87R8076 CAE-F
By: González of El Paso H.B. No. 3290
A BILL TO BE ENTITLED
AN ACT
relating to public school accountability.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.053, Education Code, is amended by
amending Subsection (c) and adding Subsection (c-4) to read as
follows:
(c) School districts and campuses must be evaluated based on
four [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;
(xi) students who successfully completed a
practicum or internship approved by the State Board of Education;
and
(xii) students who are awarded an associate
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
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; and
(4) in the school portfolio domain for evaluating the
performance of districts and campuses generally, indicators of
school portfolio, which must include:
(A) students who successfully complete courses
in fine arts, physical education, or a language other than English,
or other courses included in the enrichment curriculum under
Section 28.002(a)(2);
(B) students who participate in extracurricular
activities, including University Interscholastic League activities
such as academic, fine arts, and athletic events and foreign
language, chess, and robotics clubs;
(C) students who successfully complete the
distinguished level of achievement under Section 28.025(b-7);
(D) students who successfully complete at least
one endorsement under Section 28.025(c-1);
(E) students who successfully complete a
coherent sequence of fine arts courses;
(F) students who successfully complete a
character education program provided under Section 29.906;
(G) educationally disadvantaged students who
successfully complete a postsecondary readiness course;
(H) results from the school and student safety
survey of districts and campuses administered under Section
39.0531;
(I) efforts by districts and campuses relating to
increasing teacher retention, including providing mentoring
programs and professional development opportunities;
(J) health and wellness as determined by the
commissioner in consultation with the State Board of Education and
any appropriate advisory committees;
(K) for campuses that serve students enrolled in
prekindergarten, an indicator that accounts for student
participation in full-day prekindergarten programs;
(L) students in grades five, six, seven, and
eight who earn credit for advanced courses;
(M) students enrolled in grade nine for the first
time who earn the credits required during that school year for
promotion to the next grade level; and
(N) students who are absent, as defined by
Subsection (c-4), fewer than 15 days during the current school
year.
(c-4) In Subsection (c)(4)(N), "absent" means the student
is not physically on school grounds and is not participating in
instruction or instruction-related activities at an approved
off-campus location for the school day, without regard to whether
the absence is excused or unexcused.
SECTION 2. Subchapter C, Chapter 39, Education Code, is
amended by adding Section 39.0531 to read as follows:
Sec. 39.0531. SCHOOL AND STUDENT SAFETY SURVEY. (a) The
commissioner may incorporate a school and student safety survey as
an indicator for the portfolio domain under Section 39.053(c)(4).
A school and student safety survey shall be administered to
administrators and teachers employed by school districts, students
enrolled in school districts, and parents of those students.
(b) The commissioner may adopt rules to implement this
section, including rules to:
(1) determine the format of the survey;
(2) determine the questions that the survey must
include;
(3) establish a period during a school year in which
the survey must be conducted;
(4) establish requirements for administering and
reporting the results of the survey; and
(5) authorize the manner in which the survey may be
administered, including the local administration of the survey.
(c) Notwithstanding any other provision of this code,
including Section 21.355, school and student safety survey
information must be reported to the agency in accordance with rules
adopted by the commissioner.
(d) The commissioner may contract with a third party to
provide any service necessary under this section.
SECTION 3. Section 39.054(a-1), Education Code, is amended
to read as follows:
(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 F in either
domain, in which case the district or campus may not be assigned a
performance rating higher than 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); and
(3) attribute not less than 20 percent of the
performance rating to the school portfolio domain under Section
39.053(c)(4).
SECTION 4. 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, 2021.