Texas 2021 - 87th Regular

Texas House Bill HB353 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~87R17073~~ MEW-D
	1	+	87R1766 MEW-D
2	2		By: Dutton H.B. No. 353
3		-	Substitute the following for H.B. No. 353:
4		-	By: Dutton C.S.H.B. No. 353
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the consideration of certain student differentials
10		-	based on racial and ethnic groups and sex under the public school
11		-	accountability system.
	8	+	based on sex under the public school accountability system.
12	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	10		SECTION 1. Section 39.053, Education Code, is amended by
14		-	amending Subsections (c) and (e) and adding ~~Subsections~~ (~~c-5~~) ~~and~~
15		-	~~(i-1) to~~ read as follows:
	11	+	amending Subsections (c) and (e) and adding Subsection (i-1) to
	12	+	read as follows:
16	13		(c) School districts and campuses must be evaluated based on
17	14		three domains of indicators of achievement adopted under this
18	15		section that include:
19	16		(1) in the student achievement domain, indicators of
20	17		student achievement that must include:
21	18		(A) for evaluating the performance of districts
22	19		and campuses generally:
23	20		(i) an indicator that accounts for the
24	21		results of assessment instruments required under Sections
25	22		39.023(a), (c), and (l), as applicable for the district and campus,
26	23		including the results of assessment instruments required for
27	24		graduation retaken by a student, aggregated across grade levels by
28	25		subject area, including:
29	26		(a) for the performance standard
30	27		determined by the commissioner under Section 39.0241(a), the
31	28		percentage of students who performed satisfactorily on the
32	29		assessment instruments, aggregated across grade levels by subject
33	30		area; and
34	31		(b) for the college readiness
35	32		performance standard as determined under Section 39.0241, the
36	33		percentage of students who performed satisfactorily on the
37	34		assessment instruments, aggregated across grade levels by subject
38	35		area; and
39	36		(ii) an indicator that accounts for the
40	37		results of assessment instruments required under Section
41	38		39.023(b), as applicable for the district and campus, including the
42	39		percentage of students who performed satisfactorily on the
43	40		assessment instruments, as determined by the performance standard
44	41		adopted by the agency, aggregated across grade levels by subject
45	42		area; and
46	43		(B) for evaluating the performance of high school
47	44		campuses and districts that include high school campuses,
48	45		indicators that account for:
49	46		(i) students who satisfy the Texas Success
50	47		Initiative (TSI) college readiness benchmarks prescribed by the
51	48		Texas Higher Education Coordinating Board under Section 51.334 on
52	49		an assessment instrument in reading or mathematics designated by
53	50		the coordinating board under that section;
54	51		(ii) students who satisfy relevant
55	52		performance standards on advanced placement tests or similar
56	53		assessments;
57	54		(iii) students who earn dual course credits
58	55		in the dual credit courses;
59	56		(iv) students who enlist in the armed
60	57		forces of the United States;
61	58		(v) students who earn industry
62	59		certifications;
63	60		(vi) students admitted into postsecondary
64	61		industry certification programs that require as a prerequisite for
65	62		entrance successful performance at the secondary level;
66	63		(vii) students whose successful completion
67	64		of a course or courses under Section 28.014 indicates the student's
68	65		preparation to enroll and succeed, without remediation, in an
69	66		entry-level general education course for a baccalaureate degree or
70	67		associate degree;
71	68		(viii) students who successfully met
72	69		standards on a composite of indicators that through research
73	70		indicates the student's preparation to enroll and succeed, without
74	71		remediation, in an entry-level general education course for a
75	72		baccalaureate degree or associate degree;
76	73		(ix) high school graduation rates, computed
77	74		in accordance with standards and definitions adopted in compliance
78	75		with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.)
79	76		subject to the exclusions provided by Subsections (g), (g-1),
80	77		(g-2), [and] (g-3), and (g-4);
81	78		(x) students who successfully completed an
82	79		OnRamps dual enrollment course;
83	80		(xi) students who successfully completed a
84	81		practicum or internship approved by the State Board of Education;
85	82		and
86	83		(xii) students who are awarded an associate
87	84		degree;
88	85		(2) in the school progress domain, indicators for
89	86		effectiveness in promoting student learning, which must include:
90	87		(A) for assessment instruments, including
91	88		assessment instruments under Subdivisions (1)(A)(i) and (ii), the
92	89		percentage of students who met the standard for improvement, as
93	90		determined by the commissioner; and
94	91		(B) for evaluating relative performance, the
95	92		performance of districts and campuses compared to similar districts
96	93		or campuses; and
97	94		(3) in the closing the gaps domain, the use of
98	95		disaggregated data to demonstrate the differentials among
99	96		students:
100	97		(A) from different:
101	98		(i) racial and ethnic groups, including
102		-	students who are African American, Hispanic, white, American
103		-	Indian, Asian, Pacific Islander, and two or more races:
	99	+	African American and Hispanic students:
104	100		(a) considered as a whole; and
105	101		(b) disaggregated by sex; and
106	102		(ii) socioeconomic backgrounds; [,] and
107	103		(B) based on other relevant factors not described
108	104		by Paragraph (A), including:
109	105		(i) [(A)] students formerly receiving
110	106		special education services;
111	107		(ii) [(B)] students continuously enrolled;
112	108		and
113	109		(iii) [(C)] students who are mobile.
114		-	(c-5) Notwithstanding Subsection (c)(3)(A)(i), if there is
115		-	a conflict between that subsection and a federal law or regulation
116		-	and the commissioner is unable to obtain the necessary waiver from
117		-	the conflicting federal law or regulation, information reported
118		-	under that subsection may only be used by the agency for purposes of
119		-	a performance-based monitoring analysis system or results-driven
120		-	accountability system adopted or implemented by the agency.
121	110		(e) For purposes of Subsection (c)(3)(B)(i) [(c)(3)(A)], a
122	111		student formerly receiving special education services means a
123	112		student whose enrollment information:
124	113		(1) for the preceding school year, as reported through
125	114		the Public Education Information Management System (PEIMS),
126	115		indicates the student was enrolled at the campus and was
127	116		participating in a special education program; and
128	117		(2) for the current school year, as reported through
129	118		the Public Education Information Management System (PEIMS) and as
130	119		reported on assessment instruments administered to the student
131	120		under Section 39.023, indicates the student is enrolled at the
132	121		campus and is not participating in a special education program.
133	122		(i-1) Notwithstanding Subsection (c)(3)(A)(i)(b),
134	123		information reported under that sub-subparagraph may not be used by
135	124		the agency for accountability purposes before the accountability
136	125		ratings assigned for the 2024-2025 school year. This subsection
137	126		expires September 1, 2025.
138		-	SECTION 2. (a) This Act takes effect on any date not later
139		-	than September 1, 2023, on which the commissioner of education:
140		-	(1) obtains any necessary waiver from the application
141		-	of federal law or regulation conflicting with Section 39.053,
142		-	Education Code, as amended by this Act; or
143		-	(2) receives written notification from the United
144		-	States Department of Education that a waiver is not required.
145		-	(b) This Act applies beginning with the first school year
146		-	that begins after the date on which this Act takes effect under
147		-	Subsection (a) of this section.
148		-	(c) If the commissioner of education obtains any necessary
149		-	waiver or receives written notification as described by Subsection
150		-	(a) of this section, the commissioner shall certify that the
151		-	commissioner has obtained the waiver or received notification that
152		-	a waiver is not required, as applicable, and shall publish notice of
153		-	that fact in the Texas Register as soon as practicable after
154		-	obtaining the waiver or receiving notification.
	127	+	SECTION 2. This Act applies beginning with the 2021-2022
	128	+	school year.
	129	+	SECTION 3. This Act takes effect immediately if it receives
	130	+	a vote of two-thirds of all the members elected to each house, as
	131	+	provided by Section 39, Article III, Texas Constitution. If this
	132	+	Act does not receive the vote necessary for immediate effect, this
	133	+	Act takes effect September 1, 2021.