.
Huberty
______________________________
Speaker of the House
I certify that H.R. No. 2637 was adopted by the House on May
28, 2017, by the following vote: Yeas 136, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House