86R14161 CAE-F
By: Huberty H.B. No. 3904
A BILL TO BE ENTITLED
AN ACT
relating to public school accountability, including certain
assessment requirements, performance standards, and sanctions,
including sanctions affecting educator contracts, and to providing
alternative methods to satisfy certain public high school
graduation requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. PUBLIC SCHOOL ACCOUNTABILITY
SECTION 1.01. Section 39.0241, Education Code, is amended
by adding Subsection (a-2) to read as follows:
(a-2) This subsection applies only to an assessment
instrument authorized under Section 39.025(a-2), as added by
Chapter 1036 (H.B. 1613), Acts of the 84th Legislature, Regular
Session, 2015, for use as a substitute assessment instrument for
purposes of satisfying the requirements concerning an
end-of-course assessment instrument. The commissioner shall
designate for student performance on each substitute assessment
instrument subject to this subsection a level of performance
considered to be satisfactory and a level of performance necessary
to indicate college readiness in the same manner as the
commissioner designates those standards for student performance on
each end-of-course assessment instrument listed in Section
39.023(c). The commissioner shall designate the level of
performance that indicates college readiness on a substitute
assessment as "masters grade-level performance."
SECTION 1.02. Section 39.053(c), Education Code, as amended
by Chapters 807 (H.B. 22), 842 (H.B. 2223), and 1088 (H.B. 3593),
Acts of the 85th Legislature, Regular Session, 2017, is reenacted
and amended to read as follows:
(c) School districts and campuses must be evaluated based on
three domains of indicators of achievement adopted under this
section that include:
(1) in the student achievement domain, indicators of
student achievement that must include:
(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) 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) 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 assessment instruments required under Section
39.023(b), as applicable for the district and campus, 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 51.334 on
an assessment instrument in reading or mathematics designated by
the coordinating board under that section;
(ii) students who satisfy relevant
performance standards on advanced placement tests or similar
assessments;
(iii) students who earn dual course credits
in English language arts, mathematics, science, or social studies
[the] dual credit courses;
(iv) students who enlist in the armed
forces of the United States;
(v) students who complete coherent
sequences of courses required to 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;
(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);
(x) students who successfully completed an
OnRamps dual enrollment course; [and]
(xi) [the percentage of] students who
successfully completed a practicum or internship approved by the
State Board of Education;
(xii) students who are awarded an associate
[associate's] degree;
(xiii) students who participate in
extracurricular activities, including University Interscholastic
League A+ academic events and foreign language, chess, and robotics
clubs; and
(xiv) ninth grade students who are
academically on track to graduate with their ninth grade cohort;
and
(C) for evaluating the performance of middle and
junior high school and elementary school campuses and districts
that include those campuses, indicators that account for:
(i) students who participate in full-day
prekindergarten programs;
(ii) students who participate in
elementary literacy and mathematics academies; and
(iii) students who participate in
extracurricular activities, including University Interscholastic
League A+ academic events and foreign language, chess, and robotics
clubs;
(2) in the school progress domain, indicators for
effectiveness in promoting student learning, which must include:
(A) for assessment instruments, including
assessment instruments under Subdivisions (1)(A)(i) and (ii), the
percentage of students who met the standard for improvement, as
determined by the commissioner; and
(B) for evaluating relative performance, the
performance of districts and campuses compared to similar districts
or campuses; and
(3) in the closing the gaps domain, the use of
disaggregated data to demonstrate the differentials among students
from different racial and ethnic groups, socioeconomic
backgrounds, and other factors, including:
(A) students formerly receiving special
education services;
(B) students continuously enrolled; and
(C) students who are mobile.
SECTION 1.03. Section 39.053, Education Code, is amended by
adding Subsection (c-4) to read as follows:
(c-4) The commissioner shall determine a method by which a
student's performance under Subsection (c)(1)(B)(v) may be
included in determining the performance of a district or campus
under Section 39.054 if the student successfully completed the
courses but did not receive the certification until after the
student graduated.
SECTION 1.04. Section 39.054, Education Code, is amended by
adding Subsections (a-5) and (a-6) to read as follows:
(a-5) For purposes of assigning each district and campus a
domain performance rating under Section 39.053(c), the
commissioner may not attribute more than 50 percent of any domain
performance rating to the results of assessment instruments
required under Sections 39.023(a), (b), (c), and (l).
(a-6) For purposes of assigning each district and campus a
domain performance rating for the student achievement domain under
Section 39.053(c)(1), the commissioner shall attribute:
(1) 40 percent of the performance rating to the
indicators under Section 39.053(c)(1)(A) relating to assessment
instrument results;
(2) 20 percent of the performance rating to the
indicator under Section 39.053(c)(1)(B)(ix) relating to high
school graduation rates; and
(3) 40 percent of the performance rating to the
indicators under Section 39.053(c)(1)(B) relating to college,
career, and military readiness.
SECTION 1.05. Section 39.0548, Education Code, is amended
by amending Subsections (a) and (d) and adding Subsections (a-1),
(e), (f), (g), and (h) to read as follows:
(a) For purposes of evaluating performance under Section
39.053(c), the commissioner shall designate as a dropout recovery
school a school district or an open-enrollment charter school or a
campus of a district or of an open-enrollment charter school:
(1) that serves students in grades 9 through 12 and has
an enrollment of which at least 50 percent of the students are 17
years of age or older as of September 1 of the school year as
reported for the fall semester Public Education Information
Management System (PEIMS) submission; and
(2) that [meets the eligibility requirements for and]
is registered under alternative education accountability
procedures adopted by the commissioner.
(a-1) For purposes of assigning performance ratings under
Section 39.054, the commissioner shall evaluate a dropout recovery
school under alternative education accountability procedures
adopted by the commissioner.
(d) For [Notwithstanding Section 39.053(c), for] purposes
of evaluating a dropout recovery school under the alternative
education accountability procedures adopted by the commissioner
[to determine the performance rating of the school under Section
39.054], 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 in assigning
performance ratings for the school under Section 39.054.
(e) For purposes of evaluating performance of a dropout
recovery school under the student achievement domain under Section
39.053(c)(1), the commissioner may consider for purposes of
assigning a domain performance rating under Section 39.054 student
performance based only on the "approaches grade level" performance
standard. Any evaluation of student performance based on a higher
performance standard may not be considered to negatively affect the
domain performance rating or a performance target score of the
school.
(f) For purposes of evaluating performance of a dropout
recovery school under the school progress domain under Section
39.053(c)(2), the commissioner may award credit for academic growth
for purposes of assigning a domain performance rating under Section
39.054 based only on a student reaching the "approaches grade
level" performance standard. Any evaluation of student performance
based on reaching a higher academic growth performance standard may
not be considered to negatively affect the amount of credit awarded
to the school or the domain performance rating or a performance
target score of the school.
(g) For purposes of assigning an overall performance rating
for a dropout recovery school under Section 39.054, the
commissioner shall consider only the school's domain performance
ratings under the student achievement domain under Section
39.053(c)(1) and the school progress domain under Section
39.053(c)(2).
(h) The performance of a dropout recovery school under the
closing the gaps domain under Section 39.053(c)(3) may be used for
reporting purposes only.
SECTION 1.06. This article applies beginning with the
2019-2020 school year.
ARTICLE 2. ACCOUNTABILITY INTERVENTIONS AND SANCTIONS
SECTION 2.01. Section 39A.051(b), Education Code, is
amended to read as follows:
(b) For a campus described by Subsection (a), the
commissioner, to the extent the commissioner determines necessary,
may:
(1) order a hearing to be held before the commissioner
or the commissioner's designee at which the president of the board
of trustees of the school district, the district superintendent,
and the campus principal shall appear and explain the campus's low
performance, lack of improvement, and plans for improvement; [or]
(2) establish a school community partnership team
composed of members of the campus-level planning and
decision-making committee established under Section 11.251 and
additional community representatives as determined appropriate by
the commissioner; or
(3) order reconstitution of the campus and
implementation of strategic staffing as provided by Section
39A.0511.
SECTION 2.02. Effective September 1, 2019, Subchapter B,
Chapter 39A, Education Code, is amended by adding Section 39A.0511
to read as follows:
Sec. 39A.0511. RECONSTITUTION AND STRATEGIC STAFFING. (a)
For a campus described by Section 39A.051(a), the school district
may choose to pursue reconstitution and implementation of strategic
staffing for the campus as provided by this section.
(b) The commissioner by rule shall provide procedures for
the strategic staffing of a campus that is reconstituted by order of
the commissioner under Section 39A.051(b) or by option of the
school district under Subsection (a), including procedures for:
(1) the retention at the campus of a teacher of a
subject for which an assessment instrument is administered under
Section 39.023 only if a pattern of significant academic
improvement by students taught by the teacher is established;
(2) removal of the principal of the campus, unless the
campus intervention team determines retention of the principal
would be more beneficial to student achievement and campus
stability than removal; and
(3) placement of educators at the campus based on each
educator's established effectiveness.
(c) A determination that an educator may not be retained at
a reconstituted campus constitutes good cause under Chapter 21 for
discharging the educator and terminating the educator's contract.
This subsection applies regardless of whether the reconstitution
was ordered by the commissioner under Section 39A.051(b) or
implemented by option of the school district under Subsection (a).
SECTION 2.03. Section 39A.060, Education Code, is amended
to conform to Section 1, Chapter 472 (H.B. 2263), Acts of the 85th
Legislature, Regular Session, 2017, and further amended to read as
follows:
Sec. 39A.060. CAMPUS INTERVENTION TEAM CONTINUING
DUTIES. For each year a campus is assigned an unacceptable
performance rating, the campus intervention team shall:
(1) [continue to work with the campus until:
[(A) the campus satisfies all performance
standards under Section 39.054(e) for a two-year period; or
[(B) the campus satisfies all performance
standards under Section 39.054(e) for a one-year period and the
commissioner determines that the campus is operating and will
continue to operate in a manner that improves student achievement;
[(2)] assist in updating the targeted improvement plan
to identify and analyze areas of growth and areas that require
improvement; [and]
(2) [(3)] submit each updated targeted improvement
plan described by Subdivision (1) [(2)] to the board of trustees of
the school district; and
(3) determine which educators may be retained at the
campus, if the campus is reconstituted by order of the commissioner
under Section 39A.051(b) or by option of the school district under
Section 39A.0511.
SECTION 2.04. The change in law made by Section
39A.0511(c), Education Code, as added by this Act, applies only to a
contract entered into on or after September 1, 2019.
SECTION 2.05. This article applies beginning with the
2019-2020 school year.
ARTICLE 3. INDIVIDUAL GRADUATION COMMITTEES
SECTION 3.01. Sections 12.104(b-2) and (b-3), Education
Code, are amended to read as follows:
(b-2) An open-enrollment charter school is subject to the
requirement to establish an individual graduation committee under
Section 28.0258. [This subsection expires September 1, 2019.]
(b-3) An open-enrollment charter school is subject to the
graduation qualification procedure established by the commissioner
under Section 28.02541. [This subsection expires September 1,
2019.]
SECTION 3.02. Section 28.025(c-6), Education Code, is
amended to read as follows:
(c-6) Notwithstanding Subsection (c), a person may receive
a diploma if the person is eligible for a diploma under Section
28.0258. [This subsection expires September 1, 2019.]
SECTION 3.03. Effective September 1, 2019, Section
28.02541(a), Education Code, is amended to read as follows:
(a) This section applies only to a student who:
(1) entered the ninth grade before the 2011-2012
school year;
(2) successfully completed the curriculum
requirements for high school graduation applicable to the student
when the student entered the ninth grade;
(3) has not performed satisfactorily on an assessment
instrument or a part of an assessment instrument required for high
school graduation, including an alternate assessment instrument
offered under Section 39.025(c-2) [39.025(c-1)]; and
(4) has been administered the assessment instrument or
the part of the assessment instrument for which the student has not
performed satisfactorily at least three times.
SECTION 3.04. Section 28.02591(a), Education Code, is
amended to read as follows:
(a) The Texas Higher Education Coordinating Board, in
coordination with the agency, shall collect longitudinal data
relating to the post-graduation pursuits of each student who is
awarded a diploma based on the determination of an individual
graduation committee under Section 28.0258, [as that section
existed before September 1, 2019,] including whether the student:
(1) enters the workforce;
(2) enrolls in an associate degree or certificate
program at a public or private institution of higher education;
(3) enrolls in a bachelor's degree program at a public
or private institution of higher education; or
(4) enlists in the armed forces of the United States or
the Texas National Guard.
SECTION 3.05. Section 39.025(a-2), Education Code, as added
by Chapter 5 (S.B. 149), Acts of the 84th Legislature, Regular
Session, 2015, is redesignated as Section 39.025(a-5), Education
Code, and amended to read as follows:
(a-5) [(a-2)] Notwithstanding Subsection (a), a student who
has failed to perform satisfactorily on end-of-course assessment
instruments in the manner provided under this section may receive a
high school diploma if the student has qualified for graduation
under Section 28.0258. [This subsection expires September 1,
2019.]
SECTION 3.06. Section 39.025(a-3), Education Code, is
amended to read as follows:
(a-3) A student who, after retaking an end-of-course
assessment instrument for Algebra I or English II, has failed to
perform satisfactorily as required by Subsection (a), but who
receives a score of proficient on the Texas Success Initiative
(TSI) diagnostic assessment for the corresponding subject for which
the student failed to perform satisfactorily on the end-of-course
assessment instrument satisfies the requirement concerning the
Algebra I or English II end-of-course assessment, as applicable.
[This subsection expires September 1, 2019.]
SECTION 3.07. Sections 28.02541(g), 28.0258(l), and
28.0259(e), Education Code, are repealed.
ARTICLE 4. CONFLICTS PROVISION; EFFECTIVE DATE
SECTION 4.01. 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 4.02. 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 on the 91st day after the last day of the legislative
session.