By: Taylor of Galveston S.B. No. 2051
(In the Senate - Filed March 10, 2017; March 28, 2017, read
first time and referred to Committee on Education; May 15, 2017,
reported adversely, with favorable Committee Substitute by the
following vote: Yeas 11, Nays 0; May 15, 2017, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 2051 By: Bettencourt
A BILL TO BE ENTITLED
AN ACT
relating to evaluating public school performance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.252(a), Education Code, is amended to
read as follows:
(a) Each school district shall have a district improvement
plan that is developed, evaluated, and revised annually, in
accordance with district policy, by the superintendent with the
assistance of the district-level committee established under
Section 11.251. The purpose of the district improvement plan is to
guide district and campus staff in the improvement of student
performance for all student groups in order to attain state
standards in respect to the achievement indicators adopted under
Section 39.053(c) [Sections 39.053(c)(1)-(4)]. The district
improvement plan must include provisions for:
(1) a comprehensive needs assessment addressing
district student performance on the achievement indicators, and
other appropriate measures of performance, that are disaggregated
by all student groups served by the district, including categories
of ethnicity, socioeconomic status, sex, and populations served by
special programs, including students in special education programs
under Subchapter A, Chapter 29;
(2) measurable district performance objectives for
all appropriate achievement indicators for all student
populations, including students in special education programs
under Subchapter A, Chapter 29, and other measures of student
performance that may be identified through the comprehensive needs
assessment;
(3) strategies for improvement of student performance
that include:
(A) instructional methods for addressing the
needs of student groups not achieving their full potential;
(B) methods for addressing the needs of students
for special programs, including:
(i) suicide prevention programs, in
accordance with Subchapter O-1, Chapter 161, Health and Safety
Code, which includes a parental or guardian notification procedure;
(ii) conflict resolution programs;
(iii) violence prevention programs; and
(iv) dyslexia treatment programs;
(C) dropout reduction;
(D) integration of technology in instructional
and administrative programs;
(E) discipline management;
(F) staff development for professional staff of
the district;
(G) career education to assist students in
developing the knowledge, skills, and competencies necessary for a
broad range of career opportunities; and
(H) accelerated education;
(4) strategies for providing to middle school, junior
high school, and high school students, those students' teachers and
school counselors, and those students' parents information about:
(A) higher education admissions and financial
aid opportunities;
(B) the TEXAS grant program and the Teach for
Texas grant program established under Chapter 56;
(C) the need for students to make informed
curriculum choices to be prepared for success beyond high school;
and
(D) sources of information on higher education
admissions and financial aid;
(5) resources needed to implement identified
strategies;
(6) staff responsible for ensuring the accomplishment
of each strategy;
(7) timelines for ongoing monitoring of the
implementation of each improvement strategy;
(8) formative evaluation criteria for determining
periodically whether strategies are resulting in intended
improvement of student performance; and
(9) the policy under Section 38.0041 addressing sexual
abuse and other maltreatment of children.
SECTION 2. Section 11.253(c), Education Code, is amended to
read as follows:
(c) Each school year, the principal of each school campus,
with the assistance of the campus-level committee, shall develop,
review, and revise the campus improvement plan for the purpose of
improving student performance for all student populations,
including students in special education programs under Subchapter
A, Chapter 29, with respect to the achievement indicators adopted
under Section 39.053(c) [Sections 39.053(c)(1)-(4)] and any other
appropriate performance measures for special needs populations.
SECTION 3. Section 12.1013(c), Education Code, is amended
to read as follows:
(c) The report must include the performance of each public
school in each class described by Subsection (b) as measured by the
achievement indicators adopted under Section 39.053(c) [Sections
39.053(c)(1)-(4)] and student attrition rates.
SECTION 4. Section 29.062(a), Education Code, is amended to
read as follows:
(a) The legislature recognizes that compliance with this
subchapter is an imperative public necessity. Therefore, in
accordance with the policy of the state, the agency shall evaluate
the effectiveness of programs under this subchapter based on the
achievement indicators adopted under Section 39.053(c) [Sections
39.053(c)(1)-(4)], including the results of assessment
instruments. The agency may combine evaluations under this section
with federal accountability measures concerning students of
limited English proficiency.
SECTION 5. Section 29.202(a), Education Code, is amended to
read as follows:
(a) A student is eligible to receive a public education
grant or to attend another public school in the district in which
the student resides under this subchapter if the student is
assigned to attend a public school campus issued an unacceptable
performance rating made publicly available under Section 39.054[:
[(1) at which 50 percent or more of the students did
not perform satisfactorily on an assessment instrument
administered under Section 39.023(a) or (c) in any two of the
preceding three years; or
[(2) that, at any time in the preceding three years,
failed to satisfy any standard under Section 39.054(e)].
SECTION 6. Chapter 39, Education Code, is amended by adding
Subchapter A to read as follows:
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 39.001. RULES. The commissioner may adopt rules as
necessary to administer this chapter.
Sec. 39.002. ADVISORY COMMITTEE. An advisory committee
appointed under this chapter is not subject to Chapter 2110,
Government Code.
SECTION 7. Section 39.052(b), Education Code, is amended to
read as follows:
(b) In determining the accreditation status of a school
district, the commissioner:
(1) shall evaluate and consider:
(A) performance on achievement indicators
described by Section 39.053 [39.053(c)]; and
(B) performance under the financial
accountability rating system developed under Subchapter D; and
(2) may evaluate and consider:
(A) the district's compliance with statutory
requirements and requirements imposed by rule of the commissioner
or State Board of Education under specific statutory authority that
relate to:
(i) reporting data through the Public
Education Information Management System (PEIMS) or other reports
required by state or federal law or court order;
(ii) the high school graduation
requirements under Section 28.025; or
(iii) an item listed under Sections
7.056(e)(3)(C)-(I) that applies to the district;
(B) the effectiveness of the district's programs
for special populations; and
(C) the effectiveness of the district's career
and technology program.
SECTION 8. Section 39.053, Education Code, is amended by
amending Subsections (a), (a-1), (b), (c), (d-1), (f), (g), (g-1),
(g-2), and (i) and adding Subsection (c-3) to read as follows:
(a) The commissioner shall adopt a set of indicators,
including indicators under Subsection (c), of the quality of
learning and achievement. The commissioner [biennially] shall
periodically review the indicators for the consideration of
appropriate revisions.
(a-1) The indicators adopted by the commissioner under
Subsection (a)[, including the indicators identified under
Subsection (c),] must measure and evaluate school districts and
campuses with respect to:
(1) improving student preparedness for success in:
(A) subsequent grade levels; and
(B) entering the workforce, the military, or
postsecondary education;
(2) reducing, with the goal of eliminating, student
academic achievement differentials among students from different
racial and ethnic groups and socioeconomic backgrounds; and
(3) informing parents and the community regarding
campus and district performance [in the domains described by
Subsection (c) and, for the domain described by Subsection (c)(5),
in accordance with local priorities and preferences].
(b) Performance on the achievement indicators adopted under
Subsections (c)(1), (2), (3), and (4)(B) and (C) [(c)(1)-(4)] shall
be compared to state-established standards. The indicators in
Subsection (c)(3) must be based on information that is
disaggregated by race, ethnicity, and socioeconomic status.
(c) School districts and campuses must be evaluated based on
four [five] domains of indicators of achievement adopted under this
section that include:
(1) in the student achievement [first] domain,
indicators of student achievement that may include [the results
of]:
(A) for evaluating the performance of districts
and campuses generally:
(i) an indicator that accounts for the
results of assessment instruments required under Sections
39.023(a), (c), and (l), as applicable for the district and campus,
including the results of assessment instruments required for
graduation retaken by a student, aggregated across grade levels by
subject area, including:
(a) [(i)] for the performance
standard determined by the commissioner under Section 39.0241(a),
the percentage of students who performed satisfactorily on the
assessment instruments, aggregated across grade levels by subject
area; and
(b) [(ii)] for the college readiness
performance standard as determined under Section 39.0241, the
percentage of students who performed satisfactorily on the
assessment instruments, aggregated across grade levels by subject
area; and
(ii) an indicator that accounts for the
results of [(B)] assessment instruments required under Section
39.023(b), as applicable for the district and campus, [aggregated
across grade levels by subject area,] including the percentage of
students who performed satisfactorily on the assessment
instruments, as determined by the performance standard adopted by
the agency, aggregated across grade levels by subject area; and
(B) for evaluating the performance of high school
campuses and districts that include high school campuses,
indicators that account for:
(i) students who satisfy the Texas Success
Initiative (TSI) college readiness benchmarks prescribed by the
Texas Higher Education Coordinating Board under Section 51.3062(f)
on an assessment instrument in reading or mathematics designated by
the Texas Higher Education Coordinating Board under Section
51.3062(c);
(ii) students who satisfy relevant
performance standards on advanced placement tests or similar
assessments;
(iii) students who earn dual course credits
in the dual credit courses;
(iv) students who enlist in the armed
forces of the United States;
(v) students who earn industry
certifications;
(vi) students admitted into postsecondary
industry certification programs that require as a prerequisite for
entrance successful performance at the secondary level;
(vii) students whose successful completion
of a course or courses under Section 28.014 indicates the student's
preparation to enroll and succeed, without remediation, in an
entry-level general education course for a baccalaureate degree or
associate degree;
(viii) students who successfully met
standards on a composite of indicators that through research
indicates the student's preparation to enroll and succeed, without
remediation, in an entry-level general education course for a
baccalaureate degree or associate degree; and
(ix) high school graduation rates, computed
in accordance with standards and definitions adopted in compliance
with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.)
subject to the exclusions provided by Subsections (g), (g-1),
(g-2), and (g-3);
(2) in the school performance [second] domain,
indicators of student performance, which may include:
(A) for assessment instruments, including
assessment instruments under Subdivisions (1)(A)(i) and (ii)
[Subdivision (1)(A):
[(i) for the performance standard
determined by the commissioner under Section 39.0241(a)], the
percentage of students who met the standard for [annual]
improvement [on the assessment instruments,] as determined by the
commissioner [by rule or by the method for measuring annual
improvement under Section 39.034, aggregated across grade levels by
subject area; and
[(ii) for the college readiness performance
standard as determined under Section 39.0241, the percentage of
students who met the standard for annual improvement on the
assessment instruments, as determined by the commissioner by rule
or by the method for measuring annual improvement under Section
39.034, aggregated across grade levels by subject area]; and
(B) for overall student performance, the
performance of districts or campuses compared to similar districts
or campuses [for assessment instruments under Subdivision (1)(B),
the percentage of students who met the standard for annual
improvement on the assessment instruments, as determined by the
commissioner by rule or by the method for measuring annual
improvement under Section 39.034, aggregated across grade levels by
subject area];
(3) in the closing-the-gaps [third] domain, the
student academic achievement differentials among students,
including the differentials among students from different racial
and ethnic groups and socioeconomic backgrounds;
[(4) in the fourth domain:
[(A) for evaluating the performance of high
school campuses and districts that include high school campuses:
[(i) dropout rates, including dropout rates
and district completion rates for grade levels 9 through 12,
computed in accordance with standards and definitions adopted by
the National Center for Education Statistics of the United States
Department of Education;
[(ii) high school graduation rates,
computed in accordance with standards and definitions adopted in
compliance with the No Child Left Behind Act of 2001 (20 U.S.C.
Section 6301 et seq.);
[(iii) the percentage of students who
successfully completed the curriculum requirements for the
distinguished level of achievement under the foundation high school
program;
[(iv) the percentage of students who
successfully completed the curriculum requirements for an
endorsement under Section 28.025(c-1);
[(v) the percentage of students who
completed a coherent sequence of career and technical courses;
[(vi) the percentage of students who
satisfy the Texas Success Initiative (TSI) college readiness
benchmarks prescribed by the Texas Higher Education Coordinating
Board under Section 51.3062(f) on an assessment instrument in
reading, writing, or mathematics designated by the Texas Higher
Education Coordinating Board under Section 51.3062(c);
[(vii) the percentage of students who earn
at least 12 hours of postsecondary credit required for the
foundation high school program under Section 28.025 or to earn an
endorsement under Section 28.025(c-1);
[(viii) the percentage of students who have
completed an advanced placement course;
[(ix) the percentage of students who enlist
in the armed forces of the United States; and
[(x) the percentage of students who earn an
industry certification;
[(B) for evaluating the performance of middle and
junior high school and elementary school campuses and districts
that include those campuses:
[(i) student attendance; and
[(ii) for middle and junior high school
campuses:
[(a) dropout rates, computed in the
manner described by Paragraph (A)(i); and
[(b) the percentage of students in
grades seven and eight who receive instruction in preparing for
high school, college, and a career that includes information
regarding the creation of a high school personal graduation plan
under Section 28.02121, the distinguished level of achievement
described by Section 28.025(b-15), each endorsement described by
Section 28.025(c-1), college readiness standards, and potential
career choices and the education needed to enter those careers; and
[(C) any additional indicators of student
achievement not associated with performance on standardized
assessment instruments determined appropriate for consideration by
the commissioner in consultation with educators, parents, business
and industry representatives, and employers;] and
(4) [(5)] in the school climate [fifth] domain,
indicators of school climate, which may include:
(A) three programs or specific categories of
performance related to community and student engagement locally
selected and evaluated as provided by Section 39.0546;
(B) the percentage of students who successfully
complete varied, rigorous, and relevant curricular options that
lead to postsecondary success, including successfully completing
advanced placement courses or other similar courses; and
(C) the percentage of students who successfully
complete a coherent sequence of:
(i) career and technical courses that lead
to industry certifications or college credit; or
(ii) fine arts courses.
(c-3) For purposes of Subsection (c), the commissioner, to
the extent feasible, shall determine a method by which the
performance of students who have been continuously enrolled in a
school district or at a district campus, as applicable, as
determined by continuous enrollment criteria established by the
commissioner, shall be given greater weight in determining the
overall and domain performance rating of the district or campus
under Section 39.054 than the performance of students who do not
meet the continuous enrollment criteria established by the
commissioner.
(d-1) In aggregating results of assessment instruments
across grade levels by subject in accordance with Subsections
[Subsection] (c)(1)(A)(i) and (ii), the performance of a student
enrolled below the high school level on an assessment instrument
required under Section 39.023(c) is included with results relating
to other students enrolled at the same grade level.
(f) Annually, the commissioner shall define the state
standard for the current school year for each achievement indicator
adopted under this section. In consultation with educators,
parents, and business and industry representatives, as necessary,
the commissioner shall establish and modify standards to
continuously improve student performance to achieve the goals of
eliminating achievement gaps based on race, ethnicity, and
socioeconomic status and to ensure Texas is a national leader in
preparing students for postsecondary success [described by
Subsections (c)(1)-(4) and shall project the state standards for
each indicator for the following two school years. The
commissioner shall periodically raise the state standards for the
college readiness achievement indicator described by Subsection
(c)(1)(A)(ii) for accreditation as necessary to reach the goals of
achieving, by not later than the 2019-2020 school year:
[(1) student performance in this state, disaggregated
by race, ethnicity, and socioeconomic status, that ranks nationally
in the top 10 states in terms of college readiness; and
[(2) student performance with no significant
achievement gaps by race, ethnicity, and socioeconomic status].
(g) In computing [defining the required state standard for
the] dropout and completion rates such as high school graduation
rates under Subsection (c)(1)(B)(ix) [rate indicator described by
Subsections (c)(4)(A)(i) and (B)(ii)(a)], the commissioner may not
consider as a dropout a student whose failure to attend school
results from:
(1) the student's expulsion under Section 37.007; and
(2) as applicable:
(A) adjudication as having engaged in delinquent
conduct or conduct indicating a need for supervision, as defined by
Section 51.03, Family Code; or
(B) conviction of and sentencing for an offense
under the Penal Code.
(g-1) In computing dropout and completion rates such as high
school graduation rates under Subsection (c)(1)(B)(ix)
[Subsections (c)(4)(A)(i) and (B)(ii)(a)], the commissioner shall
exclude:
(1) students who are ordered by a court to attend a
high school equivalency certificate program but who have not yet
earned a high school equivalency certificate;
(2) students who were previously reported to the state
as dropouts, including a student who is reported as a dropout,
reenrolls, and drops out again, regardless of the number of times of
reenrollment and dropping out;
(3) students in attendance who are not in membership
for purposes of average daily attendance;
(4) students whose initial enrollment in a school in
the United States in grades 7 through 12 was as unschooled refugees
or asylees as defined by Section 39.027(a-1);
(5) students who are in the district exclusively as a
function of having been detained at a county detention facility but
are otherwise not students of the district in which the facility is
located; and
(6) students who are incarcerated in state jails and
federal penitentiaries as adults and as persons certified to stand
trial as adults.
(g-2) In computing completion rates such as high school
graduation rates under Subsection (c)(1)(B)(ix) [(c)(2)], the
commissioner shall exclude students who:
(1) are at least 18 years of age as of September 1 of
the school year as reported for the fall semester Public Education
Information Management System (PEIMS) submission and have
satisfied the credit requirements for high school graduation;
(2) have not completed their individualized education
program under 19 T.A.C. Section 89.1070(b)(2) and the Individuals
with Disabilities Education Act (20 U.S.C. Section 1400 et seq.);
and
(3) are enrolled and receiving individualized
education program services.
(i) Each school district shall submit the data required for
the indicators adopted under this section to the [The] commissioner
[by rule shall adopt accountability measures to be used in
assessing the progress of students who have failed to perform
satisfactorily as determined by the commissioner under Section
39.0241(a) or under the college readiness standard as determined
under Section 39.0241 in the preceding school year on an assessment
instrument required under Section 39.023(a), (c), or (l)].
SECTION 9. Subchapter C, Chapter 39, Education Code, is
amended by adding Section 39.0533 to read as follows:
Sec. 39.0533. EXTRACURRICULAR AND COCURRICULAR STUDENT
ACTIVITY INDICATOR. (a) The commissioner shall study the
feasibility of incorporating for evaluating school district and
campus performance under this subchapter an indicator that accounts
for extracurricular and cocurricular student activity. If the
commissioner determines that an extracurricular and cocurricular
student activity indicator is appropriate, the commissioner may
adopt the indicator.
(b) To determine the feasibility of adopting an indicator
under this section, the commissioner may require a school district
or campus to report requested information relating to
extracurricular and cocurricular student activity.
(c) The commissioner may establish an advisory committee to
assist in determining the feasibility of incorporating an
extracurricular and cocurricular student activity indicator for
evaluating school district and campus performance.
(d) Not later than December 1, 2022, the commissioner shall
report to the legislature on the feasibility of incorporating an
extracurricular and cocurricular student activity indicator,
unless the commissioner adopts an indicator under this section
before that date.
(e) This section expires September 1, 2023.
SECTION 10. Sections 39.054(a), (a-1), (a-2), (a-3), and
(e), Education Code, as effective on September 1, 2017, are amended
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 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.
A reference in law to an acceptable rating or acceptable
performance includes an overall or domain performance rating of A,
B, or C or exemplary, recognized, or acceptable performance.
(a-1) For purposes of assigning a domain [an overall]
performance rating under Subsection (a) for the school climate
domain, the commissioner shall attribute 50[:
[(1) 55] percent of the domain performance rating
[evaluation] to the achievement indicator [indicators for the
first, second, and third domains] under Section 39.053(c)(4)(A)
[Sections 39.053(c)(1)-(3);
[(2) for middle and junior high school and elementary
campuses and districts that include only those campuses, 35 percent
of the performance evaluation to the applicable achievement
indicators for the fourth domain under Section 39.053(c)(4);
[(3) for high school campuses and districts that
include those campuses:
[(A) 10 percent of the performance evaluation to
the high school graduation rate achievement indicator described by
Section 39.053(c)(4)(A)(ii); and
[(B) 25 percent to the remaining applicable
achievement indicators for the fourth domain under Section
39.053(c)(4); and
[(4) 10 percent of the performance evaluation to the
locally selected and evaluated achievement indicators provided for
under the fifth domain under Section 39.053(c)(5)].
(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 and is not compensated for by a
performance rating of A, B, or C in another domain.
(a-3) Not later than August 15 of each year, the performance
ratings of each district and campus shall be made publicly
available as provided by rules adopted under this section. [If a
district or campus received an overall or domain performance rating
of D or F for the preceding school year, the commissioner shall
notify the district of a subsequent such designation on or before
June 15.]
(e) Each annual performance review under this section shall
include an analysis of the achievement indicators adopted under
Section 39.053, including Subsection (c) of that section, [Sections
39.053(c)(1)-(4)] to determine school district and campus
performance in relation to standards established for each
indicator.
SECTION 11. Section 39.054(f), Education Code, as effective
September 1, 2017, is transferred to Section 39.053, Education
Code, redesignated as Section 39.053(g-3), Education Code, and
amended to read as follows:
(g-3) [(f)] In the computation of dropout and completion
rates such as high school graduation rates under Subsection
(c)(1)(B)(ix) [Sections 39.053(c)(4)(A)(i) and (B)(ii)(a)], a
student who is released from a juvenile pre-adjudication secure
detention facility or juvenile post-adjudication secure
correctional facility and fails to enroll in school or a student who
leaves a residential treatment center after receiving treatment for
fewer than 85 days and fails to enroll in school may not be
considered to have dropped out from the school district or campus
serving the facility or center unless that district or campus is the
one to which the student is regularly assigned. The agency may not
limit an appeal relating to dropout computations under this
subsection.
SECTION 12. Subchapter C, Chapter 39, Education Code, is
amended by adding Section 39.0541 to read as follows:
Sec. 39.0541. ADOPTION OF INDICATORS AND STANDARDS. The
commissioner may adopt indicators and standards under this
subchapter at any time during a school year before the evaluation of
a school district or campus.
SECTION 13. Section 39.0546(a), Education Code, is amended
to read as follows:
(a) For purposes of including the local evaluation of
districts and campuses under Section 39.053(c)(4)(A)
[39.053(c)(5)] and assigning an overall rating under Section
39.054, before the beginning of each school year:
(1) each school district shall:
(A) select and report to the agency three
programs or categories under Section 39.0545(b)(1)[, as added by
Chapter 211 (H.B. 5), Acts of the 83rd Legislature, Regular
Session, 2013,] under which the district will evaluate district
performance;
(B) submit to the agency the criteria the
district will use to evaluate district performance and assign the
district a performance rating; and
(C) make the information described by Paragraphs
(A) and (B) available on the district's Internet website; and
(2) each campus shall:
(A) select and report to the agency three
programs or categories under Section 39.0545(b)(1)[, as added by
Chapter 211 (H.B. 5), Acts of the 83rd Legislature, Regular
Session, 2013,] under which the campus will evaluate campus
performance;
(B) submit to the agency the criteria the campus
will use to evaluate campus performance and assign the campus a
performance rating; and
(C) make the information described by Paragraphs
(A) and (B) available on the Internet website of the campus.
SECTION 14. Sections 39.0548(b), (c), and (d), Education
Code, are amended to read as follows:
(b) Notwithstanding Section 39.053(c)(1)(B)(ix)
[39.053(c)(4)(A)(i)], the commissioner shall use the alternative
completion rate under this subsection to determine the graduation
[dropout] rate indicator under Section 39.053(c)(1)(B)(ix)
[39.053(c)(4)(A)(i)] for a dropout recovery school. The
alternative completion rate shall be the ratio of the total number
of students who graduate, continue attending school into the next
academic year, or receive a high school equivalency certificate to
the total number of students in the longitudinal cohort of
students.
(c) Notwithstanding Section 39.053(c)(1)(B)(ix)
[39.053(c)(4)(A)(i)], in determining the performance rating under
Section 39.054 of a dropout recovery school, the commissioner shall
include any student described by Section 39.053(g-1) who graduates
or receives a high school equivalency certificate.
(d) Notwithstanding Section 39.053(c), for purposes of
evaluating a dropout recovery school under the accountability
procedures adopted by the commissioner to determine the performance
rating of the school under Section 39.054,[:
[(1)] only the best result from the primary
administration or any retake of an assessment instrument
administered to a student in the school year evaluated may be
considered[; and
[(2) only a student enrolled continuously for at least
90 days during the school year evaluated may be considered].
SECTION 15. Section 39.055, Education Code, is amended to
read as follows:
Sec. 39.055. STUDENT ORDERED BY A JUVENILE COURT OR STUDENT
IN RESIDENTIAL FACILITY NOT CONSIDERED FOR ACCOUNTABILITY
PURPOSES. Notwithstanding any other provision of this code except
to the extent otherwise provided under Section 39.053(g-3)
[39.054(f)], for purposes of determining the performance of a
school district, campus, or open-enrollment charter school under
this chapter, a student ordered by a juvenile court into a
residential program or facility operated by or under contract with
the Texas Juvenile Justice Department, a juvenile board, or any
other governmental entity or any student who is receiving treatment
in a residential facility is not considered to be a student of the
school district in which the program or facility is physically
located or of an open-enrollment charter school, as applicable.
The performance of such a student on an assessment instrument or
other achievement indicator adopted under Section 39.053 or
reporting indicator adopted under Section 39.301 shall be
determined, reported, and considered separately from the
performance of students attending a school of the district in which
the program or facility is physically located or an open-enrollment
charter school, as applicable.
SECTION 16. Subchapter E, Chapter 39, Education Code, is
amended by adding Section 39.118 to read as follows:
Sec. 39.118. INTERVENTIONS AND SANCTIONS OF INCREASED
SEVERITY FOR CERTAIN DISTRICTS AND CAMPUSES. (a) The commissioner
shall adopt rules to impose interventions and sanctions of
increased severity applicable only to a school district or campus
that is assigned a performance rating of F under Section 39.054.
(b) The commissioner may not adopt a rule under this section
that conflicts with the imposition of a specific intervention or
sanction required by law.
SECTION 17. Section 39.301(b), Education Code, is amended
to read as follows:
(b) Performance on the indicators adopted under this
section shall be evaluated in the same manner provided for
evaluation of the achievement indicators under Sections
39.053(c)(1), (2), (3), and (4)(B) and (C) [39.053(c)(1)-(4)].
SECTION 18. Effective September 1, 2017, Section 39.054(c),
Education Code, as effective September 1, 2017, is repealed.
SECTION 19. This Act applies beginning with the 2017-2018
school year.
SECTION 20. Except as otherwise provided by this Act, this
Act takes effect immediately if it receives a vote of two-thirds of
all the members elected to each house, as provided by Section 39,
Article III, Texas Constitution. If this Act does not receive the
vote necessary for immediate effect, this Act takes effect
September 1, 2017.
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