Texas 2019 - 86th Regular

Texas House Bill HB3904 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Huberty, Guillen, Raymond, Morales H.B. No. 3904
	1	+	86R25926 CAE-F
	2	+	By: Huberty H.B. No. 3904
	3	+	Substitute the following for H.B. No. 3904:
	4	+	By: King of Hemphill C.S.H.B. No. 3904
2	5
3	6
4	7		A BILL TO BE ENTITLED
5	8		AN ACT
6	9		relating to public school accountability, including certain
7		-	performance standards and sanctions, to providing alternative
	10	+	performance standards and sanctions, and to providing alternative
8	11		methods to satisfy certain public high school graduation
9		-	requirements~~, and to public school class size limits~~.
	12	+	requirements.
10	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	14		ARTICLE 1. PUBLIC SCHOOL ACCOUNTABILITY
12	15		SECTION 1.01. Section 11.174(f), Education Code, is amended
13	16		to read as follows:
14	17		(f) This subsection applies only to a district campus
15	18		subject to a contract described by Subsection (a) that received an
16	19		overall performance rating of unacceptable under Subchapter C,
17	20		Chapter 39, for the school year before operation of the district
18	21		campus under the contract began. The commissioner may not impose a
19	22		sanction or take action against the campus under Chapter 39A
20	23		[Section 39.107(a) or (e)] for failure to satisfy academic
21	24		performance standards during the first two school years of
22	25		operation of a district campus under Subsection (a). The overall
23	26		performance rating received by the campus during those first two
24	27		school years is not included in calculating consecutive school
25	28		years and is not considered a break in consecutive school years
26	29		under Chapter 39A. The performance of a campus subject to this
27	30		subsection may not be included in determining the performance of
28	31		the district during the period the campus is exempt from sanctions
29	32		under Chapter 39A [Section 39.107(a) or (e)].
30	33		SECTION 1.02. Section 39.0241, Education Code, is amended
31	34		by adding Subsection (a-2) to read as follows:
32	35		(a-2) This subsection applies only to an assessment
33	36		instrument authorized under Section 39.025(a-2) for use as a
34	37		substitute assessment instrument for purposes of satisfying the
35	38		requirements concerning an end-of-course assessment instrument.
36	39		The commissioner shall designate for student performance on each
37	40		substitute assessment instrument subject to this subsection a level
38	41		of performance considered to be satisfactory and a level of
39	42		performance necessary to indicate college readiness in the same
40	43		manner as the commissioner designates those standards for student
41	44		performance on each end-of-course assessment instrument listed in
42	45		Section 39.023(c). The commissioner shall designate the level of
43	46		performance that indicates college readiness on a substitute
44	47		assessment as "masters grade-level performance."
45	48		SECTION 1.03. Section 39.053(c), Education Code, as amended
46	49		by Chapters 807 (H.B. 22), 842 (H.B. 2223), and 1088 (H.B. 3593),
47	50		Acts of the 85th Legislature, Regular Session, 2017, is reenacted
48	51		and amended to read as follows:
49	52		(c) School districts and campuses must be evaluated based on
50	53		three domains of indicators of achievement adopted under this
51	54		section that include:
52	55		(1) in the student achievement domain, indicators of
53	56		student achievement that must include:
54	57		(A) for evaluating the performance of districts
55	58		and campuses generally:
56	59		(i) an indicator that accounts for the
57	60		results of assessment instruments required under Sections
58	61		39.023(a), (c), and (l), as applicable for the district and campus,
59	62		including the results of assessment instruments required for
60	63		graduation retaken by a student, aggregated across grade levels by
61	64		subject area, including:
62	65		(a) for the performance standard
63	66		determined by the commissioner under Section 39.0241(a), the
64	67		percentage of students who performed satisfactorily on the
65	68		assessment instruments, aggregated across grade levels by subject
66	69		area; and
67	70		(b) for the college readiness
68	71		performance standard as determined under Section 39.0241, the
69	72		percentage of students who performed satisfactorily on the
70	73		assessment instruments, aggregated across grade levels by subject
71	74		area; and
72	75		(ii) an indicator that accounts for the
73	76		results of assessment instruments required under Section
74	77		39.023(b), as applicable for the district and campus, including the
75	78		percentage of students who performed satisfactorily on the
76	79		assessment instruments, as determined by the performance standard
77	80		adopted by the agency, aggregated across grade levels by subject
78	81		area; [and]
79	82		(B) for evaluating the performance of high school
80	83		campuses and districts that include high school campuses,
81	84		indicators that account for:
82	85		(i) students who satisfy the Texas Success
83	86		Initiative (TSI) college readiness benchmarks prescribed by the
84	87		Texas Higher Education Coordinating Board under Section 51.334 on
85	88		an assessment instrument in reading or mathematics designated by
86	89		the coordinating board under that section;
87	90		(ii) students who satisfy relevant
88	91		performance standards on advanced placement tests or similar
89	92		assessments;
90	93		(iii) students who earn a three-hour [dual]
91	94		course credit [credits] in a [the] dual credit course in any subject
92	95		[courses];
93	96		(iv) students who enlist in the armed
94	97		forces of the United States;
95	98		(v) students who complete coherent
96	99		sequences of courses required to earn industry certifications;
97	100		(vi) students admitted into postsecondary
98	101		industry certification programs that require as a prerequisite for
99	102		entrance successful performance at the secondary level;
100	103		(vii) students whose successful completion
101	104		of a course or courses under Section 28.014 indicates the student's
102	105		preparation to enroll and succeed, without remediation, in an
103	106		entry-level general education course for a baccalaureate degree or
104	107		associate degree;
105	108		(viii) students who successfully met
106	109		standards on a composite of indicators that through research
107	110		indicates the student's preparation to enroll and succeed, without
108	111		remediation, in an entry-level general education course for a
109	112		baccalaureate degree or associate degree;
110	113		(ix) high school graduation rates, computed
111	114		in accordance with standards and definitions adopted in compliance
112	115		with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.)
113	116		subject to the exclusions provided by Subsections (g), (g-1),
114	117		(g-2), and (g-3);
115	118		(x) students who successfully completed an
116	119		OnRamps dual enrollment course; [and]
117	120		(xi) [the percentage of] students who
118	121		successfully completed a practicum or internship approved by the
119	122		State Board of Education;
120	123		(xii) students who are awarded an associate
121	124		[associate's] degree;
122	125		(xiii) students who participate in
123	126		extracurricular activities, including University Interscholastic
124	127		League A+ academic events and foreign language, chess, and robotics
125	128		clubs; and
126	129		(xiv) ninth grade students who are
127	130		academically on track to graduate with their ninth grade cohort;
128	131		and
129	132		(C) for evaluating the performance of middle and
130	133		junior high school and elementary school campuses and districts
131	134		that include those campuses, indicators that account for:
132	135		(i) students who participate in full-day
133	136		prekindergarten programs;
134	137		(ii) students who participate in
135	138		elementary literacy and mathematics academies; and
136	139		(iii) students who participate in
137	140		extracurricular activities, including University Interscholastic
138	141		League A+ academic events and foreign language, chess, and robotics
139	142		clubs;
140	143		(2) in the school progress domain, indicators for
141	144		effectiveness in promoting student learning, which must include:
142	145		(A) for assessment instruments, including
143	146		assessment instruments under Subdivisions (1)(A)(i) and (ii), the
144	147		percentage of students who met the standard for improvement, as
145	148		determined by the commissioner; and
146	149		(B) for evaluating relative performance, the
147	150		performance of districts and campuses compared to similar districts
148	151		or campuses; and
149	152		(3) in the closing the gaps domain, the use of
150	153		disaggregated data to demonstrate the differentials among students
151	154		from different racial and ethnic groups, socioeconomic
152	155		backgrounds, and other factors, including:
153	156		(A) students formerly receiving special
154	157		education services;
155	158		(B) students continuously enrolled; and
156	159		(C) students who are mobile.
157	160		SECTION 1.04. Section 39.053, Education Code, is amended by
158	161		adding Subsection (c-4) to read as follows:
159	162		(c-4) The commissioner shall determine a method by which:
160	163		(1) a student's performance under Subsection
161	164		(c)(1)(B)(v) may be included in determining the performance of a
162	165		district or campus under Section 39.054 if the student successfully
163	166		completed the courses but did not receive the industry
164	167		certification until after the student graduated; and
165	168		(2) a student's performance described by Subdivision
166	169		(1) is assigned equal credit under the college, career, and
167	170		military readiness component calculation as a student who earned an
168	171		industry certification before the student graduated.
169	172		SECTION 1.05. Section 39.054, Education Code, is amended by
170	173		adding Subsections (a-5) and (a-6) to read as follows:
171	174		(a-5) For purposes of assigning each district and campus a
172	175		domain performance rating under Section 39.053(c), the
173	176		commissioner may not attribute more than 50 percent of any domain
174	177		performance rating to the results of assessment instruments
175	178		required under Sections 39.023(a), (b), (c), and (l).
176	179		(a-6) For purposes of assigning each district and campus a
177	180		domain performance rating for the student achievement domain under
178	181		Section 39.053(c)(1), the commissioner shall attribute:
179	182		(1) 30 percent of the performance rating to the
180	183		indicators under Section 39.053(c)(1)(A) relating to assessment
181	184		instrument results;
182	185		(2) 40 percent of the performance rating to the
183	186		indicator under Section 39.053(c)(1)(B)(ix) relating to high
184	187		school graduation rates; and
185	188		(3) 30 percent of the performance rating to the
186	189		indicators under Section 39.053(c)(1)(B) relating to college,
187	190		career, and military readiness.
188	191		SECTION 1.06. Section 39.0548, Education Code, is amended
189	192		by amending Subsections (a) and (d) and adding Subsections (a-1),
190		-	(e), (f), and (g) to read as follows:
	193	+	(e), (f), (g), and (h) to read as follows:
191	194		(a) For purposes of evaluating performance under Section
192	195		39.053(c), the commissioner shall designate as a dropout recovery
193	196		school a school district or an open-enrollment charter school or a
194	197		campus of a district or of an open-enrollment charter school:
195	198		(1) that serves students in grades 9 through 12 and has
196	199		an enrollment of which at least 50 percent of the students are 17
197	200		years of age or older as of September 1 of the school year as
198	201		reported for the fall semester Public Education Information
199	202		Management System (PEIMS) submission; and
200	203		(2) that [meets the eligibility requirements for and]
201	204		is registered under alternative education accountability
202	205		procedures adopted by the commissioner.
203	206		(a-1) For purposes of assigning performance ratings under
204	207		Section 39.054, the commissioner shall evaluate a dropout recovery
205	208		school under alternative education accountability procedures
206	209		adopted by the commissioner.
207	210		(d) For [Notwithstanding Section 39.053(c), for] purposes
208	211		of evaluating a dropout recovery school under the alternative
209	212		education accountability procedures adopted by the commissioner
210	213		[to determine the performance rating of the school under Section
211	214		39.054], only the best result from the primary administration or
212	215		any retake of an assessment instrument administered to a student in
213	216		the school year evaluated may be considered in assigning
214	217		performance ratings for the school under Section 39.054.
215		-	(e) To the extent consistent with or permitted by an
216		-	authorized waiver of federal law, the commissioner, for purposes of
217		-	evaluating performance of a dropout recovery school under the
218		-	alternative education accountability procedures adopted by the
219		-	commissioner, shall adopt performance targets for the student
220		-	achievement domain under Section 39.053(c)(1) and the school
221		-	progress domain under Section 39.053(c)(2) that are based on the
222		-	average performance of school districts and campuses registered
223		-	under the alternative education accountability procedures for the
224		-	preceding school year for those respective domains.
225		-	(f) To the extent consistent with or permitted by an
226		-	authorized waiver of federal law, the commissioner, for purposes of
227		-	assigning an overall performance rating for a dropout recovery
228		-	school under Section 39.054, shall attribute not more than 10
229		-	percent of that rating to the closing the gaps domain under Section
230		-	39.053(c)(3).
231		-	(g) To the extent consistent with or permitted by an
232		-	authorized waiver of federal law, the commissioner, for purposes of
233		-	evaluating performance of a dropout recovery school under the
234		-	alternative education accountability procedures adopted by the
235		-	commissioner, shall attribute to a dropout recovery school not less
236		-	than a minimum scaled score of 60 for the closing the gaps domain
237		-	under Section 39.053(c)(3).
238		-	SECTION 1.07. (a) Except as otherwise provided by this
239		-	section
240		-	, this article applies beginning with the 2020-2021 school
241		-	year.
242		-	(b) Section 39.0548, Education Code, as amended by this Act,
243		-	takes effect on any date not later than September 1, 2021, on which
244		-	the commissioner of education:
245		-	(1) obtains any necessary waiver from the application
246		-	of federal law or regulation conflicting with Section 39.0548,
247		-	Education Code, as amended by this Act; or
248		-	(2) receives written notification from the United
249		-	States Department of Education that a waiver is not required.
250		-	(c) Section 39.0548, Education Code, as amended by this Act,
251		-	applies beginning with the first school year that begins after the
252		-	date on which Section 39.0548, Education Code, takes effect under
253		-	Subsection (b) of this section.
254		-	(d) If the commissioner of education obtains any necessary
255		-	waiver or receives written notification as described by Subsection
256		-	(b) of this section, the commissioner shall certify that the
257		-	commissioner has obtained the waiver or received notification that
258		-	a waiver is not required, as applicable, and shall publish notice of
259		-	that fact in the Texas Register as soon as practicable after
260		-	obtaining the waiver or receiving notification.
	218	+	(e) For purposes of evaluating performance of a dropout
	219	+	recovery school under the student achievement domain under Section
	220	+	39.053(c)(1) and assigning a domain performance rating under
	221	+	Section 39.054, the commissioner shall consider student
	222	+	performance based only on the "approaches grade level" performance
	223	+	standard. Any evaluation of student performance based on a higher
	224	+	performance standard may not be considered to negatively affect the
	225	+	domain performance rating or a performance target score of the
	226	+	school.
	227	+	(f) For purposes of evaluating performance of a dropout
	228	+	recovery school under the school progress domain under Section
	229	+	39.053(c)(2) and assigning a domain performance rating under
	230	+	Section 39.054, the commissioner shall award credit for academic
	231	+	growth based only on a student reaching the "approaches grade
	232	+	level" performance standard. Any evaluation of student performance
	233	+	based on reaching a higher academic growth performance standard may
	234	+	not be considered to negatively affect the amount of credit awarded
	235	+	to the school or the domain performance rating or a performance
	236	+	target score of the school.
	237	+	(g) For purposes of assigning an overall performance rating
	238	+	for a dropout recovery school under Section 39.054, the
	239	+	commissioner shall consider only the school's domain performance
	240	+	ratings under the student achievement domain under Section
	241	+	39.053(c)(1) or the school progress domain under Section
	242	+	39.053(c)(2).
	243	+	(h) The performance of a dropout recovery school under the
	244	+	closing the gaps domain under Section 39.053(c)(3) shall be used
	245	+	for reporting purposes only.
	246	+	SECTION 1.07. This article applies beginning with the
	247	+	2020-2021 school year.
261	248		ARTICLE 2. INDIVIDUAL GRADUATION COMMITTEES
262	249		SECTION 2.01. Sections 12.104(b-2) and (b-3), Education
263	250		Code, are amended to read as follows:
264	251		(b-2) An open-enrollment charter school is subject to the
265	252		requirement to establish an individual graduation committee under
266	253		Section 28.0258. [This subsection expires September 1, 2019.]
267	254		(b-3) An open-enrollment charter school is subject to the
268	255		graduation qualification procedure established by the commissioner
269	256		under Section 28.02541. [This subsection expires September 1,
270	257		2019.]
271	258		SECTION 2.02. Section 28.025(c-6), Education Code, is
272	259		amended to read as follows:
273	260		(c-6) Notwithstanding Subsection (c), a person may receive
274	261		a diploma if the person is eligible for a diploma under Section
275	262		28.0258. [This subsection expires September 1, 2019.]
276	263		SECTION 2.03. Effective September 1, 2019, Section
277	264		28.02541(a), Education Code, is amended to read as follows:
278	265		(a) This section applies only to a student who:
279	266		(1) entered the ninth grade before the 2011-2012
280	267		school year;
281	268		(2) successfully completed the curriculum
282	269		requirements for high school graduation applicable to the student
283	270		when the student entered the ninth grade;
284	271		(3) has not performed satisfactorily on an assessment
285	272		instrument or a part of an assessment instrument required for high
286	273		school graduation, including an alternate assessment instrument
287	274		offered under Section 39.025(c-2) [39.025(c-1)]; and
288	275		(4) has been administered the assessment instrument or
289	276		the part of the assessment instrument for which the student has not
290	277		performed satisfactorily at least three times.
291	278		SECTION 2.04. Section 28.02591(a), Education Code, is
292	279		amended to read as follows:
293	280		(a) The Texas Higher Education Coordinating Board, in
294	281		coordination with the agency, shall collect longitudinal data
295	282		relating to the post-graduation pursuits of each student who is
296	283		awarded a diploma based on the determination of an individual
297	284		graduation committee under Section 28.0258, [as that section
298	285		existed before September 1, 2019,] including whether the student:
299	286		(1) enters the workforce;
300	287		(2) enrolls in an associate degree or certificate
301	288		program at a public or private institution of higher education;
302	289		(3) enrolls in a bachelor's degree program at a public
303	290		or private institution of higher education; or
304	291		(4) enlists in the armed forces of the United States or
305	292		the Texas National Guard.
306	293		SECTION 2.05. Section 39.025(a-2), Education Code, as added
307	294		by Chapter 5 (S.B. 149), Acts of the 84th Legislature, Regular
308	295		Session, 2015, is redesignated as Section 39.025(a-5), Education
309	296		Code, and amended to read as follows:
310	297		(a-5) [(a-2)] Notwithstanding Subsection (a), a student who
311	298		has failed to perform satisfactorily on end-of-course assessment
312	299		instruments in the manner provided under this section may receive a
313	300		high school diploma if the student has qualified for graduation
314	301		under Section 28.0258. [This subsection expires September 1,
315	302		2019.]
316	303		SECTION 2.06. Section 39.025(a-3), Education Code, is
317	304		amended to read as follows:
318	305		(a-3) A student who, after retaking an end-of-course
319	306		assessment instrument for Algebra I or English II, has failed to
320	307		perform satisfactorily as required by Subsection (a), but who
321	308		receives a score of proficient on the Texas Success Initiative
322	309		(TSI) diagnostic assessment for the corresponding subject for which
323	310		the student failed to perform satisfactorily on the end-of-course
324	311		assessment instrument satisfies the requirement concerning the
325	312		Algebra I or English II end-of-course assessment, as applicable.
326	313		[This subsection expires September 1, 2019.]
327	314		SECTION 2.07. Sections 28.02541(g), 28.0258(l), and
328	315		28.0259(e), Education Code, are repealed.
329	316		ARTICLE 3. CONFLICTS PROVISION; EFFECTIVE DATE
330	317		SECTION 3.01. To the extent of any conflict, this Act
331	318		prevails over another Act of the 86th Legislature, Regular Session,
332	319		2019, relating to nonsubstantive additions to and corrections in
333	320		enacted codes.
334	321		SECTION 3.02. Except as otherwise provided by this Act,
335	322		this Act takes effect immediately if it receives a vote of
336	323		two-thirds of all the members elected to each house, as provided by
337	324		Section 39, Article III, Texas Constitution. If this Act does not
338	325		receive the vote necessary for immediate effect, this Act takes
339	326		effect on the 91st day after the last day of the legislative
340	327		session.