By: Bell of Kaufman H.B. No. 4402
A BILL TO BE ENTITLED
AN ACT
relating to the changes to the high school graduation requirements
and accountability rating system for assessing campus and district
performance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.186, Education Code, is amended by
amending Subsection (b) to read as follows:
(b) Each plan adopted under Subsection (a) must:
(1) identify annual goals for students in each group
evaluated under the closing the gaps domain under Section
39.053(c)(3);
(2) include annual goals for aggregate student growth
on college, career, and military readiness indicators evaluated
[under the student achievement domain] under Section 39.053(c)(1)
and Section 39.053(c)(3);
(3) assign at least one district-level administrator
or employee of the regional education service center for the
district's region to:
(A) coordinate implementation of the plan;
(B) submit an annual report to the board of
trustees on the district's progress toward the goals set under the
plan; and
(4) be reviewed annually by the board of trustees at a
public meeting.
SECTION 2. Section 12.104, Education Code, is amended by
amending Subsection (b-3) to read as follows:
(b-3) An open-enrollment charter school is subject to the
graduation qualification procedure established by the commissioner
under Section 28.02511 [28.02541].
SECTION 3. Section 12.257, Education Code, is amended by
amending Subsection (b) to read as follows:
(1) include a description of the adult education
program to be offered under this subchapter; and
(2) establish specific, objective standards for
receiving a high school diploma, including[:
(A) ] successful completion of:
(A) [(i)] if applicable to the program
participant, the curriculum requirements under Section 28.025; or
(B) [(ii)] the appropriate curriculum
requirements applicable to the program participant.[; and]
[(B) satisfactory performance on the
standardized secondary exit-level assessment instrument described
by Section 12.260.]
SECTION 4. Section 12.258, Education Code, is amended by
amending Subsection (a) to read as follows:
(a) A person who is at least 18 years of age and not more
than 50 years of age is eligible to enroll in an adult education
program operated under a charter granted under this subchapter if
the person[:]
[(1)]has failed to complete the curriculum requirements
for high school graduation.[; or]
[(2) has failed to perform satisfactorily on an
assessment instrument required for high school graduation.]
SECTION 5. Section 12.260, Education Code, is amended by
amending Subsection (b) to read as follows:
(b) The commissioner, in cooperation with the advisory
committee established under Section 12.254, shall determine the
level of performance considered to be satisfactory on the secondary
exit-level assessment instrument adopted under Subsection (a).
Satisfactory performance on the assessment under Subsection (a) is
not required for receipt of a high school diploma by a program
participant in an adult education program operated under a charter
granted under this subchapter.
SECTION 6. The heading for Section 19.0043, Education Code,
is amended to read as follows:
Sec. 19.0043. CREDIT FOR COMPLETION OF EDUCATIONAL
PROGRAMS; HIGH SCHOOL DIPLOMA [AND CERTIFICATE].
SECTION 7. Section 19.0043, Education Code, is amended by
amending Subsection (b) to read as follows:
(b) A student may graduate and receive a diploma from a
Windham School District educational program if:
(1) the student successfully completes the curriculum
requirements identified by the State Board of Education under
Section 28.025(a) [and complies with Section 39.025]; or
(2) the student successfully completes the curriculum
requirements under Section 28.025(a) as modified by an
individualized education program developed under Section 29.005.
SECTION 8. Section 25.005, Education Code, is amended by
amending Subsection (b) to read as follows:
(b) A reciprocity agreement must:
(1) address procedures for:
(A) transferring student records; and
(B) awarding credit for completed course work;
and
[(C) permitting a student to satisfy the
requirements of Section 39.025 through successful performance on
comparable end-of-course or other exit-level assessment
instruments administered in another state; and]
(2) include appropriate criteria developed by the
agency.
SECTION 9. The heading to Section 28.025, Education Code,
is amended to read as follows:
Sec. 28.025. HIGH SCHOOL DIPLOMA [AND CERTIFICATE];
ACADEMIC ACHIEVEMENT RECORD.
SECTION 10. Section 28.025, Education Code, is amended by
amending Subsection (e) to read as follows:
(e) Each school district shall report the academic
achievement record of students who have completed the foundation
high school program on transcript forms adopted by the State Board
of Education. [The transcript forms adopted by the board must be
designed to clearly identify whether a student received a diploma
or a certificate of coursework completion.]
SECTION 11. Subchapter B, Chapter 28, Education Code, is
amended by adding Section 28.02511 to read as follows:
Sec. 28.02511. HIGH SCHOOL DIPLOMA FOR CERTAIN STUDENTS WHO
FAILED TO GRADUATE PRIOR TO 2023-2024 SCHOOL YEAR.
(a) A person no longer attending a public school who failed
to graduate solely due to failure to perform satisfactorily on an
end-of-course assessment or a state assessment previously required
for graduation, and who otherwise met all applicable requirements
for graduation, qualifies to receive a high school diploma.
(b) A school district or open-enrollment charter school
must provide a high school diploma if requested by a former student
of the school district or open-enrollment charter school who
qualifies under this section. The agency may adopt policies and
procedures under this section if the agency determines that
policies and procedures are necessary to ensure availability of the
option under this section.
SECTION 12. Section 28.0255, Education Code, is amended by
amending Subsection (g) to read as follows[:]
(g) A student is entitled to a high school diploma if the
student[:]
[(1)] successfully complies with the curriculum
requirements specified under Subsection (e)[; and]
[(2) performs satisfactorily, as determined by the
commissioner under Subsection (h), on end-of-course assessment
instruments listed under Section 39.023(c) for courses in which the
student was enrolled.]
SECTION 13. Section 29.187, Education Code, is amended by
amending Subsection (b) to read as follows:
(b) An award granted under this section is not in lieu of a
diploma [or certificate of coursework completion] issued under
Section 28.025.
SECTION 14. Section 29.402, Education Code, is amended by
amending Subsections (b) and (c) to read as follows:
(b) A person who is under 26 years of age is eligible to
enroll in a dropout recovery program under this subchapter if the
person[:]
[(1)] must complete not more than three course credits
to complete the curriculum requirements for the foundation high
school program for high school graduation.[; or]
[(2) has failed to perform satisfactorily on an
end-of-course assessment instrument administered under Section
39.023(c) or an assessment instrument administered under Section
39.023(c) as that section existed before amendment by Chapter 1312
(S.B. 1031), Acts of the 80th Legislature, Regular Session, 2007.]
(c) A public junior college under this section shall:
(1) design a dropout recovery curriculum that includes
career and technology education courses that lead to industry or
career certification;
(2) integrate into the dropout recovery curriculum
research-based strategies to assist students in becoming able
academically to pursue postsecondary education, including:
(A) high-quality, college-readiness instruction
with strong academic and social supports;
(B) secondary to postsecondary bridging that
builds college readiness skills, provides a plan for college
completion, and ensures transition counseling; and
(C) information concerning appropriate supports
available in the first year of postsecondary enrollment to ensure
postsecondary persistence and success, to the extent funds are
available for the purpose;
(3) offer advanced academic and transition
opportunities, including dual credit courses and college
preparatory courses, such as advanced placement courses; and
(4) coordinate with each partnering school district to
provide in the articulation agreement that the district retains
accountability for student attendance, and student completion of
high school course requirements[, and student performance on
assessment instruments] as necessary for the student to receive a
diploma from a high school of the partnering school district.
SECTION 15. Section 30.021, Education Code, is amended by
amending Subsection (e) to read as follows:
(e) The school shall cooperate with public and private
agencies and organizations serving students and other persons with
visual impairments in the planning, development, and
implementation of effective educational and rehabilitative service
delivery systems associated with educating students with visual
impairments. To maximize and make efficient use of state
facilities, funding, and resources, the services provided in this
area may include conducting a cooperative program with other
agencies to serve students who have graduated from high school by
completing all academic requirements applicable to students in
regular education, [excluding satisfactory performance under
Section 39.025, ]who are younger than 22 years of age on September 1
of the school year and who have identified needs related to
vocational training, independent living skills, orientation and
mobility, social and leisure skills, compensatory skills, or
remedial academic skills.
SECTION 16. The heading to Section 30.104, Education Code,
is amended to read as follows:
Sec. 30.104. CREDIT FOR COMPLETION OF EDUCATIONAL PROGRAMS;
HIGH SCHOOL DIPLOMA. [AND CERTIFICATE]
SECTION 17. Section 30.104, Education Code, is amended by
amending Subsection (b) to read as follows:
(b) A student may graduate and receive a diploma from a
department educational program if:
(1) the student successfully completes the curriculum
requirements identified by the State Board of Education under
Section 28.025(a) [and complies with Section 39.025]; or
(2) the student successfully completes the curriculum
requirements under Section 28.025(a) as modified by an
individualized education program developed under Section 29.005.
SECTION 18. Section 32.258, Education Code, is amended by
amending Subsection (b) to read as follows:
(b) The system established under Subsection (a) shall
provide a means for a student or the student's parent or other
person standing in parental relationship to track the student's
progress on assessment instruments [requirements for graduation].
SECTION 19. Section 33.0812, Education Code, is amended by
amending Subsection (a) to read as follows:
(a) The commissioner [State Board of Education] by rule
shall prohibit participation in a University Interscholastic
League area, regional, or state competition[:]
[(1)] on any day [Monday through Thursday] of the
school week in which the primary administration of assessment
instruments under Section 39.023(a), (c), or (l) is the only day on
which that assessment instrument is administered [occurs].[; or]
[(2) if the primary administration of the assessment
instruments is completed before Thursday of the school week,
beginning on Monday and ending on the last school day on which the
assessment instruments are administered.]
SECTION 20. Section 38.103, Education Code, is amended by
amending Subsection (a) and adding Subsections (c) and (d) to read
as follows:
(a) A school district shall provide the results of
individual student performance on the physical fitness assessment
required by this subchapter to the agency. The agency may collect
only that physical fitness data necessary to implement Section
39.053. [The results may not contain the names of individual
students or teachers or a student's social security number or date
of birth.]
(b) The results of individual student performance on the
physical fitness assessment instrument are confidential and may be
released only in accordance with state and federal law.
(c) Prior to the start of the 2027-2028 school year, and for
the purpose of evaluating school district and campus performance
under Section 39.053(c)(1) beginning with the 2027-2028 school
year, the agency shall:
(1) adopt and incorporate an indicator that accounts
for performance on physical fitness assessments administered and
reported in accordance with this section;
(2) require participation in a pilot of the indicator;
and
(3) require a school district or campus to implement
components and report requested information necessary to develop
and implement the indicator required under this section.
(d) The commissioner shall adopt rules as necessary for the
implementation and administration of this section.
SECTION 21. Section 39.023, Education Code is amended by
amending Subsections (a), (c), (c-1), (c-3), (e), (h), (i), and (o)
to read as follows:
(a) The agency shall adopt or develop appropriate
criterion-referenced assessment instruments designed to assess
essential knowledge and skills in reading, mathematics, [social
studies,] and science. Except as provided by Subsection (a-2), all
students, other than students assessed under Subsection (b) or (l)
or exempted under Section 39.027, shall be assessed in:
(1) mathematics, annually in grades three through
eight;
(2) reading, annually in grades three through eight;
(3) [social studies, in grade eight;]
[(4)] science, in grades five and eight; and
(4) [(5)] any other subject and grade required by
federal law.
(c) The agency shall also adopt end-of-course assessment
instruments for secondary-level courses in Algebra I, biology, and
English I [, English II, and United States history]. The Algebra I
end-of-course assessment instrument must be administered with the
aid of technology, but may include one or more parts that prohibit
the use of technology. The English I [and English II] end-of-course
assessment instruments must [each] assess essential knowledge and
skills in both reading and writing and must provide a single score.
A school district shall comply with agency [State Board of
Education] rules regarding administration of the assessment
instruments listed in this subsection. If a student is in a special
education program under Subchapter A, Chapter 29, the student's
admission, review, and dismissal committee shall determine whether
any allowable modification is necessary in administering to the
student an assessment instrument required under this subsection.
The agency [State Board of Education] shall administer the
assessment instruments. An end-of-course assessment instrument may
be administered in multiple parts over more than one day. The agency
[State Board of Education] shall adopt a schedule for the
administration of end-of-course assessment instruments that
complies with the requirements of Subsection (c-3).
(c-1) The agency shall develop any assessment instrument
required under this section in a manner that allows for the
measurement of annual improvement in student achievement as
required by Sections 39.034(c) [and (d)].
(c-3) Except as provided by Subsection (c-7) or as otherwise
provided by this subsection, in adopting a schedule for the
administration of assessment instruments under this section, the
agency [State Board of Education] shall ensure that assessment
instruments administered under Subsection (a) or (c) are not
administered on the first instructional day of a week. On request by
a school district or open-enrollment charter school, the
commissioner may allow the district or school to administer an
assessment instrument required under Subsection (a) or (c) on the
first instructional day of a week if administering the assessment
instrument on another instructional day would result in a
significant administrative burden due to specific local
conditions.
(e) Under rules adopted by the agency [State Board of
Education], every [third] year, the agency shall release the
questions and answer keys to each assessment instrument
administered under Subsection (a), (b), (c), [(d),] or (l),
excluding any assessment instrument administered to a student for
the purpose of retaking the assessment instrument, after the last
time the instrument is administered for that school year. To ensure
a valid bank of questions for use each year, the agency is not
required to release a question that is being field-tested and was
not used to compute the student's score on the instrument. The
agency shall also release, under board rule, each question that is
no longer being field-tested and that was not used to compute a
student's score. [During the 2014-2015 and 2015-2016 school years,
the agency shall release the questions and answer keys to
assessment instruments as described by this subsection each year.]
(h) The agency shall notify school districts and campuses of
the results of assessment instruments administered under this
section not later than the 21st day after the date the assessment
administration window closes, unless validity and reliability
standards require otherwise [instrument is administered]. The
school district shall disclose to each district teacher the results
of assessment instruments administered to students taught by the
teacher in the subject for the school year in which the assessment
instrument is administered.
(i) The provisions of this section[, except Subsection
(d),] are subject to modification by rules adopted under Section
39.022. Each assessment instrument adopted under those rules [and
each assessment instrument required under Subsection (d)] must be
reliable and valid and must meet any applicable federal
requirements for measurement of student progress.
(o) The agency shall adopt or develop optional interim
assessment instruments for each subject or course for each grade
level subject to assessment under this section that has not been
implemented as a through-year assessment as described in Section
39.0236. A school district or open-enrollment charter school may
not be required to administer interim assessment instruments
adopted or developed under this subsection. An interim assessment
instrument:
(1) must be:
(A) when possible, predictive of the assessment
instrument for the applicable subject or course for that grade
level required under this section; and
(B) administered electronically; and
(2) may not be used for accountability purposes.
SECTION 22. The heading to Section 39.0236, Education Code,
is amended to read as follows:
Sec. 39.0236. INTEGRATED FORMATIVETHROUGH-YEAR ASSESSMENT
PILOT PROGRAM.
SECTION 23. Section 39.0236, Education Code, is amended by
amending Subsections (a), (b), and (c) to read as follows:
(a) Each assessment instrument required under Section
39.023(a), (c), or (l) must be developed as a through-year [an
integrated formative] assessment, unless otherwise provided by
commissioner rule. A through-year assessment instrument shall
consist of no less than three test administrations during a single
school year. [The agency shall establish a pilot program in which
participating school districts administer to students integrated
formative assessment instruments for subjects or courses for a
grade level subject to assessment under Section 28.006 or 39.023.]
(b) The agency shall develop and implement a transition plan
to administer all assessment instruments required under Sections
39.023(a), and (l) as through-year assessment instruments for the
purpose of evaluating school district and campus performance under
this subchapter and Section 39.053(c) beginning with the 2027-2028
school year. The plan must:
(1) identify changes to state law or policy necessary
to improve the use of through-year assessment instruments;
(2) evaluate the state's experience with through-year
assessments, including any improvement in instructional support;
and
(3) identify and evaluate actions to be taken by the
state to improve the administration of through-year assessments.
[A school district may elect to participate in the pilot
program.]
(c) The agency may require districts to participate in
piloting through-year assessments and report information as
necessary to implement the through-year assessment instruments
under this section. [A school district's participation in the pilot
program does not affect the district's obligations regarding the
administration of assessment instruments required under Section
39.023.]
SECTION 24. The heading to Section 39.025, Education Code,
is amended to read as follows:
Sec. 39.025. SECONDARY-LEVEL ASSESSMENT [PERFORMANCE]
REQUIRED.
SECTION 25. Section 39.025, Education Code, is amended by
amending Subsections (a), to read as follows:
(a) The commissioner shall adopt rules requiring a student
in the foundation high school program under Section 28.025 to be
administered an end-of-course assessment instrument listed in
Section 39.023(c) only for a course in which the student is enrolled
and for which an end-of-course assessment instrument is
administered. [A student is required to achieve a scale score that
indicates satisfactory performance, as determined by the
commissioner under Section 39.0241(a), on each end-of-course
assessment instrument administered to the student. For each scale
score required under this subsection that is not based on a
100-point scale scoring system, the commissioner shall provide for
conversion, in accordance with commissioner rule, of the scale
score to an equivalent score based on a 100-point scale scoring
system. A student may not receive a high school diploma until the
student has performed satisfactorily on end-of-course assessment
instruments in the manner provided under this subsection. This
subsection does not require a student to demonstrate readiness to
enroll in an institution of higher education.]
SECTION 26. Section 39.029, Education Code is amended to
read as follows:
Sec. 39.029. MIGRATORY CHILDREN. The agency [State Board
of Education] by rule may provide alternate dates for the
administration of the assessment instruments to a student who is a
migratory child as defined by 20 U.S.C. Section 6399. The alternate
dates may be chosen following a consideration of migrant work
patterns, and the dates selected may afford maximum opportunity for
the students to be present when the assessment instruments are
administered.
SECTION 27. Section 39.035, Education Code, is amended by
amending Subsection (a) to read as follows:
(a) Subject to Subsection (b), the agency may conduct field
testing of questions for any assessment instrument administered
under Section 39.023(a), (b), (c), [(d),] or (l) that is separate
from the administration of the assessment instrument not more
frequently than every other school year.
SECTION 28. Section 39.053, Education Code, is amended by
amending Subsections (c) and (c-2) and by adding (c-4), (c-5), and
(c-6) 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 in grade levels as relevant [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]
(iii) an indicator, adopted and implemented
in accordance with Section 39.0533, that accounts for
extracurricular and cocurricular student success;
(iv) an indicator, adopted and incorporated
in accordance with Section 39.0534, that accounts for parent and
student satisfaction; and
(v) an indicator, adopted and incorporated
in accordance with Section 38.103, that accounts for performance on
physical fitness assessments under Subchapter C, Chapter 38; 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 or the Texas National Guard;
(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), (g-3), and (g-4);
(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;
(xii) students who are awarded an associate
degree; and
(xiii) students who successfully completed
a program of study in career and technical education;
(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.]
(c-2) The commissioner by rule shall determine a method by
which a student's performance may be included in determining the
performance rating of a school district or campus under Section
39.054 if, before the student graduates, the student satisfies the
Texas Success Initiative (TSI) college readiness benchmarks
prescribed by the Texas Higher Education Coordinating Board under
Section 51.334 on an assessment instrument designated by the
coordinating board under that section[; or performs satisfactorily
an assessment instrument under Section 39.023(c), notwithstanding
Subsection (d) of this section].
(c-4) Notwithstanding any other provision, an indicator
adopted under Subsection (c) shall be valid and reliable as
determined both by the commissioner and by peer review.
(c-5) In developing accountability rating standards, the
commissioner shall ensure that, in the domains under Subsection
(c)(1), indicators that account for student performance on required
assessment instruments, including Subsections (c)(1)(A)(i) and
(ii), shall, collectively, contribute no more than:
(1) sixty percent of the score received by a campus
serving grades 3 through 8 under any single domain; and
(2) forty percent of the score received by a campus
serving grades 9-12 under any single domain.
(c-6) In developing the indicator under this section, the
commissioner shall account for average wage levels and available
work opportunities. In determining average wage levels and
available work opportunities, the commissioner shall collaborate
with the industry-based certification advisory council established
under Chapter 312, Texas Labor Code.
SECTION 29. Section 39.0533, Education Code, is amended by
amending Subsections (a), (b), and (c) to read as follows:
(a) Prior to the start of the 2027-2028 school year, and for
the purpose of [The commissioner shall study the feasibility of
incorporating for] evaluating school district and campus
performance under this subchapter and Section 39.053(c)(1)
beginning with the 2027-2028 school year, the commissioner shall:
(1) adopt and incorporate an indicator that accounts
for student participation in extracurricular and cocurricular
[student] activities[y];
(2) require participation in a pilot of the indicator;
and
(3) require a school district or campus to implement
components and report requested information necessary to develop
and implement the indicator required under this section. [If the
commissioner determines that an extracurricular and cocurricular
student activity indicator is appropriate, the commissioner may
adopt the indicator.]
(b) [To determine the feasibility of adopting an indicator
under this section, the commissioner may require a school district
or campus report requested information relating to extracurricular
and cocurricular student activity.]
[(c)] The commissioner shall [may] establish an advisory
committee to assist in developing and [determining the feasibility
of] incorporating [an extracurricular and cocurricular student
activity] the indicator under Subsection (a) [for evaluating school
district and campus performance].
SECTION 30. Subchapter C, Chapter 39, Education Code, is
amended by adding Section 39.0534 to read as follows:
Sec. 39.0534. STUDENT AND PARENT SATISFACTION INDICATOR.
(a) Prior to the start of the 2027-2028 school year, and for the
purpose of evaluating school district and campus performance under
this subchapter and Section 39.053(c)(1) beginning with the
2027-2028 school year, the commissioner shall:
(1) adopt and incorporate an indicator that accounts
for student and parent satisfaction measured through the
administration of one or more instruments developed in accordance
with Subsection (c);
(2) require participation in a pilot of the indicator;
and
(3) require a school district or campus to implement
components and report requested information necessary to develop
and implement the indicator required under this section.
(b) The commissioner shall establish an advisory committee
to assist in developing and incorporating an indicator under
Subsection (a).
(c) The State Board of Education must approve the content of
any canvass of satisfaction under this section prior to its use by
schools.
SECTION 31. Subchapter C, Chapter 39, Education Code, is
amended by adding Section 39.0547 to read as follows:
Sec. 39.0547. LOCAL ACCOUNTABILITY SYSTEM GRANT PROGRAM.
(a) From funds appropriated, the agency shall provide grants for
planning and implementation of local accountability systems under
Section 39.0544.
SECTION 32. Section 39.0548, Education Code, is amended by
amending Subsection (d) to read as follows:
(d) Notwithstanding Section 39.053(c), for purposes of
evaluating a dropout recovery school under the accountability
procedures adopted by the commissioner to determine the performance
rating of the school under Section 39.054, only the best result from
the primary administration [or any retake of an assessment
instrument administered to a student] in the school year evaluated
may be considered.
SECTION 33. The following provisions of the Education Code
are repealed:
(1) Section 12.104(b-2);
(2) Section 12.260(c);
(3) Section 19.0043(c);
(4) Section 28.025(c-6) and (d);
(5) Section 28.02541;
(6) Section 28.0255(h);
(7) Section 28.0258;
(8) Section 28.0259;
(9) Section 28.02591;
(10) Section 29.081(b), (b-1), (b-2) and (b-3);
(11) Section 30.104(c);
(12) Section 33.0812(e);
(13) Section 39.003(a)(15);
(14) Section 39.023(c-2), (c-9), (d), and (g);
(15) Section 39.0236(d);
(16) Section 39.025(a-1), (a-2), (a-3), (a-4), (a-5),
(b), (b-1), (c), (c-1), (c-2), (d), (e), (f), (f-1), (f-2) and (g);
(17) Section 39.034(d) and (d-1);
(18) Section 39.053(d); and
(19) 39.0533(d) and (e).
SECTION 34. If any provision of this Act or its application
to any person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of this Act that can be
given effect without the invalid provision or application, and to
this end the provisions of this Act are declared to be severable.
SECTION 35. 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, 2023.