Texas 2019 - 86th Regular

Texas House Bill HB736 Compare Versions

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

Old	New	Differences
1	1	86R2743 GCB-D
2	2	By: Landgraf H.B. No. 736
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to eliminating the requirement to use public school
8	8	assessment instruments as a criterion for promotion or graduation
9	9	or to make certain accountability determinations.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 18.005(c), Education Code, is amended to
12	12	read as follows:
13	13	(c) A Job Corps diploma program shall:
14	14	(1) develop educational programs specifically
15	15	designed for persons eligible for enrollment in a Job Corps
16	16	training program established by the United States Department of
17	17	Labor;
18	18	(2) coordinate educational programs and services in
19	19	the diploma program with programs and services provided by the
20	20	United States Department of Labor and other federal and state
21	21	agencies and local political subdivisions and by persons who
22	22	provide programs and services under contract with the United States
23	23	Department of Labor;
24	24	(3) provide a course of instruction that includes the
25	25	required curriculum under Subchapter A, Chapter 28; and
26	26	(4) [require that students enrolled in the diploma
27	27	program satisfy the requirements of Section 39.025 before receiving
28	28	a diploma under this chapter; and
29	29	[(5)] comply with a requirement imposed under this
30	30	title or a rule adopted under this title relating to the Public
31	31	Education Information Management System (PEIMS) to the extent
32	32	necessary to determine compliance with this chapter, as determined
33	33	by the commissioner.
34	34	SECTION 2. Section 18.006(b), Education Code, is amended to
35	35	read as follows:
36	36	(b) In addition to other factors determined to be
37	37	appropriate by the commissioner, the accountability system must
38	38	include consideration of[:
39	39	[(1) student performance on the end-of-course
40	40	assessment instruments required by Section 39.023(c); and
41	41	[(2)] dropout rates, including dropout rates and
42	42	diploma program completion rates for the grade levels served by the
43	43	diploma program.
44	44	SECTION 3. Section 19.0043(b), Education Code, is amended
45	45	to read as follows:
46	46	(b) A student may graduate and receive a diploma from a
47	47	Windham School District educational program if:
48	48	(1) the student successfully completes the curriculum
49	49	requirements identified by the State Board of Education under
50	50	Section 28.025(a) [and complies with Section 39.025]; or
51	51	(2) the student successfully completes the curriculum
52	52	requirements under Section 28.025(a) as modified by an
53	53	individualized education program developed under Section 29.005.
54	54	SECTION 4. Section 25.005(b), Education Code, is amended to
55	55	read as follows:
56	56	(b) A reciprocity agreement must:
57	57	(1) address procedures for:
58	58	(A) transferring student records; and
59	59	(B) awarding credit for completed course work;
60	60	and
61	61	[(C) permitting a student to satisfy the
62	62	requirements of Section 39.025 through successful performance on
63	63	comparable end-of-course or other exit-level assessment
64	64	instruments administered in another state; and]
65	65	(2) include appropriate criteria developed by the
66	66	agency.
67	67	SECTION 5. Section 28.006(j), Education Code, is amended to
68	68	read as follows:
69	69	(j) No more than 15 percent of the funds certified by the
70	70	commissioner under Subsection (i) may be spent on indirect costs.
71	71	The commissioner shall evaluate the programs that fail to meet the
72	72	standard of performance under Section 39.301(c)(6) [39.301(c)(5)]
73	73	and may implement interventions or sanctions under Chapter 39A.
74	74	The commissioner may audit the expenditures of funds appropriated
75	75	for purposes of this section. The use of the funds appropriated for
76	76	purposes of this section shall be verified as part of the district
77	77	audit under Section 44.008.
78	78	SECTION 6. Section 28.021(c), Education Code, is amended to
79	79	read as follows:
80	80	(c) In determining promotion under Subsection (a), a school
81	81	district shall consider:
82	82	(1) the recommendation of the student's teacher;
83	83	(2) the student's grade in each subject or course; and
84	84	(3) [the student's score on an assessment instrument
85	85	administered under Section 39.023(a), (b), or (l), to the extent
86	86	applicable; and
87	87	[(4)] any other necessary academic information, as
88	88	determined by the district.
89	89	SECTION 7. The heading to Section 28.0211, Education Code,
90	90	is amended to read as follows:
91	91	Sec. 28.0211. [SATISFACTORY PERFORMANCE ON ASSESSMENT
92	92	INSTRUMENTS REQUIRED;] ACCELERATED INSTRUCTION.
93	93	SECTION 8. Sections 28.0211(a-1), (c), (d), (g), (i), and
94	94	(k), Education Code, are amended to read as follows:
95	95	(a-1) Each time a student fails to perform satisfactorily on
96	96	an assessment instrument administered under Section 39.023(a) [in
97	97	the third, fourth, fifth, sixth, seventh, or eighth grade], the
98	98	school district in which the student attends school shall provide
99	99	to the student accelerated instruction in the applicable subject
100	100	area. Accelerated instruction may require participation of the
101	101	student before or after normal school hours and may include
102	102	participation at times of the year outside normal school
103	103	operations.
104	104	(c) [Each time a student fails to perform satisfactorily on
105	105	an assessment instrument specified under Subsection (a), the school
106	106	district in which the student attends school shall provide to the
107	107	student accelerated instruction in the applicable subject area,
108	108	including reading instruction for a student who fails to perform
109	109	satisfactorily on a reading assessment instrument. After a student
110	110	fails to perform satisfactorily on an assessment instrument a
111	111	second time, a grade placement committee shall be established to
112	112	prescribe the accelerated instruction the district shall provide to
113	113	the student before the student is administered the assessment
114	114	instrument the third time. The grade placement committee shall be
115	115	composed of the principal or the principal's designee, the
116	116	student's parent or guardian, and the teacher of the subject of an
117	117	assessment instrument on which the student failed to perform
118	118	satisfactorily. The district shall notify the parent or guardian
119	119	of the time and place for convening the grade placement committee
120	120	and the purpose of the committee.] An accelerated instruction
121	121	group administered by a school district under this section may not
122	122	have a ratio of more than 10 students for each teacher.
123	123	(d) In addition to providing accelerated instruction to a
124	124	student under Subsection (a-1) [(c)], the district shall notify the
125	125	student's parent or guardian of:
126	126	(1) the student's failure to perform satisfactorily on
127	127	the assessment instrument; and
128	128	(2) the accelerated instruction program to which the
129	129	student is assigned[; and
130	130	[(3) the possibility that the student might be
131	131	retained at the same grade level for the next school year].
132	132	(g) This section does not preclude the retention at a grade
133	133	level, in accordance with state law or school district policy, of a
134	134	student who performs satisfactorily on an assessment instrument
135	135	[specified under Subsection (a)].
136	136	(i) The admission, review, and dismissal committee of a
137	137	student who participates in a district's special education program
138	138	under Subchapter A, Chapter 29, and who does not perform
139	139	satisfactorily on an assessment instrument [specified under
140	140	Subsection (a) and] administered under Section 39.023(a) or (b)
141	141	must meet before the student is administered the assessment
142	142	instrument for the second time. The committee shall determine[:
143	143	[(1)] the manner in which the student will participate
144	144	in an accelerated instruction program under this section[; and
145	145	[(2) whether the student will be promoted in
146	146	accordance with Subsection (i-1) or retained under this section].
147	147	(k) The commissioner shall adopt rules as necessary to
148	148	implement this section[, including rules concerning when school
149	149	districts shall administer assessment instruments required under
150	150	this section and which administration of the assessment instruments
151	151	will be used for purposes of Section 39.054].
152	152	SECTION 9. Sections 28.025(b-7), (c), and (e), Education
153	153	Code, are amended to read as follows:
154	154	(b-7) The State Board of Education, in coordination with the
155	155	Texas Higher Education Coordinating Board, shall adopt rules to
156	156	ensure that a student may comply with the curriculum requirements
157	157	under the foundation high school program or for an endorsement
158	158	under Subsection (c-1) by successfully completing appropriate
159	159	courses in the core curriculum of an institution of higher
160	160	education under Section 61.822. Notwithstanding Subsection (b-15)
161	161	or (c) [of this section, Section 39.025,] or any other provision of
162	162	this code and notwithstanding any school district policy, a student
163	163	who has completed the core curriculum of an institution of higher
164	164	education under Section 61.822, as certified by the institution in
165	165	accordance with commissioner rule, is considered to have earned a
166	166	distinguished level of achievement under the foundation high school
167	167	program and is entitled to receive a high school diploma from the
168	168	appropriate high school as that high school is determined in
169	169	accordance with commissioner rule. A student who is considered to
170	170	have earned a distinguished level of achievement under the
171	171	foundation high school program under this subsection may apply for
172	172	admission to an institution of higher education for the first
173	173	semester or other academic term after the semester or other
174	174	academic term in which the student completes the core curriculum.
175	175	(c) A person may receive a diploma if the person is eligible
176	176	for a diploma under Section 28.0251. In other cases, a student may
177	177	graduate and receive a diploma only if:
178	178	(1) the student successfully completes the curriculum
179	179	requirements identified by the State Board of Education under
180	180	Subsection (a) [and complies with Section 39.025]; or
181	181	(2) the student successfully completes an
182	182	individualized education program developed under Section 29.005.
183	183	(e) Each school district shall report the academic
184	184	achievement record of students who have completed the foundation
185	185	high school program on transcript forms adopted by the State Board
186	186	of Education. [The transcript forms adopted by the board must be
187	187	designed to clearly identify whether a student received a diploma
188	188	or a certificate of coursework completion.]
189	189	SECTION 10. Section 28.0255(g), Education Code, is amended
190	190	to read as follows:
191	191	(g) A student is entitled to a high school diploma if the
192	192	student[:
193	193	[(1)] successfully complies with the curriculum
194	194	requirements specified under Subsection (e)[; and
195	195	[(2) performs satisfactorily, as determined by the
196	196	commissioner under Subsection (h), on end-of-course assessment
197	197	instruments listed under Section 39.023(c) for courses in which the
198	198	student was enrolled].
199	199	SECTION 11. Section 29.062(a), Education Code, is amended
200	200	to read as follows:
201	201	(a) The legislature recognizes that compliance with this
202	202	subchapter is an imperative public necessity. Therefore, in
203	203	accordance with the policy of the state, the agency shall evaluate
204	204	the effectiveness of programs under this subchapter based on the
205	205	achievement indicators adopted under Section 39.053(c)[, including
206	206	the results of assessment instruments]. The agency may combine
207	207	evaluations under this section with federal accountability
208	208	measures concerning students of limited English proficiency.
209	209	SECTION 12. Section 29.081(b-1), Education Code, is amended
210	210	to read as follows:
211	211	(b-1) Each school district shall offer before the next
212	212	scheduled administration of the assessment instrument, without
213	213	cost to the student, additional accelerated instruction to each
214	214	student in any subject in which the student failed to perform
215	215	satisfactorily on an end-of-course assessment instrument listed in
216	216	Section 39.023(c) [required for graduation].
217	217	SECTION 13. Section 29.087(l), Education Code, is amended
218	218	to read as follows:
219	219	(l) The commissioner may revoke a school district's or
220	220	open-enrollment charter school's authorization under this section
221	221	after consideration of relevant factors, including [performance of
222	222	students participating in the district's or school's program on
223	223	assessment instruments required under Chapter 39,] the percentage
224	224	of students participating in the district's or school's program who
225	225	complete the program and perform successfully on the high school
226	226	equivalency examination[,] and other criteria adopted by the
227	227	commissioner. A decision by the commissioner under this subsection
228	228	is final and may not be appealed.
229	229	SECTION 14. Sections 29.259(g), (i), and (o), Education
230	230	Code, are amended to read as follows:
231	231	(g) A person who is at least 19 years of age and not more
232	232	than 50 years of age is eligible to enroll in the adult education
233	233	program under this section if the person has not earned a high
234	234	school equivalency certificate and:
235	235	(1) has failed to complete the curriculum requirements
236	236	for high school graduation; or
237	237	(2) has failed to perform satisfactorily on an
238	238	assessment instrument that, before the 2019-2020 school year, was
239	239	required for high school graduation.
240	240	(i) A charter granted under this section must:
241	241	(1) include a description of the adult education
242	242	program to be offered under this section; and
243	243	(2) establish specific, objective standards for
244	244	receiving a high school diploma, including[:
245	245	[(A)] successful completion of:
246	246	(A) [(i)] if applicable to the program
247	247	participant, the curriculum requirements under Section 28.025; or
248	248	(B) [(ii)] the appropriate curriculum
249	249	requirements applicable to the program participant[; and
250	250	[(B) satisfactory performance on the
251	251	standardized secondary exit-level assessment instrument described
252	252	by Subsection (c)].
253	253	(o) The commissioner shall develop and adopt performance
254	254	frameworks that establish standards by which to measure the
255	255	performance of an adult high school program operated under a
256	256	charter granted under this section in a manner consistent with the
257	257	requirements provided for an open-enrollment charter school under
258	258	Sections 12.1181(a) and (b). The commissioner shall include in the
259	259	performance frameworks adopted under this subsection the following
260	260	performance indicators:
261	261	(1) [the percentage of program participants who
262	262	performed satisfactorily on the standardized secondary exit-level
263	263	assessment instrument described by Subsection (c);
264	264	[(2)] the percentage of program participants who
265	265	successfully completed the high school program and earned a high
266	266	school diploma;
267	267	(2) [(3)] the percentage of program participants who
268	268	successfully completed career and technology education courses and
269	269	obtained industry certification;
270	270	(3) [(4)] the percentage of program participants who
271	271	have enrolled in an institution of higher education or private or
272	272	independent institution of higher education, as those terms are
273	273	defined under Section 61.003; and
274	274	(4) [(5)] the percentage of program participants who
275	275	earned a wage, salary, or other income increase that was
276	276	significant as determined and reported by the Texas Workforce
277	277	Commission.
278	278	SECTION 15. Section 29.402(c), Education Code, is amended
279	279	to read as follows:
280	280	(c) A public junior college under this section shall:
281	281	(1) design a dropout recovery curriculum that includes
282	282	career and technology education courses that lead to industry or
283	283	career certification;
284	284	(2) integrate into the dropout recovery curriculum
285	285	research-based strategies to assist students in becoming able
286	286	academically to pursue postsecondary education, including:
287	287	(A) high quality, college readiness instruction
288	288	with strong academic and social supports;
289	289	(B) secondary to postsecondary bridging that
290	290	builds college readiness skills, provides a plan for college
291	291	completion, and ensures transition counseling; and
292	292	(C) information concerning appropriate supports
293	293	available in the first year of postsecondary enrollment to ensure
294	294	postsecondary persistence and success, to the extent funds are
295	295	available for the purpose;
296	296	(3) offer advanced academic and transition
297	297	opportunities, including dual credit courses and college
298	298	preparatory courses, such as advanced placement courses; and
299	299	(4) coordinate with each partnering school district to
300	300	provide in the articulation agreement that the district retains
301	301	accountability for student attendance and[,] student completion of
302	302	high school course requirements[, and student performance on
303	303	assessment instruments] as necessary for the student to receive a
304	304	diploma from a high school of the partnering school district.
305	305	SECTION 16. Section 30.021(e), Education Code, is amended
306	306	to read as follows:
307	307	(e) The school shall cooperate with public and private
308	308	agencies and organizations serving students and other persons with
309	309	visual impairments in the planning, development, and
310	310	implementation of effective educational and rehabilitative service
311	311	delivery systems associated with educating students with visual
312	312	impairments. To maximize and make efficient use of state
313	313	facilities, funding, and resources, the services provided in this
314	314	area may include conducting a cooperative program with other
315	315	agencies to serve students who have graduated from high school by
316	316	completing all academic requirements applicable to students in
317	317	regular education[, excluding satisfactory performance under
318	318	Section 39.025,] who are younger than 22 years of age on September 1
319	319	of the school year and who have identified needs related to
320	320	vocational training, independent living skills, orientation and
321	321	mobility, social and leisure skills, compensatory skills, or
322	322	remedial academic skills.
323	323	SECTION 17. Section 30.104(b), Education Code, is amended
324	324	to read as follows:
325	325	(b) A student may graduate and receive a diploma from a
326	326	department educational program if:
327	327	(1) the student successfully completes the curriculum
328	328	requirements identified by the State Board of Education under
329	329	Section 28.025(a) [and complies with Section 39.025]; or
330	330	(2) the student successfully completes the curriculum
331	331	requirements under Section 28.025(a) as modified by an
332	332	individualized education program developed under Section 29.005.
333	333	SECTION 18. Section 32.258(b), Education Code, is amended
334	334	to read as follows:
335	335	(b) The system established under Subsection (a) shall
336	336	provide a means for a student or the student's parent or other
337	337	person standing in parental relationship to track the student's
338	338	progress on end-of-course assessment instruments administered
339	339	under Section 39.023(c) [instrument requirements for graduation].
340	340	SECTION 19. Section 37.008(m), Education Code, is amended
341	341	to read as follows:
342	342	(m) The commissioner shall adopt rules necessary to
343	343	evaluate annually the performance of each district's disciplinary
344	344	alternative education program established under this subchapter.
345	345	The evaluation required by this section shall be based on
346	346	indicators defined by the commissioner[, but must include student
347	347	performance on assessment instruments required under Sections
348	348	39.023(a) and (c)]. Academically, the mission of disciplinary
349	349	alternative education programs shall be to enable students to
350	350	perform at grade level.
351	351	SECTION 20. Section 39.023(c-2), Education Code, is amended
352	352	to read as follows:
353	353	(c-2) The agency may adopt end-of-course assessment
354	354	instruments for courses not listed in Subsection (c). A student's
355	355	performance on an end-of-course assessment instrument adopted
356	356	under this subsection is not subject to any [the] performance
357	357	requirements [established under Subsection (c) or Section 39.025].
358	358	SECTION 21. The heading to Section 39.025, Education Code,
359	359	is amended to read as follows:
360	360	Sec. 39.025. USE OF END-OF-COURSE ASSESSMENT INSTRUMENT
361	361	[SECONDARY-LEVEL PERFORMANCE REQUIRED].
362	362	SECTION 22. Section 39.025(a), Education Code, is amended
363	363	to read as follows:
364	364	(a) The commissioner shall adopt rules requiring a student
365	365	in the foundation high school program under Section 28.025 to be
366	366	administered an end-of-course assessment instrument listed in
367	367	Section 39.023(c) only for a course in which the student is enrolled
368	368	and for which an end-of-course assessment instrument is
369	369	administered. Each student's performance on an end-of-course
370	370	assessment instrument shall be evaluated to determine whether the
371	371	[A] student achieved [is required to achieve] a scale score that
372	372	indicates satisfactory performance, as determined by the
373	373	commissioner under Section 39.0241(a)[, on each end-of-course
374	374	assessment instrument administered to the student]. The results of
375	375	the administration of an end-of-course assessment instrument
376	376	required under this subsection may not be used as criteria for
377	377	graduation. The results may be used only for the purpose of
378	378	diagnosing the academic strengths and deficiencies of a student and
379	379	guiding specific instruction to the student. [For each scale score
380	380	required under this subsection that is not based on a 100-point
381	381	scale scoring system, the commissioner shall provide for
382	382	conversion, in accordance with commissioner rule, of the scale
383	383	score to an equivalent score based on a 100-point scale scoring
384	384	system. A student may not receive a high school diploma until the
385	385	student has performed satisfactorily on end-of-course assessment
386	386	instruments in the manner provided under this subsection. This
387	387	subsection does not require a student to demonstrate readiness to
388	388	enroll in an institution of higher education.]
389	389	SECTION 23. Section 39.034(d), Education Code, is amended
390	390	to read as follows:
391	391	(d) The agency shall determine the necessary annual
392	392	improvement required each year for a student to be prepared to
393	393	perform satisfactorily on, as applicable:
394	394	(1) the grade five assessment instruments;
395	395	(2) the grade eight assessment instruments; and
396	396	(3) the end-of-course assessment instruments listed
397	397	in Section 39.023(c) [required under this subchapter for
398	398	graduation].
399	399	SECTION 24. Section 39.053(c), Education Code, as amended
400	400	by Chapters 807 (H.B. 22), 842 (H.B. 2223), and 1088 (H.B. 3593),
401	401	Acts of the 85th Legislature, Regular Session, 2017, is reenacted
402	402	and amended to read as follows:
403	403	(c) School districts and campuses must be evaluated based on
404	404	three domains of indicators of achievement adopted under this
405	405	section that include:
406	406	(1) in the student achievement domain, indicators of
407	407	student achievement that must include:
408	408	(A) for evaluating the performance of districts
409	409	and campuses generally,[:
410	410	[(i)] an indicator that accounts for the
411	411	percentage of students promoted to the next grade level [results of
412	412	assessment instruments required under Sections 39.023(a), (c), and
413	413	(l), as applicable for the district and campus, including the
414	414	results of assessment instruments required for graduation retaken
415	415	by a student, aggregated across grade levels by subject area,
416	416	including:
417	417	[(a) for the performance standard
418	418	determined by the commissioner under Section 39.0241(a), the
419	419	percentage of students who performed satisfactorily on the
420	420	assessment instruments, aggregated across grade levels by subject
421	421	area; and
422	422	[(b) for the college readiness
423	423	performance standard as determined under Section 39.0241, the
424	424	percentage of students who performed satisfactorily on the
425	425	assessment instruments, aggregated across grade levels by subject
426	426	area; and
427	427	[(ii) an indicator that accounts for the
428	428	results of assessment instruments required under Section
429	429	39.023(b), as applicable for the district and campus, including the
430	430	percentage of students who performed satisfactorily on the
431	431	assessment instruments, as determined by the performance standard
432	432	adopted by the agency, aggregated across grade levels by subject
433	433	area]; and
434	434	(B) for evaluating the performance of high school
435	435	campuses and districts that include high school campuses,
436	436	indicators that account for:
437	437	(i) students who satisfy the Texas Success
438	438	Initiative (TSI) college readiness benchmarks prescribed by the
439	439	Texas Higher Education Coordinating Board under Section 51.334 on
440	440	an assessment instrument in reading or mathematics designated by
441	441	the coordinating board under that section;
442	442	(ii) students who satisfy relevant
443	443	performance standards on advanced placement tests or similar
444	444	assessments;
445	445	(iii) students who earn dual course credits
446	446	in the dual credit courses;
447	447	(iv) students who enlist in the armed
448	448	forces of the United States;
449	449	(v) students who earn industry
450	450	certifications;
451	451	(vi) students admitted into postsecondary
452	452	industry certification programs that require as a prerequisite for
453	453	entrance successful performance at the secondary level;
454	454	(vii) students whose successful completion
455	455	of a course or courses under Section 28.014 indicates the student's
456	456	preparation to enroll and succeed, without remediation, in an
457	457	entry-level general education course for a baccalaureate degree or
458	458	associate degree;
459	459	(viii) students who successfully met
460	460	standards on a composite of indicators that through research
461	461	indicates the student's preparation to enroll and succeed, without
462	462	remediation, in an entry-level general education course for a
463	463	baccalaureate degree or associate degree;
464	464	(ix) high school graduation rates, computed
465	465	in accordance with standards and definitions adopted in compliance
466	466	with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.)
467	467	subject to the exclusions provided by Subsections (g), (g-1),
468	468	(g-2), and (g-3);
469	469	(x) students who successfully completed an
470	470	OnRamps dual enrollment course; [and]
471	471	(xi) [the percentage of] students who
472	472	successfully completed a practicum or internship approved by the
473	473	State Board of Education; and
474	474	(xii) students who are awarded an associate
475	475	[associate's] degree;
476	476	(2) in the school progress domain, indicators for
477	477	effectiveness in promoting student learning, which must include[:
478	478	[(A) for assessment instruments, including
479	479	assessment instruments under Subdivisions (1)(A)(i) and (ii), the
480	480	percentage of students who met the standard for improvement, as
481	481	determined by the commissioner; and
482	482	[(B) for evaluating relative performance,] the
483	483	performance of districts and campuses compared to similar districts
484	484	or campuses; and
485	485	(3) in the closing the gaps domain, the use of
486	486	disaggregated data to demonstrate the differentials among students
487	487	from different racial and ethnic groups, socioeconomic
488	488	backgrounds, and other factors, including:
489	489	(A) students formerly receiving special
490	490	education services;
491	491	(B) students continuously enrolled; and
492	492	(C) students who are mobile.
493	493	SECTION 25. Section 39.054(b-1), Education Code, is amended
494	494	to read as follows:
495	495	(b-1) Consideration of the effectiveness of district
496	496	programs under Section 39.052(b)(2)(B) or (C):
497	497	(1) must[:
498	498	[(A)] be based on data collected through the
499	499	Public Education Information Management System (PEIMS) for
500	500	purposes of accountability under this chapter; and
501	501	[(B) include the results of assessments required
502	502	under Section 39.023; and]
503	503	(2) may be based on the results of a special
504	504	accreditation investigation conducted under Section 39.057.
505	505	SECTION 26. Section 39.055, Education Code, is amended to
506	506	read as follows:
507	507	Sec. 39.055. STUDENT ORDERED BY A JUVENILE COURT OR STUDENT
508	508	IN RESIDENTIAL FACILITY NOT CONSIDERED FOR ACCOUNTABILITY
509	509	PURPOSES. Notwithstanding any other provision of this code except
510	510	to the extent otherwise provided under Section 39.053(g-3), for
511	511	purposes of determining the performance of a school district,
512	512	campus, or open-enrollment charter school under this chapter, a
513	513	student ordered by a juvenile court into a residential program or
514	514	facility operated by or under contract with the Texas Juvenile
515	515	Justice Department, a juvenile board, or any other governmental
516	516	entity or any student who is receiving treatment in a residential
517	517	facility is not considered to be a student of the school district in
518	518	which the program or facility is physically located or of an
519	519	open-enrollment charter school, as applicable. The performance of
520	520	such a student on an [assessment instrument or other] achievement
521	521	indicator adopted under Section 39.053 or reporting indicator
522	522	adopted under Section 39.301 shall be determined, reported, and
523	523	considered separately from the performance of students attending a
524	524	school of the district in which the program or facility is
525	525	physically located or an open-enrollment charter school, as
526	526	applicable.
527	527	SECTION 27. Sections 39.301(c) and (d), Education Code, are
528	528	amended to read as follows:
529	529	(c) Indicators for reporting purposes must include:
530	530	(1) the percentage of graduating students who meet the
531	531	course requirements established by State Board of Education rule
532	532	for:
533	533	(A) the foundation high school program;
534	534	(B) the distinguished level of achievement under
535	535	the foundation high school program; and
536	536	(C) each endorsement described by Section
537	537	28.025(c-1);
538	538	(2) the results of the SAT, ACT, and certified
539	539	workforce training programs described by Chapter 311, Labor Code;
540	540	(3) the percentage of students, aggregated by grade
541	541	level and subject area, who satisfy each performance standard under
542	542	Section 39.0241 on assessment instruments required under:
543	543	(A) Section 39.023(a); and
544	544	(B) Section 39.023(c);
545	545	(4) for students who have failed to perform
546	546	satisfactorily, under each performance standard under Section
547	547	39.0241, on an assessment instrument required under Section
548	548	39.023(a) or (c), the performance of those students on subsequent
549	549	assessment instruments required under those sections, aggregated
550	550	by grade level and subject area;
551	551	(5) [(4)] for each campus, the number of students,
552	552	disaggregated by major student subpopulations, that take courses
553	553	under the foundation high school program and take additional
554	554	courses to earn an endorsement under Section 28.025(c-1),
555	555	disaggregated by type of endorsement;
556	556	(6) [(5)] the percentage of students, aggregated by
557	557	grade level, provided accelerated instruction under Section
558	558	28.0211 [28.0211(c), the results of assessment instruments
559	559	administered under that section, the percentage of students
560	560	promoted through the grade placement committee process under
561	561	Section 28.0211], the subject of the assessment instrument on which
562	562	each student failed to perform satisfactorily under each
563	563	performance standard under Section 39.0241, and the performance of
564	564	those students in the following school year [following that
565	565	promotion] on the assessment instruments required under Section
566	566	39.023;
567	567	(7) [(6)] the percentage of students of limited
568	568	English proficiency exempted from the administration of an
569	569	assessment instrument under Sections 39.027(a)(1) and (2);
570	570	(8) [(7)] the percentage of students in a special
571	571	education program under Subchapter A, Chapter 29, assessed through
572	572	assessment instruments developed or adopted under Section
573	573	39.023(b);
574	574	[(8) the percentage of students who satisfy the
575	575	college readiness measure;]
576	576	(9) the measure of progress toward dual language
577	577	proficiency under Section 39.034(b), for students of limited
578	578	English proficiency, as defined by Section 29.052;
579	579	(10) the percentage of students who are not
580	580	educationally disadvantaged;
581	581	(11) the percentage of students who enroll and begin
582	582	instruction at an institution of higher education in the school
583	583	year following high school graduation; and
584	584	(12) the percentage of students who successfully
585	585	complete the first year of instruction at an institution of higher
586	586	education without needing a developmental education course.
587	587	(d) Performance on the indicators described by Section
588	588	39.053(c) and Subsections (c)(3), (4), (5), and (9) must be based on
589	589	longitudinal student data that is disaggregated by the bilingual
590	590	education or special language program, if any, in which students of
591	591	limited English proficiency, as defined by Section 29.052, are or
592	592	former students of limited English proficiency were enrolled. If a
593	593	student described by this subsection is not or was not enrolled in
594	594	specialized language instruction, the number and percentage of
595	595	those students shall be provided.
596	596	SECTION 28. Section 39.305(b), Education Code, is amended
597	597	to read as follows:
598	598	(b) The report card shall include the following
599	599	information:
600	600	(1) where applicable, the achievement indicators
601	601	described by Section 39.053(c) and the reporting indicators
602	602	described by Sections 39.301(c)(1) through (6) [(5)];
603	603	(2) average class size by grade level and subject;
604	604	(3) the administrative and instructional costs per
605	605	student, computed in a manner consistent with Section 44.0071; and
606	606	(4) the district's instructional expenditures ratio
607	607	and instructional employees ratio computed under Section 44.0071,
608	608	and the statewide average of those ratios, as determined by the
609	609	commissioner.
610	610	SECTION 29. Section 39.332(b)(20), Education Code, is
611	611	amended to read as follows:
612	612	(20) The report must contain a comparison of the
613	613	performance of open-enrollment charter schools and school
614	614	districts on the achievement indicators described by Section
615	615	39.053(c) and [,] the reporting indicators described by Section
616	616	39.301(c), [and the accountability measures adopted under Section
617	617	39.053(i),] with a separately aggregated comparison of the
618	618	performance of open-enrollment charter schools predominantly
619	619	serving students at risk of dropping out of school, as described by
620	620	Section 29.081(d), with the performance of school districts.
621	621	SECTION 30. Effective September 1, 2019, the following
622	622	provisions of the Education Code are repealed:
623	623	(1) Section 19.0043(c);
624	624	(2) Section 21.4551(c);
625	625	(3) Sections 28.0211(a), (a-2), (b), (e), (f), (i-1),
626	626	(i-2), (n), (o), and (p);
627	627	(4) Section 28.025(d);
628	628	(5) Section 28.0255(h);
629	629	(6) Section 29.259(c);
630	630	(7) Section 30.104(c);
631	631	(8) Section 39.0231;
632	632	(9) Sections 39.025(a-1), (a-4), (b), (c), (c-1),
633	633	(c-2), (d), (e), (f), (f-1), (f-2), and (g);
634	634	(10) Section 39.025(a-2), as added by Chapter 1036
635	635	(H.B. 1613), Acts of the 84th Legislature, Regular Session, 2015;
636	636	and
637	637	(11) Sections 39.053(c-2), (c-3), (d), and (d-1).
638	638	SECTION 31. To the extent of any conflict, this Act prevails
639	639	over another Act of the 86th Legislature, Regular Session, 2019,
640	640	relating to nonsubstantive additions to and corrections in enacted
641	641	codes.
642	642	SECTION 32. This Act applies beginning with the 2019-2020
643	643	school year.
644	644	SECTION 33. Except as otherwise provided by this Act, this
645	645	Act takes effect immediately if it receives a vote of two-thirds of
646	646	all the members elected to each house, as provided by Section 39,
647	647	Article III, Texas Constitution. If this Act does not receive the
648	648	vote necessary for immediate effect, this Act takes effect
649	649	September 1, 2019.