Texas 2017 - 85th Regular

Texas Senate Bill SB2051 Compare Versions

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	1	+	85R10198 CAE-F
1	2		By: Taylor of Galveston S.B. No. 2051
2		-	(In the Senate - Filed March 10, 2017; March 28, 2017, read
3		-	first time and referred to Committee on Education; May 15, 2017,
4		-	reported adversely, with favorable Committee Substitute by the
5		-	following vote: Yeas 11, Nays 0; May 15, 2017, sent to printer.)
6		-	Click here to see the committee vote
7		-	COMMITTEE SUBSTITUTE FOR S.B. No. 2051 By: Bettencourt
8	3
9	4
10	5		A BILL TO BE ENTITLED
11	6		AN ACT
12	7		relating to evaluating public school performance.
13	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	9		SECTION 1. Section 11.252(a), Education Code, is amended to
15	10		read as follows:
16	11		(a) Each school district shall have a district improvement
17	12		plan that is developed, evaluated, and revised annually, in
18	13		accordance with district policy, by the superintendent with the
19	14		assistance of the district-level committee established under
20	15		Section 11.251. The purpose of the district improvement plan is to
21	16		guide district and campus staff in the improvement of student
22	17		performance for all student groups in order to attain state
23	18		standards in respect to the achievement indicators adopted under
24	19		Section 39.053(c) [Sections 39.053(c)(1)-(4)]. The district
25	20		improvement plan must include provisions for:
26	21		(1) a comprehensive needs assessment addressing
27	22		district student performance on the achievement indicators, and
28	23		other appropriate measures of performance, that are disaggregated
29	24		by all student groups served by the district, including categories
30	25		of ethnicity, socioeconomic status, sex, and populations served by
31	26		special programs, including students in special education programs
32	27		under Subchapter A, Chapter 29;
33	28		(2) measurable district performance objectives for
34	29		all appropriate achievement indicators for all student
35	30		populations, including students in special education programs
36	31		under Subchapter A, Chapter 29, and other measures of student
37	32		performance that may be identified through the comprehensive needs
38	33		assessment;
39	34		(3) strategies for improvement of student performance
40	35		that include:
41	36		(A) instructional methods for addressing the
42	37		needs of student groups not achieving their full potential;
43	38		(B) methods for addressing the needs of students
44	39		for special programs, including:
45	40		(i) suicide prevention programs, in
46	41		accordance with Subchapter O-1, Chapter 161, Health and Safety
47	42		Code, which includes a parental or guardian notification procedure;
48	43		(ii) conflict resolution programs;
49	44		(iii) violence prevention programs; and
50	45		(iv) dyslexia treatment programs;
51	46		(C) dropout reduction;
52	47		(D) integration of technology in instructional
53	48		and administrative programs;
54	49		(E) discipline management;
55	50		(F) staff development for professional staff of
56	51		the district;
57	52		(G) career education to assist students in
58	53		developing the knowledge, skills, and competencies necessary for a
59	54		broad range of career opportunities; and
60	55		(H) accelerated education;
61	56		(4) strategies for providing to middle school, junior
62	57		high school, and high school students, those students' teachers and
63	58		school counselors, and those students' parents information about:
64	59		(A) higher education admissions and financial
65	60		aid opportunities;
66	61		(B) the TEXAS grant program and the Teach for
67	62		Texas grant program established under Chapter 56;
68	63		(C) the need for students to make informed
69	64		curriculum choices to be prepared for success beyond high school;
70	65		and
71	66		(D) sources of information on higher education
72	67		admissions and financial aid;
73	68		(5) resources needed to implement identified
74	69		strategies;
75	70		(6) staff responsible for ensuring the accomplishment
76	71		of each strategy;
77	72		(7) timelines for ongoing monitoring of the
78	73		implementation of each improvement strategy;
79	74		(8) formative evaluation criteria for determining
80	75		periodically whether strategies are resulting in intended
81	76		improvement of student performance; and
82	77		(9) the policy under Section 38.0041 addressing sexual
83	78		abuse and other maltreatment of children.
84	79		SECTION 2. Section 11.253(c), Education Code, is amended to
85	80		read as follows:
86	81		(c) Each school year, the principal of each school campus,
87	82		with the assistance of the campus-level committee, shall develop,
88	83		review, and revise the campus improvement plan for the purpose of
89	84		improving student performance for all student populations,
90	85		including students in special education programs under Subchapter
91	86		A, Chapter 29, with respect to the achievement indicators adopted
92	87		under Section 39.053(c) [Sections 39.053(c)(1)-(4)] and any other
93	88		appropriate performance measures for special needs populations.
94	89		SECTION 3. Section 12.1013(c), Education Code, is amended
95	90		to read as follows:
96	91		(c) The report must include the performance of each public
97	92		school in each class described by Subsection (b) as measured by the
98	93		achievement indicators adopted under Section 39.053(c) [Sections
99	94		39.053(c)(1)-(4)] and student attrition rates.
100	95		SECTION 4. Section 29.062(a), Education Code, is amended to
101	96		read as follows:
102	97		(a) The legislature recognizes that compliance with this
103	98		subchapter is an imperative public necessity. Therefore, in
104	99		accordance with the policy of the state, the agency shall evaluate
105	100		the effectiveness of programs under this subchapter based on the
106	101		achievement indicators adopted under Section 39.053(c) [Sections
107	102		39.053(c)(1)-(4)], including the results of assessment
108	103		instruments. The agency may combine evaluations under this section
109	104		with federal accountability measures concerning students of
110	105		limited English proficiency.
111	106		SECTION 5. Section 29.202(a), Education Code, is amended to
112	107		read as follows:
113	108		(a) A student is eligible to receive a public education
114	109		grant or to attend another public school in the district in which
115	110		the student resides under this subchapter if the student is
116		-	assigned to attend a public school campus ~~issued an unacceptable~~
117		-	performance rating made ~~publicly available under Section 39.054[:~~
118		-	[~~(1)~~ at which 50 percent or ~~more of the students did~~
119		-	not perform satisfactorily on an ~~assessment instrument~~
120		-	administered under Section 39.023(a) or (c) ~~in any two of the~~
121		-	preceding three years; or
	111	+	assigned to attend a public school campus[:
	112	+	[(1)] issued an unacceptable performance rating made
	113	+	publicly available under Section 39.054 [at which 50 percent or
	114	+	more of the students did not perform satisfactorily on an
	115	+	assessment instrument administered under Section 39.023(a) or (c)
	116	+	in any two of the preceding three years; or
122	117		[(2) that, at any time in the preceding three years,
123	118		failed to satisfy any standard under Section 39.054(e)].
124		-	SECTION 6. Chapter 39, Education Code, is amended by adding
125		-	Subchapter A to read as follows:
126		-	SUBCHAPTER A. GENERAL PROVISIONS
127		-	Sec. 39.001. RULES. The commissioner may adopt rules as
	119	+	SECTION 6. Subchapter B, Chapter 39, Education Code, is
	120	+	amended by adding Section 39.0211 to read as follows:
	121	+	Sec. 39.0211. RULES. The commissioner may adopt rules as
128	122		necessary to administer this chapter.
129		-	Sec. 39.002. ADVISORY COMMITTEE. An advisory committee
130		-	appointed under this chapter is not subject to Chapter 2110,
131		-	Government Code.
132	123		SECTION 7. Section 39.052(b), Education Code, is amended to
133	124		read as follows:
134	125		(b) In determining the accreditation status of a school
135	126		district, the commissioner:
136	127		(1) shall evaluate and consider:
137	128		(A) performance on achievement indicators
138	129		described by Section 39.053 [39.053(c)]; and
139	130		(B) performance under the financial
140	131		accountability rating system developed under Subchapter D; and
141	132		(2) may evaluate and consider:
142	133		(A) the district's compliance with statutory
143	134		requirements and requirements imposed by rule of the commissioner
144	135		or State Board of Education under specific statutory authority that
145	136		relate to:
146	137		(i) reporting data through the Public
147	138		Education Information Management System (PEIMS) or other reports
148	139		required by state or federal law or court order;
149	140		(ii) the high school graduation
150	141		requirements under Section 28.025; or
151	142		(iii) an item listed under Sections
152	143		7.056(e)(3)(C)-(I) that applies to the district;
153	144		(B) the effectiveness of the district's programs
154	145		for special populations; and
155	146		(C) the effectiveness of the district's career
156	147		and technology program.
157	148		SECTION 8. Section 39.053, Education Code, is amended by
158	149		amending Subsections (a), (a-1), (b), (c), (d-1), (f), (g), (g-1),
159	150		(g-2), and (i) and adding Subsection (c-3) to read as follows:
160	151		(a) The commissioner shall adopt a set of indicators,
161	152		including indicators under Subsection (c), of the quality of
162	153		learning and achievement. The commissioner [biennially] shall
163	154		periodically review the indicators for the consideration of
164	155		appropriate revisions.
165	156		(a-1) The indicators adopted by the commissioner under
166	157		Subsection (a)[, including the indicators identified under
167	158		Subsection (c),] must measure and evaluate school districts and
168	159		campuses with respect to:
169	160		(1) improving student preparedness for success in:
170	161		(A) subsequent grade levels; and
171	162		(B) entering the workforce, the military, or
172	163		postsecondary education;
173	164		(2) reducing, with the goal of eliminating, student
174	165		academic achievement differentials among students from different
175	166		racial and ethnic groups and socioeconomic backgrounds; and
176	167		(3) informing parents and the community regarding
177	168		campus and district performance [in the domains described by
178	169		Subsection (c) and, for the domain described by Subsection (c)(5),
179	170		in accordance with local priorities and preferences].
180	171		(b) Performance on the achievement indicators adopted under
181		-	Subsections (c)(1), (2), (3), and (4)(B) and (C) [(c)(1)-(4)] shall
182		-	be compared to state-established standards. The indicators in
183		-	Subsection (c)(3) must be based on information that is
184		-	disaggregated by race, ethnicity, and socioeconomic status.
	172	+	Subsections (c)(1), (2), and (3)(B) and (C) [(c)(1)-(4)] shall be
	173	+	compared to state-established standards. To the extent feasible,
	174	+	the [The] indicators should allow for disaggregation [must be based
	175	+	on information that is disaggregated] by race, ethnicity, and
	176	+	socioeconomic status.
185	177		(c) School districts and campuses must be evaluated based on
186		-	~~four~~ [five] domains of indicators of achievement adopted ~~under this~~
187		-	section that include:
	178	+	at least three [five] domains of indicators of achievement adopted
	179	+	under this section that include:
188	180		(1) in the student achievement [first] domain,
189	181		indicators of student achievement that may include [the results
190	182		of]:
191	183		(A) for evaluating the performance of districts
192	184		and campuses generally:
193	185		(i) an indicator that accounts for the
194	186		results of assessment instruments required under Sections
195	187		39.023(a), (c), and (l), as applicable for the district and campus,
196	188		including the results of assessment instruments required for
197	189		graduation retaken by a student, aggregated across grade levels by
198	190		subject area, including:
199	191		(a) [(i)] for the performance
200	192		standard determined by the commissioner under Section 39.0241(a),
201	193		the percentage of students who performed satisfactorily on the
202	194		assessment instruments, aggregated across grade levels by subject
203	195		area; and
204	196		(b) [(ii)] for the college readiness
205	197		performance standard as determined under Section 39.0241, the
206	198		percentage of students who performed satisfactorily on the
207	199		assessment instruments, aggregated across grade levels by subject
208	200		area; and
209	201		(ii) an indicator that accounts for the
210	202		results of [(B)] assessment instruments required under Section
211	203		39.023(b), as applicable for the district and campus, [aggregated
212	204		across grade levels by subject area,] including the percentage of
213	205		students who performed satisfactorily on the assessment
214	206		instruments, as determined by the performance standard adopted by
215	207		the agency, aggregated across grade levels by subject area; and
216	208		(B) for evaluating the performance of high school
217	209		campuses and districts that include high school campuses,
218	210		indicators that account for:
219	211		(i) students who satisfy the Texas Success
220	212		Initiative (TSI) college readiness benchmarks prescribed by the
221	213		Texas Higher Education Coordinating Board under Section 51.3062(f)
222	214		on an assessment instrument in reading or mathematics designated by
223	215		the Texas Higher Education Coordinating Board under Section
224	216		51.3062(c);
225	217		(ii) students who satisfy relevant
226	218		performance standards on advanced placement tests or similar
227	219		assessments;
228	220		(iii) students who earn dual course credits
229	221		in the dual credit courses;
230	222		(iv) students who enlist in the armed
231	223		forces of the United States;
232	224		(v) students who earn industry
233	225		certifications;
234	226		(vi) students admitted into postsecondary
235	227		industry certification programs that require as a prerequisite for
236	228		entrance successful performance at the secondary level;
237	229		(vii) students whose successful completion
238	230		of a course or courses under Section 28.014 indicates the student's
239	231		preparation to enroll and succeed, without remediation, in an
240	232		entry-level general education course for a baccalaureate degree or
241		-	associate degree;
	233	+	associate degree; and
242	234		(viii) students who successfully met
243	235		standards on a composite of indicators that through research
244	236		indicates the student's preparation to enroll and succeed, without
245	237		remediation, in an entry-level general education course for a
246	238		baccalaureate degree or associate degree; and
247	239		(ix) high school graduation rates, computed
248	240		in accordance with standards and definitions adopted in compliance
249	241		with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.)
250	242		subject to the exclusions provided by Subsections (g), (g-1),
251	243		(g-2), and (g-3);
252	244		(2) in the school performance [second] domain,
253	245		indicators of student performance, which may include:
254	246		(A) for assessment instruments, including
255	247		assessment instruments under Subdivisions (1)(A)(i) and (ii)
256	248		[Subdivision (1)(A):
257	249		[(i) for the performance standard
258	250		determined by the commissioner under Section 39.0241(a)], the
259	251		percentage of students who met the standard for [annual]
260	252		improvement [on the assessment instruments,] as determined by the
261	253		commissioner [by rule or by the method for measuring annual
262	254		improvement under Section 39.034, aggregated across grade levels by
263	255		subject area; and
264	256		[(ii) for the college readiness performance
265	257		standard as determined under Section 39.0241, the percentage of
266	258		students who met the standard for annual improvement on the
267	259		assessment instruments, as determined by the commissioner by rule
268	260		or by the method for measuring annual improvement under Section
269	261		39.034, aggregated across grade levels by subject area]; and
270	262		(B) for overall student performance, the
271	263		performance of districts or campuses compared to similar districts
272	264		or campuses [for assessment instruments under Subdivision (1)(B),
273	265		the percentage of students who met the standard for annual
274	266		improvement on the assessment instruments, as determined by the
275	267		commissioner by rule or by the method for measuring annual
276	268		improvement under Section 39.034, aggregated across grade levels by
277		-	subject area];
278		-	(3) in the closing-the-gaps [third] domain, the
279		-	student academic achievement differentials among students,
280		-	including the differentials among students from different racial
281		-	and ethnic groups and socioeconomic backgrounds;
	269	+	subject area;
	270	+	[(3) in the third domain, the student academic
	271	+	achievement differentials among students from different racial and
	272	+	ethnic groups and socioeconomic backgrounds;
282	273		[(4) in the fourth domain:
283	274		[(A) for evaluating the performance of high
284	275		school campuses and districts that include high school campuses:
285	276		[(i) dropout rates, including dropout rates
286	277		and district completion rates for grade levels 9 through 12,
287	278		computed in accordance with standards and definitions adopted by
288	279		the National Center for Education Statistics of the United States
289	280		Department of Education;
290	281		[(ii) high school graduation rates,
291	282		computed in accordance with standards and definitions adopted in
292	283		compliance with the No Child Left Behind Act of 2001 (20 U.S.C.
293	284		Section 6301 et seq.);
294	285		[(iii) the percentage of students who
295	286		successfully completed the curriculum requirements for the
296	287		distinguished level of achievement under the foundation high school
297	288		program;
298	289		[(iv) the percentage of students who
299	290		successfully completed the curriculum requirements for an
300	291		endorsement under Section 28.025(c-1);
301	292		[(v) the percentage of students who
302	293		completed a coherent sequence of career and technical courses;
303	294		[(vi) the percentage of students who
304	295		satisfy the Texas Success Initiative (TSI) college readiness
305	296		benchmarks prescribed by the Texas Higher Education Coordinating
306	297		Board under Section 51.3062(f) on an assessment instrument in
307	298		reading, writing, or mathematics designated by the Texas Higher
308	299		Education Coordinating Board under Section 51.3062(c);
309	300		[(vii) the percentage of students who earn
310	301		at least 12 hours of postsecondary credit required for the
311	302		foundation high school program under Section 28.025 or to earn an
312	303		endorsement under Section 28.025(c-1);
313	304		[(viii) the percentage of students who have
314	305		completed an advanced placement course;
315	306		[(ix) the percentage of students who enlist
316	307		in the armed forces of the United States; and
317	308		[(x) the percentage of students who earn an
318	309		industry certification;
319	310		[(B) for evaluating the performance of middle and
320	311		junior high school and elementary school campuses and districts
321	312		that include those campuses:
322	313		[(i) student attendance; and
323	314		[(ii) for middle and junior high school
324	315		campuses:
325	316		[(a) dropout rates, computed in the
326	317		manner described by Paragraph (A)(i); and
327	318		[(b) the percentage of students in
328	319		grades seven and eight who receive instruction in preparing for
329	320		high school, college, and a career that includes information
330	321		regarding the creation of a high school personal graduation plan
331	322		under Section 28.02121, the distinguished level of achievement
332	323		described by Section 28.025(b-15), each endorsement described by
333	324		Section 28.025(c-1), college readiness standards, and potential
334	325		career choices and the education needed to enter those careers; and
335	326		[(C) any additional indicators of student
336	327		achievement not associated with performance on standardized
337	328		assessment instruments determined appropriate for consideration by
338	329		the commissioner in consultation with educators, parents, business
339		-	and industry representatives, and employers;] and
340		-	(4) [(5)] in the school climate [fifth] domain,
	330	+	and industry representatives, and employers]; and
	331	+	(3) [(5)] in the school climate [fifth] domain,
341	332		indicators of school climate, which may include:
342	333		(A) three programs or specific categories of
343	334		performance related to community and student engagement locally
344	335		selected and evaluated as provided by Section 39.0546;
345	336		(B) the percentage of students who successfully
346	337		complete varied, rigorous, and relevant curricular options that
347	338		lead to postsecondary success, including successfully completing
348	339		advanced placement courses or other similar courses; and
349	340		(C) the percentage of students who successfully
350		-	complete a coherent sequence of:
351		-	(i) career and technical courses that lead
352		-	to industry certifications or college credit; or
353		-	(ii) fine arts courses.
	341	+	complete a coherent sequence of career and technical courses that
	342	+	lead to industry certifications or college credit.
354	343		(c-3) For purposes of Subsection (c), the commissioner, to
355	344		the extent feasible, shall determine a method by which the
356	345		performance of students who have been continuously enrolled in a
357	346		school district or at a district campus, as applicable, as
358	347		determined by continuous enrollment criteria established by the
359	348		commissioner, shall be given greater weight in determining the
360	349		overall and domain performance rating of the district or campus
361	350		under Section 39.054 than the performance of students who do not
362	351		meet the continuous enrollment criteria established by the
363	352		commissioner.
364	353		(d-1) In aggregating results of assessment instruments
365	354		across grade levels by subject in accordance with Subsections
366	355		[Subsection] (c)(1)(A)(i) and (ii), the performance of a student
367	356		enrolled below the high school level on an assessment instrument
368	357		required under Section 39.023(c) is included with results relating
369	358		to other students enrolled at the same grade level.
370	359		(f) Annually, the commissioner shall define the state
371	360		standard for the current school year for each achievement indicator
372	361		adopted under this section. In consultation with educators,
373	362		parents, and business and industry representatives, as necessary,
374	363		the commissioner shall establish and modify standards to
375	364		continuously improve student performance to achieve the goals of
376	365		eliminating achievement gaps based on race, ethnicity, and
377	366		socioeconomic status and to ensure Texas is a national leader in
378	367		preparing students for postsecondary success [described by
379	368		Subsections (c)(1)-(4) and shall project the state standards for
380	369		each indicator for the following two school years. The
381	370		commissioner shall periodically raise the state standards for the
382	371		college readiness achievement indicator described by Subsection
383	372		(c)(1)(A)(ii) for accreditation as necessary to reach the goals of
384	373		achieving, by not later than the 2019-2020 school year:
385	374		[(1) student performance in this state, disaggregated
386	375		by race, ethnicity, and socioeconomic status, that ranks nationally
387	376		in the top 10 states in terms of college readiness; and
388	377		[(2) student performance with no significant
389	378		achievement gaps by race, ethnicity, and socioeconomic status].
390	379		(g) In computing [defining the required state standard for
391	380		the] dropout and completion rates such as high school graduation
392	381		rates under Subsection (c)(1)(B)(ix) [rate indicator described by
393	382		Subsections (c)(4)(A)(i) and (B)(ii)(a)], the commissioner may not
394	383		consider as a dropout a student whose failure to attend school
395	384		results from:
396	385		(1) the student's expulsion under Section 37.007; and
397	386		(2) as applicable:
398	387		(A) adjudication as having engaged in delinquent
399	388		conduct or conduct indicating a need for supervision, as defined by
400	389		Section 51.03, Family Code; or
401	390		(B) conviction of and sentencing for an offense
402	391		under the Penal Code.
403	392		(g-1) In computing dropout and completion rates such as high
404	393		school graduation rates under Subsection (c)(1)(B)(ix)
405	394		[Subsections (c)(4)(A)(i) and (B)(ii)(a)], the commissioner shall
406	395		exclude:
407	396		(1) students who are ordered by a court to attend a
408	397		high school equivalency certificate program but who have not yet
409	398		earned a high school equivalency certificate;
410	399		(2) students who were previously reported to the state
411	400		as dropouts, including a student who is reported as a dropout,
412	401		reenrolls, and drops out again, regardless of the number of times of
413	402		reenrollment and dropping out;
414	403		(3) students in attendance who are not in membership
415	404		for purposes of average daily attendance;
416	405		(4) students whose initial enrollment in a school in
417	406		the United States in grades 7 through 12 was as unschooled refugees
418	407		or asylees as defined by Section 39.027(a-1);
419	408		(5) students who are in the district exclusively as a
420	409		function of having been detained at a county detention facility but
421	410		are otherwise not students of the district in which the facility is
422	411		located; and
423	412		(6) students who are incarcerated in state jails and
424	413		federal penitentiaries as adults and as persons certified to stand
425	414		trial as adults.
426	415		(g-2) In computing completion rates such as high school
427	416		graduation rates under Subsection (c)(1)(B)(ix) [(c)(2)], the
428	417		commissioner shall exclude students who:
429	418		(1) are at least 18 years of age as of September 1 of
430	419		the school year as reported for the fall semester Public Education
431	420		Information Management System (PEIMS) submission and have
432	421		satisfied the credit requirements for high school graduation;
433	422		(2) have not completed their individualized education
434	423		program under 19 T.A.C. Section 89.1070(b)(2) and the Individuals
435	424		with Disabilities Education Act (20 U.S.C. Section 1400 et seq.);
436	425		and
437	426		(3) are enrolled and receiving individualized
438	427		education program services.
439	428		(i) Each school district shall submit the data required for
440	429		the indicators adopted under this section to the [The] commissioner
441	430		[by rule shall adopt accountability measures to be used in
442	431		assessing the progress of students who have failed to perform
443	432		satisfactorily as determined by the commissioner under Section
444	433		39.0241(a) or under the college readiness standard as determined
445	434		under Section 39.0241 in the preceding school year on an assessment
446	435		instrument required under Section 39.023(a), (c), or (l)].
447		-	SECTION 9. Subchapter C, Chapter 39, Education Code, is
448		-	amended by adding Section 39.0533 to read as follows:
449		-	Sec. 39.0533. EXTRACURRICULAR AND COCURRICULAR STUDENT
450		-	ACTIVITY INDICATOR. (a) The commissioner shall study the
451		-	feasibility of incorporating for evaluating school district and
452		-	campus performance under this subchapter an indicator that accounts
453		-	for extracurricular and cocurricular student activity. If the
454		-	commissioner determines that an extracurricular and cocurricular
455		-	student activity indicator is appropriate, the commissioner may
456		-	adopt the indicator.
457		-	(b) To determine the feasibility of adopting an indicator
458		-	under this section, the commissioner may require a school district
459		-	or campus to report requested information relating to
460		-	extracurricular and cocurricular student activity.
461		-	(c) The commissioner may establish an advisory committee to
462		-	assist in determining the feasibility of incorporating an
463		-	extracurricular and cocurricular student activity indicator for
464		-	evaluating school district and campus performance.
465		-	(d) Not later than December 1, 2022, the commissioner shall
466		-	report to the legislature on the feasibility of incorporating an
467		-	extracurricular and cocurricular student activity indicator,
468		-	unless the commissioner adopts an indicator under this section
469		-	before that date.
470		-	(e) This section expires September 1, 2023.
471		-	SECTION 10. Sections 39.054(a), (a-1), (a-2), (a-3), and
472		-	(e), Education Code, as effective on September 1, 2017, are amended
473		-	to read as follows:
	436	+	SECTION 9. Sections 39.054(a), (a-1), (a-2), (a-3), (c),
	437	+	and (e), Education Code, as effective on September 1, 2017, are
	438	+	amended to read as follows:
474	439		(a) The commissioner shall adopt rules to evaluate school
475	440		district and campus performance and assign each district and campus
476	441		an overall performance rating of A, B, C, D, or F. In addition to the
477	442		overall performance rating, the commissioner shall assign each
478	443		district and campus a separate domain performance rating of A, B, C,
479	444		D, or F for each domain under Section 39.053(c) [Sections
480	445		39.053(c)(1)-(4)]. An overall or domain performance rating of A
481	446		reflects exemplary performance. An overall or domain performance
482	447		rating of B reflects recognized performance. An overall or domain
483	448		performance rating of C reflects acceptable performance. An
484	449		overall or domain performance rating of D or F reflects
485	450		unacceptable performance. A district may not receive an overall or
486	451		domain performance rating of A if the district includes any campus
487	452		with a corresponding overall or domain performance rating of D or F.
488	453		A reference in law to an acceptable rating or acceptable
489	454		performance includes an overall or domain performance rating of A,
490	455		B, or C or exemplary, recognized, or acceptable performance.
491	456		(a-1) For purposes of assigning a domain [an overall]
492	457		performance rating under Subsection (a) for the school climate
493	458		domain, the commissioner shall attribute 50[:
494	459		[(1) 55] percent of the domain performance rating
495	460		[evaluation] to the achievement indicator [indicators for the
496		-	first, second, and third domains] under Section 39.053(c)(4)(A)
	461	+	first, second, and third domains] under Section 39.053(c)(3)(A)
497	462		[Sections 39.053(c)(1)-(3);
498	463		[(2) for middle and junior high school and elementary
499	464		campuses and districts that include only those campuses, 35 percent
500	465		of the performance evaluation to the applicable achievement
501	466		indicators for the fourth domain under Section 39.053(c)(4);
502	467		[(3) for high school campuses and districts that
503	468		include those campuses:
504	469		[(A) 10 percent of the performance evaluation to
505	470		the high school graduation rate achievement indicator described by
506	471		Section 39.053(c)(4)(A)(ii); and
507	472		[(B) 25 percent to the remaining applicable
508	473		achievement indicators for the fourth domain under Section
509	474		39.053(c)(4); and
510	475		[(4) 10 percent of the performance evaluation to the
511	476		locally selected and evaluated achievement indicators provided for
512	477		under the fifth domain under Section 39.053(c)(5)].
513	478		(a-2) The commissioner by rule may [shall] adopt procedures
514	479		to ensure that a repeated performance rating of D or F or
515	480		unacceptable in one domain, particularly performance that is not
516	481		significantly improving, is reflected in the overall performance
517	482		rating of a district or campus and is not compensated for by a
518	483		performance rating of A, B, or C in another domain.
519	484		(a-3) Not later than August 15 of each year, the performance
520	485		ratings of each district and campus shall be made publicly
521	486		available as provided by rules adopted under this section. [If a
522	487		district or campus received an overall or domain performance rating
523	488		of D or F for the preceding school year, the commissioner shall
524	489		notify the district of a subsequent such designation on or before
525	490		June 15.]
	491	+	(c) In evaluating school district and campus performance
	492	+	[on the achievement indicators for student performance on
	493	+	assessment instruments adopted under Sections 39.053(c)(1) and (2)
	494	+	and the dropout rate indicator adopted] under Subsection (a)
	495	+	[Sections 39.053(c)(4)(A)(i) and (B)(ii)(a)], the commissioner
	496	+	shall determine a method by which the overall performance rating of
	497	+	a school district or campus is adjusted to more accurately reflect
	498	+	the overall performance of the district or campus if the
	499	+	performance of the district or campus on the performance indicators
	500	+	for a domain disaggregated by race, ethnicity, socioeconomic
	501	+	status, or other factors does not meet the standards established
	502	+	[define acceptable performance as meeting the state standard
	503	+	determined] by the commissioner [under Section 39.053(f) for the
	504	+	current school year based on:
	505	+	[(1) student performance in the current school year;
	506	+	or
	507	+	[(2) student performance as averaged over the current
	508	+	school year and the preceding two school years].
526	509		(e) Each annual performance review under this section shall
527	510		include an analysis of the achievement indicators adopted under
528	511		Section 39.053, including Subsection (c) of that section, [Sections
529	512		39.053(c)(1)-(4)] to determine school district and campus
530	513		performance in relation to standards established for each
531	514		indicator.
532		-	SECTION 11. Section 39.054(f), Education Code, as effective
	515	+	SECTION 10. Section 39.054(f), Education Code, as effective
533	516		September 1, 2017, is transferred to Section 39.053, Education
534	517		Code, redesignated as Section 39.053(g-3), Education Code, and
535	518		amended to read as follows:
536	519		(g-3) [(f)] In the computation of dropout and completion
537	520		rates such as high school graduation rates under Subsection
538	521		(c)(1)(B)(ix) [Sections 39.053(c)(4)(A)(i) and (B)(ii)(a)], a
539	522		student who is released from a juvenile pre-adjudication secure
540	523		detention facility or juvenile post-adjudication secure
541	524		correctional facility and fails to enroll in school or a student who
542	525		leaves a residential treatment center after receiving treatment for
543	526		fewer than 85 days and fails to enroll in school may not be
544	527		considered to have dropped out from the school district or campus
545	528		serving the facility or center unless that district or campus is the
546	529		one to which the student is regularly assigned. The agency may not
547	530		limit an appeal relating to dropout computations under this
548	531		subsection.
549		-	SECTION 12. Subchapter C, Chapter 39, Education Code, is
	532	+	SECTION 11. Subchapter C, Chapter 39, Education Code, is
550	533		amended by adding Section 39.0541 to read as follows:
551	534		Sec. 39.0541. ADOPTION OF INDICATORS AND STANDARDS. The
552	535		commissioner may adopt indicators and standards under this
553	536		subchapter at any time during a school year before the evaluation of
554	537		a school district or campus.
555		-	SECTION 13. Section 39.0546(a), Education Code, is amended
	538	+	SECTION 12. Section 39.0546(a), Education Code, is amended
556	539		to read as follows:
557	540		(a) For purposes of including the local evaluation of
558		-	districts and campuses under Section 39.053(c)(4)(A)
	541	+	districts and campuses under Section 39.053(c)(3)(A)
559	542		[39.053(c)(5)] and assigning an overall rating under Section
560	543		39.054, before the beginning of each school year:
561	544		(1) each school district shall:
562	545		(A) select and report to the agency three
563	546		programs or categories under Section 39.0545(b)(1)[, as added by
564	547		Chapter 211 (H.B. 5), Acts of the 83rd Legislature, Regular
565	548		Session, 2013,] under which the district will evaluate district
566	549		performance;
567	550		(B) submit to the agency the criteria the
568	551		district will use to evaluate district performance and assign the
569	552		district a performance rating; and
570	553		(C) make the information described by Paragraphs
571	554		(A) and (B) available on the district's Internet website; and
572	555		(2) each campus shall:
573	556		(A) select and report to the agency three
574	557		programs or categories under Section 39.0545(b)(1)[, as added by
575	558		Chapter 211 (H.B. 5), Acts of the 83rd Legislature, Regular
576	559		Session, 2013,] under which the campus will evaluate campus
577	560		performance;
578	561		(B) submit to the agency the criteria the campus
579	562		will use to evaluate campus performance and assign the campus a
580	563		performance rating; and
581	564		(C) make the information described by Paragraphs
582	565		(A) and (B) available on the Internet website of the campus.
583		-	SECTION 14. Sections 39.0548(b), (c), and (d), Education
	566	+	SECTION 13. Sections 39.0548(b), (c), and (d), Education
584	567		Code, are amended to read as follows:
585	568		(b) Notwithstanding Section 39.053(c)(1)(B)(ix)
586	569		[39.053(c)(4)(A)(i)], the commissioner shall use the alternative
587	570		completion rate under this subsection to determine the graduation
588	571		[dropout] rate indicator under Section 39.053(c)(1)(B)(ix)
589	572		[39.053(c)(4)(A)(i)] for a dropout recovery school. The
590	573		alternative completion rate shall be the ratio of the total number
591	574		of students who graduate, continue attending school into the next
592	575		academic year, or receive a high school equivalency certificate to
593	576		the total number of students in the longitudinal cohort of
594	577		students.
595	578		(c) Notwithstanding Section 39.053(c)(1)(B)(ix)
596	579		[39.053(c)(4)(A)(i)], in determining the performance rating under
597	580		Section 39.054 of a dropout recovery school, the commissioner shall
598	581		include any student described by Section 39.053(g-1) who graduates
599	582		or receives a high school equivalency certificate.
600	583		(d) Notwithstanding Section 39.053(c), for purposes of
601	584		evaluating a dropout recovery school under the accountability
602	585		procedures adopted by the commissioner to determine the performance
603	586		rating of the school under Section 39.054,[:
604	587		[(1)] only the best result from the primary
605	588		administration or any retake of an assessment instrument
606	589		administered to a student in the school year evaluated may be
607	590		considered[; and
608	591		[(2) only a student enrolled continuously for at least
609	592		90 days during the school year evaluated may be considered].
610		-	SECTION 15. Section 39.055, Education Code, is amended to
	593	+	SECTION 14. Section 39.055, Education Code, is amended to
611	594		read as follows:
612	595		Sec. 39.055. STUDENT ORDERED BY A JUVENILE COURT OR STUDENT
613	596		IN RESIDENTIAL FACILITY NOT CONSIDERED FOR ACCOUNTABILITY
614	597		PURPOSES. Notwithstanding any other provision of this code except
615	598		to the extent otherwise provided under Section 39.053(g-3)
616	599		[39.054(f)], for purposes of determining the performance of a
617	600		school district, campus, or open-enrollment charter school under
618	601		this chapter, a student ordered by a juvenile court into a
619	602		residential program or facility operated by or under contract with
620	603		the Texas Juvenile Justice Department, a juvenile board, or any
621	604		other governmental entity or any student who is receiving treatment
622	605		in a residential facility is not considered to be a student of the
623	606		school district in which the program or facility is physically
624		-	located or of an open-enrollment charter school, as ~~applicable.~~
625		-	The performance of such a student on an assessment ~~instrument or~~
626		-	other achievement indicator adopted under Section ~~39.053 or~~
627		-	reporting indicator adopted under Section 39.301 shall be
	607	+	located or of an open-enrollment charter school, as
	608	+	applicable. The performance of such a student on an assessment
	609	+	instrument or other achievement indicator adopted under Section
	610	+	39.053 or reporting indicator adopted under Section 39.301 shall be
628	611		determined, reported, and considered separately from the
629	612		performance of students attending a school of the district in which
630	613		the program or facility is physically located or an open-enrollment
631	614		charter school, as applicable.
632		-	SECTION 16. Subchapter E, Chapter 39, Education Code, is
633		-	amended by adding Section 39.118 to read as follows:
634		-	Sec. 39.118. INTERVENTIONS AND SANCTIONS OF INCREASED
635		-	SEVERITY FOR CERTAIN DISTRICTS AND CAMPUSES. (a) The commissioner
636		-	shall adopt rules to impose interventions and sanctions of
637		-	increased severity applicable only to a school district or campus
638		-	that is assigned a performance rating of F under Section 39.054.
639		-	(b) The commissioner may not adopt a rule under this section
640		-	that conflicts with the imposition of a specific intervention or
641		-	sanction required by law.
642		-	SECTION 17. Section 39.301(b), Education Code, is amended
	615	+	SECTION 15. Section 39.301(b), Education Code, is amended
643	616		to read as follows:
644	617		(b) Performance on the indicators adopted under this
645	618		section shall be evaluated in the same manner provided for
646	619		evaluation of the achievement indicators under Sections
647		-	39.053(c)(1), (2), (3), and (4)(B) and (C) [39.053(c)(1)-(4)].
648		-	SECTION 18. Effective September 1, 2017, Section 39.054(c),
649		-	Education Code, as effective September 1, 2017, is repealed.
650		-	SECTION 19. This Act applies beginning with the 2017-2018
	620	+	39.053(c)(1), (2), and (3)(B) and (C) [39.053(c)(1)-(4)].
	621	+	SECTION 16. This Act applies beginning with the 2017-2018
651	622		school year.
652		-	SECTION 20. Except as otherwise provided by this Act, this
	623	+	SECTION 17. Except as otherwise provided by this Act, this
653	624		Act takes effect immediately if it receives a vote of two-thirds of
654	625		all the members elected to each house, as provided by Section 39,
655	626		Article III, Texas Constitution. If this Act does not receive the
656	627		vote necessary for immediate effect, this Act takes effect
657	628		September 1, 2017.
658		-	* * * * *