By: Hinojosa H.B. No. 5181
A BILL TO BE ENTITLED
AN ACT
relating to a standard and set of indicators in the academic
accountability system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.053(a), Education Code, is amended to
read as follows:
(a) The commissioner shall adopt a set of indicators of the
quality of learning and achievement, including the indicators under
Subsection (c). The commissioner periodically shall review the
indicators for the consideration of appropriate revisions and
ensure a cut score necessary for a district to receive an "A".
(a-1) The indicators adopted by the commissioner under
Subsection (a) must measure and evaluate school districts and
campuses with respect to:
(1) improving student preparedness for success in:
(A) subsequent grade levels; and
(B) entering the workforce, the military, or
postsecondary education;
(2) reducing, with the goal of eliminating, student
academic achievement differentials among students from different
racial and ethnic groups and socioeconomic backgrounds; and
(3) informing parents and the community regarding
campus and district performance.
(b) Performance on the achievement indicators adopted under
Subsection (c) shall be compared to state-established standards.
The indicators must be based on information that is disaggregated
by race, ethnicity, and socioeconomic status.
(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 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-1) An indicator adopted under Subsection (c) that would
measure improvements in student achievement cannot negatively
affect the commissioner's review of a school district or campus if
that district or campus is already achieving at the highest level
for that indicator.
(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:
(1) 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
(2) performs satisfactorily on an assessment
instrument under Section 39.023(c), notwithstanding Subsection (d)
of this section.
(c-3) Any standard for improvement determined by the
commissioner as described by Subsection (c)(2)(A) must allow for
appropriately crediting a student for growth if the student
performs at the highest achievement standard in the previous and
current school year.
(d) For purposes of Subsection (c), the commissioner by rule
shall determine the period within which a student must retake an
assessment instrument for that assessment instrument to be
considered in determining the performance rating of the district
under Section 39.054.
(d-1) In aggregating results of assessment instruments
across grade levels by subject in accordance with Subsection
(c)(1)(A)(i), the performance of a student enrolled below the high
school level on an assessment instrument required under Section
39.023(c) is included with results relating to other students
enrolled at the same grade level.
(e) For purposes of Subsection (c)(3)(A), a student
formerly receiving special education services means a student whose
enrollment information:
(1) for the preceding school year, as reported through
the Public Education Information Management System (PEIMS),
indicates the student was enrolled at the campus and was
participating in a special education program; and
(2) for the current school year, as reported through
the Public Education Information Management System (PEIMS) and as
reported on assessment instruments administered to the student
under Section 39.023, indicates the student is enrolled at the
campus and is not participating in a special education program.
(f) Annually, the commissioner shall define the state
standard for the current school year for each achievement indicator
adopted under this section. In consultation with educators,
parents, and business and industry representatives, as necessary,
the commissioner shall establish and modify standards to
continuously improve student performance to achieve the goals of
eliminating achievement gaps based on race, ethnicity, and
socioeconomic status and to ensure this state is a national leader
in preparing students for postsecondary success.
SECTION 2. This Act applies beginning with the 2023-2024
school year.
SECTOIN 3. 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.