By: Dutton (Senate Sponsor - Miles, West) H.B. No. 808
(In the Senate - Received from the House April 30, 2019;
May 3, 2019, read first time and referred to Committee on
Education; May 19, 2019, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 3;
May 19, 2019, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 808 By: Powell
A BILL TO BE ENTITLED
AN ACT
relating to the consideration of certain student differentials
based on sex under the public school accountability system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 the dual credit courses;
(iv) students who enlist in the armed
forces of the United States;
(v) students who 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; and
(xii) students who are awarded an associate
[associate's] degree;
(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:
(A) from different:
(i) racial and ethnic groups, including
African American and Hispanic students:
(a) considered as a whole; and
(b) disaggregated by sex; and
(ii) socioeconomic backgrounds; [,] and
(B) based on other relevant factors not described
by Paragraph (A), including:
(i) [(A)] students formerly receiving
special education services;
(ii) [(B)] students continuously enrolled;
and
(iii) [(C)] students who are mobile.
SECTION 2. Section 39.053, Education Code, is amended by
adding Subsection (i-1) to read as follows:
(i-1) Notwithstanding Subsection (c)(3)(A)(i)(b),
information reported under that sub-subparagraph may not be used by
the agency for accountability purposes before the accountability
ratings assigned for the 2022-2023 school year. This subsection
expires September 1, 2023.
SECTION 3. This Act applies beginning with the 2019-2020
school year.
SECTION 4. 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 5. 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.
* * * * *