Texas 2017 - 85th Regular

Texas Senate Bill SB1173 Compare Versions

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Version 2 (New)

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1		-	By: Perry S.B. No. 1173
2		-	(In the Senate - Filed March 1, 2017; March 9, 2017, read
3		-	first time and referred to Committee on Education; May 15, 2017,
4		-	reported favorably by the following vote: Yeas 11, Nays 0;
5		-	May 15, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	By: Perry, Hall S.B. No. 1173
7	2
8	3
9	4		A BILL TO BE ENTITLED
10	5		AN ACT
11	6		relating to evaluation of public school performance.
12	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	8		SECTION 1. Sections 39.053(c), (g), (g-1), and (g-2),
14	9		Education Code, are amended to read as follows:
15	10		(c) School districts and campuses must be evaluated based on
16	11		the following [five] domains of indicators of achievement adopted
17	12		under this section, of which the first, second, third, and fifth
18	13		apply to middle and junior high school and elementary school
19	14		campuses and districts that include those campuses and all of which
20	15		apply to high school campuses and districts that include those
21	16		campuses [that include]:
22	17		(1) in the first domain, the results of:
23	18		(A) assessment instruments required under
24	19		Sections 39.023(a), (c), and (l), including the results of
25	20		assessment instruments required for graduation retaken by a
26	21		student, aggregated across grade levels by subject area, including:
27	22		(i) for the performance standard determined
28	23		by the commissioner under Section 39.0241(a), the percentage of
29	24		students who performed satisfactorily on the assessment
30	25		instruments, aggregated across grade levels by subject area; and
31	26		(ii) for the college readiness performance
32	27		standard as determined under Section 39.0241, the percentage of
33	28		students who performed satisfactorily on the assessment
34	29		instruments, aggregated across grade levels by subject area; and
35	30		(B) assessment instruments required under
36	31		Section 39.023(b), aggregated across grade levels by subject area,
37	32		including the percentage of students who performed satisfactorily
38	33		on the assessment instruments, as determined by the performance
39	34		standard adopted by the agency, aggregated across grade levels by
40	35		subject area;
41	36		(2) in the second domain:
42	37		(A) for assessment instruments under Subdivision
43	38		(1)(A):
44	39		(i) for the performance standard determined
45	40		by the commissioner under Section 39.0241(a), the percentage of
46	41		students who met the standard for annual improvement on the
47	42		assessment instruments, as determined by the commissioner by rule
48	43		or by the method for measuring annual improvement under Section
49	44		39.034, aggregated across grade levels by subject area; and
50	45		(ii) for the college readiness performance
51	46		standard as determined under Section 39.0241, the percentage of
52	47		students who met the standard for annual improvement on the
53	48		assessment instruments, as determined by the commissioner by rule
54	49		or by the method for measuring annual improvement under Section
55	50		39.034, aggregated across grade levels by subject area; and
56	51		(B) for assessment instruments under Subdivision
57	52		(1)(B), the percentage of students who met the standard for annual
58	53		improvement on the assessment instruments, as determined by the
59	54		commissioner by rule or by the method for measuring annual
60	55		improvement under Section 39.034, aggregated across grade levels by
61	56		subject area;
62	57		(3) in the third domain, the student academic
63	58		achievement differentials among students from different racial and
64	59		ethnic groups and socioeconomic backgrounds;
65	60		(4) in the fourth domain,[:
66	61		[(A)] for evaluating the performance of high
67	62		school campuses and districts that include high school campuses:
68	63		(A) [(i)] dropout rates, including dropout rates
69	64		and district completion rates for grade levels 9 through 12,
70	65		computed in accordance with standards and definitions adopted by
71	66		the National Center for Education Statistics of the United States
72	67		Department of Education;
73	68		(B) [(ii)] high school graduation rates,
74	69		computed in accordance with standards and definitions adopted in
75	70		compliance with the Every Student Succeeds Act [No Child Left
76	71		Behind Act of 2001] (20 U.S.C. Section 6301 et seq.);
77	72		(C) [(iii)] the percentage of students who
78	73		successfully completed the curriculum requirements for the
79	74		distinguished level of achievement under the foundation high school
80	75		program;
81	76		(D) [(iv)] the percentage of students who
82	77		successfully completed the curriculum requirements for an
83	78		endorsement under Section 28.025(c-1);
84	79		(E) [(v)] the percentage of students who
85	80		completed a coherent sequence of career and technical courses;
86	81		(F) [(vi)] the percentage of students who
87	82		satisfy the Texas Success Initiative (TSI) college readiness
88	83		benchmarks prescribed by the Texas Higher Education Coordinating
89	84		Board under Section 51.3062(f) on an assessment instrument in
90	85		reading, writing, or mathematics designated by the Texas Higher
91	86		Education Coordinating Board under Section 51.3062(c);
92	87		(G) [(vii)] the percentage of students who earn
93	88		at least 12 hours of postsecondary credit required for the
94	89		foundation high school program under Section 28.025 or to earn an
95	90		endorsement under Section 28.025(c-1);
96	91		(H) [(viii)] the percentage of students who have
97	92		completed an advanced placement course;
98	93		(I) [(ix)] the percentage of students who enlist
99	94		in the armed forces of the United States; [and]
100	95		(J) [(x)] the percentage of students who earn an
101	96		industry certification;
102	97		[(B) for evaluating the performance of middle and
103	98		junior high school and elementary school campuses and districts
104	99		that include those campuses:
105	100		[(i) student attendance; and
106	101		[(ii) for middle and junior high school
107	102		campuses:
108	103		[(a) dropout rates, computed in the
109	104		manner described by Paragraph (A)(i); and
110	105		[(b) the percentage of students in
111	106		grades seven and eight who receive instruction in preparing for
112	107		high school, college, and a career that includes information
113	108		regarding the creation of a high school personal graduation plan
114	109		under Section 28.02121, the distinguished level of achievement
115	110		described by Section 28.025(b-15), each endorsement described by
116	111		Section 28.025(c-1), college readiness standards, and potential
117	112		career choices and the education needed to enter those careers;]
118	113		and
119	114		(K) [(C)] any additional indicators of
120	115		secondary-level student achievement not associated with
121	116		performance on standardized assessment instruments determined
122	117		appropriate for consideration by the commissioner in consultation
123	118		with educators, parents, business and industry representatives,
124	119		and employers; and
125	120		(5) in the fifth domain, three programs or specific
126	121		categories of performance related to community and student
127	122		engagement locally selected and evaluated as provided by Section
128	123		39.0546.
129	124		(g) In defining the required state standard for the dropout
130	125		rate indicator described by Subsection (c)(4)(A) [Subsections
131	126		(c)(4)(A)(i) and (B)(ii)(a)], the commissioner may not consider as
132	127		a dropout a student whose failure to attend school results from:
133	128		(1) the student's expulsion under Section 37.007; and
134	129		(2) as applicable:
135	130		(A) adjudication as having engaged in delinquent
136	131		conduct or conduct indicating a need for supervision, as defined by
137	132		Section 51.03, Family Code; or
138	133		(B) conviction of and sentencing for an offense
139	134		under the Penal Code.
140	135		(g-1) In computing dropout and completion rates under
141	136		Subsection (c)(4)(A) [Subsections (c)(4)(A)(i) and (B)(ii)(a)],
142	137		the commissioner shall exclude:
143	138		(1) students who are ordered by a court to attend a
144	139		high school equivalency certificate program but who have not yet
145	140		earned a high school equivalency certificate;
146	141		(2) students who were previously reported to the state
147	142		as dropouts, including a student who is reported as a dropout,
148	143		reenrolls, and drops out again, regardless of the number of times of
149	144		reenrollment and dropping out;
150	145		(3) students in attendance who are not in membership
151	146		for purposes of average daily attendance;
152	147		(4) students whose initial enrollment in a school in
153	148		the United States in grades 7 through 12 was as unschooled refugees
154	149		or asylees as defined by Section 39.027(a-1);
155	150		(5) students who are in the district exclusively as a
156	151		function of having been detained at a county detention facility but
157	152		are otherwise not students of the district in which the facility is
158	153		located; and
159	154		(6) students who are incarcerated in state jails and
160	155		federal penitentiaries as adults and as persons certified to stand
161	156		trial as adults.
162	157		(g-2) In computing completion rates under Subsection
163	158		(c)(4)(A) [(c)(2)], the commissioner shall exclude students who:
164	159		(1) are at least 18 years of age as of September 1 of
165	160		the school year as reported for the fall semester Public Education
166	161		Information Management System (PEIMS) submission and have
167	162		satisfied the credit requirements for high school graduation;
168	163		(2) have not completed their individualized education
169	164		program under 19 T.A.C. Section 89.1070(b)(2) and the Individuals
170	165		with Disabilities Education Act (20 U.S.C. Section 1400 et seq.);
171	166		and
172	167		(3) are enrolled and receiving individualized
173	168		education program services.
174	169		SECTION 2. Sections 39.054(a), (a-1), (c), and (e),
175	170		Education Code, as effective September 1, 2017, are amended to read
176	171		as follows:
177	172		(a) The commissioner shall adopt rules to evaluate school
178	173		district and campus performance and assign each district and campus
179	174		an overall performance rating of A, B, C, D, or F. In addition to
180	175		the overall performance rating, the commissioner shall assign each
181	176		district and campus a separate domain performance rating of A, B, C,
182	177		D, or F for each applicable domain under Sections 39.053(c)(1)-(4).
183	178		An overall or domain performance rating of A reflects exemplary
184	179		performance. An overall or domain performance rating of B reflects
185	180		recognized performance. An overall or domain performance rating of
186	181		C reflects acceptable performance. An overall or domain
187	182		performance rating of D or F reflects unacceptable performance. A
188	183		district may not receive an overall or domain performance rating of
189	184		A if the district includes any campus with a corresponding overall
190	185		or domain performance rating of D or F. A reference in law to an
191	186		acceptable rating or acceptable performance includes an overall or
192	187		domain performance rating of A, B, or C or exemplary, recognized, or
193	188		acceptable performance.
194	189		(a-1) For purposes of assigning an overall performance
195	190		rating under Subsection (a), the commissioner shall attribute:
196	191		(1) 55 percent of the performance evaluation to the
197	192		achievement indicators for the first, second, and third domains
198	193		under Sections 39.053(c)(1)-(3);
199	194		(2) for middle and junior high school and elementary
200	195		campuses and districts that include only those campuses, an
201	196		additional 35 percent of the performance evaluation to the
202	197		[applicable] achievement indicators for the first, second, and
203	198		third domains under Sections 39.053(c)(1)-(3) [fourth domain under
204	199		Section 39.053(c)(4)];
205	200		(3) for high school campuses and districts that
206	201		include those campuses:
207	202		(A) 10 percent of the performance evaluation to
208	203		the high school graduation rate achievement indicator described by
209	204		Section 39.053(c)(4)(B) [39.053(c)(4)(A)(ii)]; and
210	205		(B) 25 percent to the remaining applicable
211	206		achievement indicators for the fourth domain under Section
212	207		39.053(c)(4); and
213	208		(4) 10 percent of the performance evaluation to the
214	209		locally selected and evaluated achievement indicators provided for
215	210		under the fifth domain under Section 39.053(c)(5).
216	211		(c) In evaluating school district and campus performance on
217	212		the achievement indicators for student performance on assessment
218	213		instruments adopted under Sections 39.053(c)(1) and (2) and the
219	214		dropout rate indicator adopted under Section 39.053(c)(4)(A)
220	215		[Sections 39.053(c)(4)(A)(i) and (B)(ii)(a)], the commissioner
221	216		shall define acceptable performance as meeting the state standard
222	217		determined by the commissioner under Section 39.053(f) for the
223	218		current school year based on:
224	219		(1) student performance in the current school year; or
225	220		(2) student performance as averaged over the current
226	221		school year and the preceding two school years.
227	222		(e) Each annual performance review under this section shall
228	223		include an analysis of the applicable achievement indicators
229	224		adopted under Sections 39.053(c)(1)-(4) to determine school
230	225		district and campus performance in relation to standards
231	226		established for each indicator.
232	227		SECTION 3. Section 39.054(f), Education Code, as effective
233	228		September 1, 2017, is transferred to Section 39.053, Education
234	229		Code, redesignated as Section 39.053(g-3), Education Code, and
235	230		amended to read as follows:
236	231		(g-3) [(f)] In the computation of dropout rates under
237	232		Subsection (c)(4)(A) [Sections 39.053(c)(4)(A)(i) and (B)(ii)(a)],
238	233		a student who is released from a juvenile pre-adjudication secure
239	234		detention facility or juvenile post-adjudication secure
240	235		correctional facility and fails to enroll in school or a student who
241	236		leaves a residential treatment center after receiving treatment for
242	237		fewer than 85 days and fails to enroll in school may not be
243	238		considered to have dropped out from the school district or campus
244	239		serving the facility or center unless that district or campus is the
245	240		one to which the student is regularly assigned. The agency may not
246	241		limit an appeal relating to dropout computations under this
247	242		subsection.
248	243		SECTION 4. Sections 39.0548(b) and (c), Education Code, are
249	244		amended to read as follows:
250	245		(b) Notwithstanding Section 39.053(c)(4)(A)
251	246		[39.053(c)(4)(A)(i)], the commissioner shall use the alternative
252	247		completion rate under this subsection to determine the dropout rate
253	248		indicator under Section 39.053(c)(4)(A) [39.053(c)(4)(A)(i)] for a
254	249		dropout recovery school. The alternative completion rate shall be
255	250		the ratio of the total number of students who graduate, continue
256	251		attending school into the next academic year, or receive a high
257	252		school equivalency certificate to the total number of students in
258	253		the longitudinal cohort of students.
259	254		(c) Notwithstanding Section 39.053(c)(4)(A)
260	255		[39.053(c)(4)(A)(i)], in determining the performance rating under
261	256		Section 39.054 of a dropout recovery school, the commissioner shall
262	257		include any student described by Section 39.053(g-1) who graduates
263	258		or receives a high school equivalency certificate.
264	259		SECTION 5. Section 39.055, Education Code, is amended to
265	260		read as follows:
266	261		Sec. 39.055. STUDENT ORDERED BY A JUVENILE COURT OR STUDENT
267	262		IN RESIDENTIAL FACILITY NOT CONSIDERED FOR ACCOUNTABILITY
268	263		PURPOSES. Notwithstanding any other provision of this code except
269	264		to the extent otherwise provided under Section 39.053(g-3)
270	265		[39.054(f)], for purposes of determining the performance of a
271	266		school district, campus, or open-enrollment charter school under
272	267		this chapter, a student ordered by a juvenile court into a
273	268		residential program or facility operated by or under contract with
274	269		the Texas Juvenile Justice Department, a juvenile board, or any
275	270		other governmental entity or any student who is receiving treatment
276	271		in a residential facility is not considered to be a student of the
277	272		school district in which the program or facility is physically
278	273		located or of an open-enrollment charter school, as applicable.
279	274		The performance of such a student on an assessment instrument or
280	275		other achievement indicator adopted under Section 39.053 or
281	276		reporting indicator adopted under Section 39.301 shall be
282	277		determined, reported, and considered separately from the
283	278		performance of students attending a school of the district in which
284	279		the program or facility is physically located or an open-enrollment
285	280		charter school, as applicable.
286	281		SECTION 6. This Act applies beginning with the 2017-2018
287	282		school year.
288	283		SECTION 7. This Act takes effect immediately if it receives
289	284		a vote of two-thirds of all the members elected to each house, as
290	285		provided by Section 39, Article III, Texas Constitution. If this
291	286		Act does not receive the vote necessary for immediate effect, this
292	287		Act takes effect September 1, 2017.
293		-	* * * * *