Texas 2019 - 86th Regular

Texas House Bill HB3625 Compare Versions

Only one version of the bill is available at this time.

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1	1	86R13098 SOS-D
2	2	By: Reynolds H.B. No. 3625
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the assignment of performance ratings under the public
8	8	school accountability system.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 39.054(a), (a-1), (a-2), and (b),
11	11	Education Code, are amended to read as follows:
12	12	(a) The commissioner shall adopt rules to evaluate school
13	13	district and campus performance and assign each district and campus
14	14	an overall performance rating and [of A, B, C, D, or F. In addition
15	15	to the overall performance rating, the commissioner shall assign
16	16	each district and campus] a separate domain performance rating [of
17	17	A, B, C, D, or F] for each domain under Section 39.053(c)[. An
18	18	overall or domain performance rating] of [A reflects] exemplary
19	19	performance,[. An overall or domain performance rating of B
20	20	reflects] recognized performance,[. An overall or domain
21	21	performance rating of C reflects] acceptable performance,[. An
22	22	overall or domain performance rating of D reflects] performance
23	23	that needs improvement,[. An overall] or [domain performance rating
24	24	of F reflects] unacceptable performance. A district may not receive
25	25	an overall or domain performance rating of exemplary performance
26	26	[A] if the district includes any campus with a corresponding
27	27	overall or domain performance rating of performance that needs
28	28	improvement or unacceptable performance [D or F]. If a school
29	29	district has been approved under Section 39.0544 to assign campus
30	30	performance ratings and the commissioner has not assigned a campus
31	31	an overall performance rating of performance that needs improvement
32	32	or unacceptable performance [D or F], the commissioner shall assign
33	33	the campus an overall performance rating based on the school
34	34	district assigned performance rating under Section 39.0544. A
35	35	reference in law to an acceptable rating or acceptable performance
36	36	includes an overall or domain performance rating of [A, B, C, or D
37	37	or] performance that is exemplary, recognized, or acceptable
38	38	performance or performance that needs improvement.
39	39	(a-1) For purposes of assigning an overall performance
40	40	rating for a district or campus under Subsection (a), the
41	41	commissioner shall:
42	42	(1) consider either the district's or campus's
43	43	performance rating under the student achievement domain under
44	44	Section 39.053(c)(1) or the school progress domain under Section
45	45	39.053(c)(2), whichever performance rating is higher, unless the
46	46	district or campus received a performance rating of unacceptable
47	47	performance [F] in either domain, in which case the district or
48	48	campus may not be assigned a performance rating higher than
49	49	recognized performance [a B] for the composite for the two domains;
50	50	and
51	51	(2) attribute not less than 30 percent of the
52	52	performance rating to the closing the gaps domain under Section
53	53	39.053(c)(3).
54	54	(a-2) The commissioner by rule may adopt procedures to
55	55	ensure that a repeated performance rating of performance that needs
56	56	improvement [D or F] or unacceptable performance in one domain,
57	57	particularly performance that is not significantly improving, is
58	58	reflected in the overall performance rating of a district or campus
59	59	under this section or a campus under Section 39.0544 and is not
60	60	compensated for by a performance rating of exemplary, recognized,
61	61	or acceptable performance [A, B, or C] in another domain.
62	62	(b) For purposes of assigning school districts and campuses
63	63	an overall and a domain performance rating under Subsection (a),
64	64	the commissioner shall ensure that the method used to evaluate
65	65	performance is implemented in a manner that provides the
66	66	mathematical possibility that all districts and campuses receive an
67	67	exemplary performance [A] rating.
68	68	SECTION 2. Sections 39.0544(a) and (e), Education Code, are
69	69	amended to read as follows:
70	70	(a) The commissioner shall adopt rules regarding the
71	71	assignment of campus performance ratings by school districts and
72	72	open-enrollment charter schools. The rules:
73	73	(1) must require a district or school, in assigning an
74	74	overall performance rating for a campus, to incorporate:
75	75	(A) domain performance ratings assigned by the
76	76	commissioner under Section 39.054; and
77	77	(B) performance ratings based on locally
78	78	developed domains or sets of accountability measures;
79	79	(2) may permit a district or school to assign weights
80	80	to each domain or set of accountability measures described in
81	81	Subdivision (1), as determined by the district or school, provided
82	82	that the domains specified in Subdivision (1)(A) must in the
83	83	aggregate account for at least 50 percent of the overall
84	84	performance rating;
85	85	(3) must require that each locally developed domain or
86	86	set of accountability measures:
87	87	(A) contains levels of performance that allow for
88	88	differentiation, with assigned standards for achieving the
89	89	differentiated levels;
90	90	(B) provides for the assignment of a performance
91	91	rating of exemplary performance, recognized performance,
92	92	acceptable performance, performance that needs improvement, or
93	93	unacceptable performance [letter grade of A, B, C, D, or F]; and
94	94	(C) meets standards for reliability and
95	95	validity;
96	96	(4) must require that calculations for overall
97	97	performance ratings and each locally developed domain or set of
98	98	accountability measures be capable of being audited by a third
99	99	party;
100	100	(5) must require that a district or school produce a
101	101	campus score card that may be displayed on the agency's website; and
102	102	(6) must require that a district or school develop and
103	103	make available to the public an explanation of the methodology used
104	104	to assign performance ratings under this section.
105	105	(e) A school district or open-enrollment charter school
106	106	authorized under this section to assign campus performance ratings
107	107	shall evaluate the performance of each campus as provided by this
108	108	section and assign each campus a performance rating of exemplary
109	109	performance, recognized performance, acceptable performance,
110	110	performance that needs improvement, or unacceptable performance
111	111	[A, B, C, D, or F] for overall performance and for each locally
112	112	developed domain or set of accountability measures. Not later than
113	113	a date established by the commissioner, the district or school
114	114	shall:
115	115	(1) report the performance ratings to the agency; and
116	116	(2) make the performance ratings available to the
117	117	public as provided by commissioner rule.
118	118	SECTION 3. Section 39.101, Education Code, as added by
119	119	Chapter 807 (H.B. 22), Acts of the 85th Legislature, Regular
120	120	Session, 2017, is transferred to Subchapter B, Chapter 39A,
121	121	Education Code, redesignated as Section 39A.0545, Education Code,
122	122	amended to conform to the repeal of Subchapter E, Chapter 39,
123	123	Education Code, by Article 21, Chapter 324 (S.B. 1488), Acts of the
124	124	85th Legislature, Regular Session, 2017, and further amended to
125	125	read as follows:
126	126	Sec. 39A.0545 [39.101]. NEEDS IMPROVEMENT PERFORMANCE
127	127	RATING. (a) Notwithstanding any other law, if a school district or
128	128	campus is assigned an overall or domain performance rating of
129	129	performance that needs improvement [D]:
130	130	(1) the commissioner shall order the district or
131	131	campus to develop and implement a targeted improvement plan
132	132	approved by the board of trustees of the district; and
133	133	(2) the interventions and sanctions provided by this
134	134	chapter [subchapter] based on failure to satisfy performance
135	135	standards under Section 39.054(e) apply to the district or campus
136	136	only as provided by this section.
137	137	(b) The interventions and sanctions provided by this
138	138	chapter [subchapter] based on failure to satisfy performance
139	139	standards under Section 39.054(e) apply to a district or campus
140	140	ordered to develop and implement a targeted improvement plan under
141	141	Subsection (a) only if the district or campus is assigned:
142	142	(1) an overall or domain performance rating of
143	143	unacceptable performance [F]; or
144	144	(2) an overall performance rating of performance that
145	145	needs improvement [D] as provided by Subsection (c).
146	146	(c) If a school district or campus is assigned an overall
147	147	performance rating of performance that needs improvement [D] for a
148	148	school year after the district or campus is ordered to develop and
149	149	implement a targeted improvement plan under Subsection (a), the
150	150	commissioner shall implement interventions and sanctions that
151	151	apply to an unacceptable campus and those interventions and
152	152	sanctions shall continue for each consecutive school year
153	153	thereafter in which the campus is assigned an overall performance
154	154	rating of performance that needs improvement [D].
155	155	(d) The commissioner shall adopt rules as necessary to
156	156	implement this section.
157	157	SECTION 4. Section 42.005(k), Education Code, is amended to
158	158	read as follows:
159	159	(k) A charter school operating under a charter granted under
160	160	Chapter 12 before January 1, 2015, is eligible to earn full average
161	161	daily attendance under Subsection (a), as that subsection existed
162	162	immediately before January 1, 2015, for:
163	163	(1) all campuses of the charter school operating
164	164	before January 1, 2015; and
165	165	(2) any campus or site expansion approved on or after
166	166	January 1, 2015, provided that the charter school received an
167	167	academic accountability performance rating of acceptable
168	168	performance [C] or higher, and the campus or site expansion is
169	169	approved by the commissioner.
170	170	SECTION 5. To the extent of any conflict, this Act prevails
171	171	over another Act of the 86th Legislature, Regular Session, 2019,
172	172	relating to nonsubstantive additions to and corrections in enacted
173	173	codes.
174	174	SECTION 6. This Act applies beginning with the 2019-2020
175	175	school year.
176	176	SECTION 7. This Act takes effect immediately if it receives
177	177	a vote of two-thirds of all the members elected to each house, as
178	178	provided by Section 39, Article III, Texas Constitution. If this
179	179	Act does not receive the vote necessary for immediate effect, this
180	180	Act takes effect September 1, 2019.