86R13098 SOS-D
By: Reynolds H.B. No. 3625
A BILL TO BE ENTITLED
AN ACT
relating to the assignment of performance ratings under the public
school accountability system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 39.054(a), (a-1), (a-2), and (b),
Education Code, 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 and [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)[. 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 reflects] performance
that needs improvement,[. An overall] or [domain performance rating
of F reflects] unacceptable performance. A district may not receive
an overall or domain performance rating of exemplary performance
[A] if the district includes any campus with a corresponding
overall or domain performance rating of performance that needs
improvement or unacceptable performance [D or F]. If a school
district has been approved under Section 39.0544 to assign campus
performance ratings and the commissioner has not assigned a campus
an overall performance rating of performance that needs improvement
or unacceptable performance [D or F], the commissioner shall assign
the campus an overall performance rating based on the school
district assigned performance rating under Section 39.0544. A
reference in law to an acceptable rating or acceptable performance
includes an overall or domain performance rating of [A, B, C, or D
or] performance that is exemplary, recognized, or acceptable
performance or performance that needs improvement.
(a-1) For purposes of assigning an overall performance
rating for a district or campus under Subsection (a), the
commissioner shall:
(1) consider either the district's or campus's
performance rating under the student achievement domain under
Section 39.053(c)(1) or the school progress domain under Section
39.053(c)(2), whichever performance rating is higher, unless the
district or campus received a performance rating of unacceptable
performance [F] in either domain, in which case the district or
campus may not be assigned a performance rating higher than
recognized performance [a B] for the composite for the two domains;
and
(2) attribute not less than 30 percent of the
performance rating to the closing the gaps domain under Section
39.053(c)(3).
(a-2) The commissioner by rule may adopt procedures to
ensure that a repeated performance rating of performance that needs
improvement [D or F] or unacceptable performance in one domain,
particularly performance that is not significantly improving, is
reflected in the overall performance rating of a district or campus
under this section or a campus under Section 39.0544 and is not
compensated for by a performance rating of exemplary, recognized,
or acceptable performance [A, B, or C] in another domain.
(b) For purposes of assigning school districts and campuses
an overall and a domain performance rating under Subsection (a),
the commissioner shall ensure that the method used to evaluate
performance is implemented in a manner that provides the
mathematical possibility that all districts and campuses receive an
exemplary performance [A] rating.
SECTION 2. Sections 39.0544(a) and (e), Education Code, are
amended to read as follows:
(a) The commissioner shall adopt rules regarding the
assignment of campus performance ratings by school districts and
open-enrollment charter schools. The rules:
(1) must require a district or school, in assigning an
overall performance rating for a campus, to incorporate:
(A) domain performance ratings assigned by the
commissioner under Section 39.054; and
(B) performance ratings based on locally
developed domains or sets of accountability measures;
(2) may permit a district or school to assign weights
to each domain or set of accountability measures described in
Subdivision (1), as determined by the district or school, provided
that the domains specified in Subdivision (1)(A) must in the
aggregate account for at least 50 percent of the overall
performance rating;
(3) must require that each locally developed domain or
set of accountability measures:
(A) contains levels of performance that allow for
differentiation, with assigned standards for achieving the
differentiated levels;
(B) provides for the assignment of a performance
rating of exemplary performance, recognized performance,
acceptable performance, performance that needs improvement, or
unacceptable performance [letter grade of A, B, C, D, or F]; and
(C) meets standards for reliability and
validity;
(4) must require that calculations for overall
performance ratings and each locally developed domain or set of
accountability measures be capable of being audited by a third
party;
(5) must require that a district or school produce a
campus score card that may be displayed on the agency's website; and
(6) must require that a district or school develop and
make available to the public an explanation of the methodology used
to assign performance ratings under this section.
(e) A school district or open-enrollment charter school
authorized under this section to assign campus performance ratings
shall evaluate the performance of each campus as provided by this
section and assign each campus a performance rating of exemplary
performance, recognized performance, acceptable performance,
performance that needs improvement, or unacceptable performance
[A, B, C, D, or F] for overall performance and for each locally
developed domain or set of accountability measures. Not later than
a date established by the commissioner, the district or school
shall:
(1) report the performance ratings to the agency; and
(2) make the performance ratings available to the
public as provided by commissioner rule.
SECTION 3. Section 39.101, Education Code, as added by
Chapter 807 (H.B. 22), Acts of the 85th Legislature, Regular
Session, 2017, is transferred to Subchapter B, Chapter 39A,
Education Code, redesignated as Section 39A.0545, Education Code,
amended to conform to the repeal of Subchapter E, Chapter 39,
Education Code, by Article 21, Chapter 324 (S.B. 1488), Acts of the
85th Legislature, Regular Session, 2017, and further amended to
read as follows:
Sec. 39A.0545 [39.101]. NEEDS IMPROVEMENT PERFORMANCE
RATING. (a) Notwithstanding any other law, if a school district or
campus is assigned an overall or domain performance rating of
performance that needs improvement [D]:
(1) the commissioner shall order the district or
campus to develop and implement a targeted improvement plan
approved by the board of trustees of the district; and
(2) the interventions and sanctions provided by this
chapter [subchapter] based on failure to satisfy performance
standards under Section 39.054(e) apply to the district or campus
only as provided by this section.
(b) The interventions and sanctions provided by this
chapter [subchapter] based on failure to satisfy performance
standards under Section 39.054(e) apply to a district or campus
ordered to develop and implement a targeted improvement plan under
Subsection (a) only if the district or campus is assigned:
(1) an overall or domain performance rating of
unacceptable performance [F]; or
(2) an overall performance rating of performance that
needs improvement [D] as provided by Subsection (c).
(c) If a school district or campus is assigned an overall
performance rating of performance that needs improvement [D] for a
school year after the district or campus is ordered to develop and
implement a targeted improvement plan under Subsection (a), the
commissioner shall implement interventions and sanctions that
apply to an unacceptable campus and those interventions and
sanctions shall continue for each consecutive school year
thereafter in which the campus is assigned an overall performance
rating of performance that needs improvement [D].
(d) The commissioner shall adopt rules as necessary to
implement this section.
SECTION 4. Section 42.005(k), Education Code, is amended to
read as follows:
(k) A charter school operating under a charter granted under
Chapter 12 before January 1, 2015, is eligible to earn full average
daily attendance under Subsection (a), as that subsection existed
immediately before January 1, 2015, for:
(1) all campuses of the charter school operating
before January 1, 2015; and
(2) any campus or site expansion approved on or after
January 1, 2015, provided that the charter school received an
academic accountability performance rating of acceptable
performance [C] or higher, and the campus or site expansion is
approved by the commissioner.
SECTION 5. To the extent of any conflict, this Act prevails
over another Act of the 86th Legislature, Regular Session, 2019,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 6. This Act applies beginning with the 2019-2020
school year.
SECTION 7. 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, 2019.