Texas 2023 - 88th Regular

Texas House Bill HB2661 Compare Versions

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1	1	88R6139 JES-D
2	2	By: Rosenthal H.B. No. 2661
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 indicators of achievement under the
9	9	public school accountability system.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 28.0258(j), Education Code, is amended
12	12	to read as follows:
13	13	(j) Notwithstanding any action taken by an individual
14	14	graduation committee under this section, a school district shall
15	15	administer an end-of-course assessment instrument to any student
16	16	who fails to perform satisfactorily on an end-of-course assessment
17	17	instrument as provided by Section 39.025(b). [For purposes of
18	18	Section 39.053(c)(1), an assessment instrument administered as
19	19	provided by this subsection is considered an assessment instrument
20	20	required for graduation retaken by a student.]
21	21	SECTION 2. Section 29.062(a), Education Code, is amended to
22	22	read as follows:
23	23	(a) The legislature recognizes that compliance with this
24	24	subchapter is an imperative public necessity. Therefore, in
25	25	accordance with the policy of the state, the agency shall evaluate
26	26	the effectiveness of programs under this subchapter based on the
27	27	achievement indicators adopted under Section 39.053(c)[, including
28	28	the results of assessment instruments]. The agency may combine
29	29	evaluations under this section with federal accountability
30	30	measures concerning emergent bilingual students.
31	31	SECTION 3. Section 29.190(a), Education Code, is amended to
32	32	read as follows:
33	33	(a) A student is entitled to a subsidy under this section
34	34	if:
35	35	(1) the student:
36	36	(A) successfully completes the career and
37	37	technology program of a school district in which the student
38	38	receives training and instruction for employment; or
39	39	(B) is enrolled in a special education program
40	40	under Subchapter A; and
41	41	(2) the student passes a certification examination to
42	42	qualify for a license or certificate that is an industry
43	43	certification for purposes of Section 39.053(c)(1)(C)
44	44	[39.053(c)(1)(B)(v)], administered while the student is enrolled
45	45	in a school district.
46	46	SECTION 4. Section 39.033(b), Education Code, is amended to
47	47	read as follows:
48	48	(b) An agreement under this section must require the private
49	49	school to:
50	50	(1) as determined appropriate by the commissioner,
51	51	provide to the commissioner the information described by Section
52	52	[Sections 39.053(c) and] 39.301(c); and
53	53	(2) maintain confidentiality in compliance with
54	54	Section 39.030.
55	55	SECTION 5. Sections 39.053(c), (g), (g-1), (g-2), (g-3),
56	56	and (g-4), Education Code, are amended to read as follows:
57	57	(c) School districts and campuses must be evaluated based on
58	58	three domains of indicators of achievement adopted under this
59	59	section that include:
60	60	(1) in the student achievement domain, indicators of
61	61	student achievement that must include [:
62	62	[(A) for evaluating the performance of districts
63	63	and campuses generally:
64	64	[(i) an indicator that accounts for the
65	65	results of assessment instruments required under Sections
66	66	39.023(a), (c), and (l), as applicable for the district and campus,
67	67	including the results of assessment instruments required for
68	68	graduation retaken by a student, aggregated across grade levels by
69	69	subject area, including:
70	70	[(a) for the performance standard
71	71	determined by the commissioner under Section 39.0241(a), the
72	72	percentage of students who performed satisfactorily on the
73	73	assessment instruments, aggregated across grade levels by subject
74	74	area; and
75	75	[(b) for the college readiness
76	76	performance standard as determined under Section 39.0241, the
77	77	percentage of students who performed satisfactorily on the
78	78	assessment instruments, aggregated across grade levels by subject
79	79	area; and
80	80	[(ii) an indicator that accounts for the
81	81	results of assessment instruments required under Section
82	82	39.023(b), as applicable for the district and campus, including the
83	83	percentage of students who performed satisfactorily on the
84	84	assessment instruments, as determined by the performance standard
85	85	adopted by the agency, aggregated across grade levels by subject
86	86	area; and
87	87	[(B) for] evaluating the performance of high
88	88	school campuses and districts that include high school campuses,
89	89	indicators that account for:
90	90	(A) [(i) students who satisfy the Texas Success
91	91	Initiative (TSI) college readiness benchmarks prescribed by the
92	92	Texas Higher Education Coordinating Board under Section 51.334 on
93	93	an assessment instrument in reading or mathematics designated by
94	94	the coordinating board under that section;
95	95	[(ii) students who satisfy relevant
96	96	performance standards on advanced placement tests or similar
97	97	assessments;]
98	98	[(iii)] students who earn dual course
99	99	credits in the dual credit courses;
100	100	(B) [(iv)] students who enlist in the armed
101	101	forces of the United States or the Texas National Guard;
102	102	(C) [(v)] students who earn industry
103	103	certifications;
104	104	(D) [(vi)] students admitted into postsecondary
105	105	industry certification programs that require as a prerequisite for
106	106	entrance successful performance at the secondary level;
107	107	(E) [(vii)] students whose successful completion
108	108	of a course or courses under Section 28.014 indicates the student's
109	109	preparation to enroll and succeed, without remediation, in an
110	110	entry-level general education course for a baccalaureate degree or
111	111	associate degree;
112	112	(F) [(viii)] students who successfully met
113	113	standards on a composite of indicators that through research
114	114	indicates the student's preparation to enroll and succeed, without
115	115	remediation, in an entry-level general education course for a
116	116	baccalaureate degree or associate degree;
117	117	(G) [(ix)] high school graduation rates,
118	118	computed in accordance with standards and definitions adopted in
119	119	compliance with the Every Student Succeeds Act (20 U.S.C. Section
120	120	6301 et seq.) subject to the exclusions provided by Subsections
121	121	(g), (g-1), (g-2), (g-3), and (g-4);
122	122	(H) [(x)] students who successfully completed an
123	123	OnRamps dual enrollment course;
124	124	(I) [(xi)] students who successfully completed a
125	125	practicum or internship approved by the State Board of Education;
126	126	(J) [(xii)] students who are awarded an
127	127	associate degree; and
128	128	(K) [(xiii)] students who successfully completed
129	129	a program of study in career and technical education;
130	130	(2) in the school progress domain, indicators for
131	131	effectiveness in promoting student learning, which must include[:
132	132	[(A) for assessment instruments, including
133	133	assessment instruments under Subdivisions (1)(A)(i) and (ii), the
134	134	percentage of students who met the standard for improvement, as
135	135	determined by the commissioner; and
136	136	[(B) for] evaluating relative performance, by
137	137	comparing the performance of districts and campuses [compared] to
138	138	similar districts or campuses; and
139	139	(3) in the closing the gaps domain, the use of
140	140	disaggregated data to demonstrate the differentials among students
141	141	from different racial and ethnic groups, socioeconomic
142	142	backgrounds, and other factors, including:
143	143	(A) students formerly receiving special
144	144	education services;
145	145	(B) students continuously enrolled; and
146	146	(C) students who are mobile.
147	147	(g) In computing dropout and completion rates such as high
148	148	school graduation rates under Subsection (c)(1)(G)
149	149	[(c)(1)(B)(ix)], the commissioner may not consider as a dropout a
150	150	student whose failure to attend school results from:
151	151	(1) the student's expulsion under Section 37.007; and
152	152	(2) as applicable:
153	153	(A) adjudication as having engaged in delinquent
154	154	conduct or conduct indicating a need for supervision, as defined by
155	155	Section 51.03, Family Code; or
156	156	(B) conviction of and sentencing for an offense
157	157	under the Penal Code.
158	158	(g-1) In computing dropout and completion rates such as high
159	159	school graduation rates under Subsection (c)(1)(G)
160	160	[(c)(1)(B)(ix)], the commissioner shall exclude:
161	161	(1) students who are ordered by a court to attend a
162	162	high school equivalency certificate program but who have not yet
163	163	earned a high school equivalency certificate;
164	164	(2) students who were previously reported to the state
165	165	as dropouts, including a student who is reported as a dropout,
166	166	reenrolls, and drops out again, regardless of the number of times of
167	167	reenrollment and dropping out;
168	168	(3) students in attendance who are not in membership
169	169	for purposes of average daily attendance;
170	170	(4) students whose initial enrollment in a school in
171	171	the United States in grades 7 through 12 was as an unschooled asylee
172	172	or refugee as defined by Section 39.027(a-1);
173	173	(5) students who are detained at a county
174	174	pre-adjudication or post-adjudication juvenile detention facility
175	175	and:
176	176	(A) in the district exclusively as a function of
177	177	having been detained at the facility but are otherwise not students
178	178	of the district in which the facility is located; or
179	179	(B) provided services by an open-enrollment
180	180	charter school exclusively as the result of having been detained at
181	181	the facility;
182	182	(6) students who are incarcerated in state jails and
183	183	federal penitentiaries as adults and as persons certified to stand
184	184	trial as adults; and
185	185	(7) students who have suffered a condition, injury, or
186	186	illness that requires substantial medical care and leaves the
187	187	student:
188	188	(A) unable to attend school; and
189	189	(B) assigned to a medical or residential
190	190	treatment facility.
191	191	(g-2) In computing completion rates such as high school
192	192	graduation rates under Subsection (c)(1)(G) [(c)(1)(B)(ix)], the
193	193	commissioner shall exclude students who:
194	194	(1) are at least 18 years of age as of September 1 of
195	195	the school year as reported for the fall semester Public Education
196	196	Information Management System (PEIMS) submission and have
197	197	satisfied the credit requirements for high school graduation;
198	198	(2) have not completed their individualized education
199	199	program under 19 T.A.C. Section 89.1070(b)(2) and the Individuals
200	200	with Disabilities Education Act (20 U.S.C. Section 1400 et seq.);
201	201	and
202	202	(3) are enrolled and receiving individualized
203	203	education program services.
204	204	(g-3) In the computation of dropout and completion rates
205	205	such as high school graduation rates under Subsection (c)(1)(G)
206	206	[(c)(1)(B)(ix)], a student who is released from a juvenile
207	207	pre-adjudication secure detention facility or juvenile
208	208	post-adjudication secure correctional facility and fails to enroll
209	209	in school or a student who leaves a residential treatment center
210	210	after receiving treatment for fewer than 85 days and fails to enroll
211	211	in school may not be considered to have dropped out from the school
212	212	district or campus serving the facility or center unless that
213	213	district or campus is the one to which the student is regularly
214	214	assigned. The agency may not limit an appeal relating to dropout
215	215	computations under this subsection.
216	216	(g-4) For purposes of the computation of dropout and
217	217	completion rates such as high school graduation rates under
218	218	Subsection (c)(1)(G) [(c)(1)(B)(ix)], the commissioner shall
219	219	exclude a student who was reported as having dropped out of school
220	220	under Section 48.009(b-4), and the student may not be considered to
221	221	have dropped out from the school district or campus in which the
222	222	student was last enrolled.
223	223	SECTION 6. Sections 39.0548(b) and (c), Education Code, are
224	224	amended to read as follows:
225	225	(b) Notwithstanding Section 39.053(c)(1)(G)
226	226	[39.053(c)(1)(B)(ix)], the commissioner shall use the alternative
227	227	completion rate under this subsection to determine the graduation
228	228	rate indicator under Section 39.053(c)(1)(G) [39.053(c)(1)(B)(ix)]
229	229	for a dropout recovery school. The alternative completion rate
230	230	shall be the ratio of the total number of students who graduate,
231	231	continue attending school into the next academic year, or receive a
232	232	high school equivalency certificate to the total number of students
233	233	in the longitudinal cohort of students.
234	234	(c) Notwithstanding Section 39.053(c)(1)(G)
235	235	[39.053(c)(1)(B)(ix)], in determining the performance rating under
236	236	Section 39.054 of a dropout recovery school, the commissioner shall
237	237	include any student described by Section 39.053(g-1) who graduates
238	238	or receives a high school equivalency certificate.
239	239	SECTION 7. Section 39.055, Education Code, is amended to
240	240	read as follows:
241	241	Sec. 39.055. STUDENT ORDERED BY A JUVENILE COURT OR STUDENT
242	242	IN RESIDENTIAL FACILITY NOT CONSIDERED FOR ACCOUNTABILITY
243	243	PURPOSES. Notwithstanding any other provision of this code except
244	244	to the extent otherwise provided under Section 39.053(g-3), for
245	245	purposes of determining the performance of a school district,
246	246	campus, or open-enrollment charter school under this chapter, a
247	247	student ordered by a juvenile court into a residential program or
248	248	facility operated by or under contract with the Texas Juvenile
249	249	Justice Department, a juvenile board, or any other governmental
250	250	entity or any student who is receiving treatment in a residential
251	251	facility is not considered to be a student of the school district in
252	252	which the program or facility is physically located or of an
253	253	open-enrollment charter school, as applicable. The performance of
254	254	such a student on an [assessment instrument or other] achievement
255	255	indicator adopted under Section 39.053 or reporting indicator
256	256	adopted under Section 39.301 shall be determined, reported, and
257	257	considered separately from the performance of students attending a
258	258	school of the district in which the program or facility is
259	259	physically located or an open-enrollment charter school, as
260	260	applicable.
261	261	SECTION 8. Section 39.0552, Education Code, is amended to
262	262	read as follows:
263	263	Sec. 39.0552. MEMORANDUM OF UNDERSTANDING BETWEEN SCHOOL
264	264	DISTRICT AND STATE HOSPITAL FOR ACCOUNTABILITY PURPOSES. A
265	265	memorandum of understanding between a school district and a state
266	266	hospital under which the district provides educational services to
267	267	a student who resides in the state hospital must provide that the
268	268	school district include the performance of the student on an
269	269	[assessment instrument or other] achievement indicator adopted
270	270	under Section 39.053 or a reporting indicator adopted under Section
271	271	39.301 in determining the performance of that school district.
272	272	SECTION 9. The following provisions of the Education Code
273	273	are repealed:
274	274	(1) Sections 39.053(c-2), (c-3), (d), and (d-1); and
275	275	(2) Section 39.0548(d).
276	276	SECTION 10. This Act applies beginning with the 2024-2025
277	277	school year.
278	278	SECTION 11. This Act takes effect immediately if it
279	279	receives a vote of two-thirds of all the members elected to each
280	280	house, as provided by Section 39, Article III, Texas Constitution.
281	281	If this Act does not receive the vote necessary for immediate
282	282	effect, this Act takes effect September 1, 2023.