Texas 2023 88th Regular

Texas Senate Bill SB789 Introduced / Bill

Filed 02/08/2023

                    88R923 TSS-F
 By: Johnson S.B. No. 789


 A BILL TO BE ENTITLED
 AN ACT
 relating to indicators of achievement, assignment of campus
 performance ratings, and academic distinction designations under
 the public school accountability system.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 39.053(c), Education Code, is amended 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 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; and
 (xiv)  students who successfully completed a
 Pathways in Technology Early College High School (P-TECH) program
 established under Subchapter N, Chapter 29, or another early
 college high school program;
 (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.
 SECTION 2.  Section 39.0544(a), Education Code, is amended
 to read as follows:
 (a)  The commissioner shall adopt rules regarding the
 assignment of campus performance ratings by school districts and
 open-enrollment charter schools.  The rules:
 (1)  must require a district or school, in assigning an
 overall performance rating for a campus, to incorporate:
 (A)  domain performance ratings assigned by the
 commissioner under Section 39.054; [and]
 (B)  performance ratings based on locally
 developed domains or sets of accountability measures; and
 (C)  any distinction designations awarded to the
 campus under Subchapter G;
 (2)  may permit a district or school to assign weights
 to each domain, [or] set of accountability measures, or distinction
 designations described in Subdivision (1), as determined by the
 district or school, provided that the domains specified in
 Subdivision (1)(A) must in the aggregate account for at least 50
 percent of the overall performance rating;
 (3)  must require that each locally developed domain or
 set of accountability measures:
 (A)  contains levels of performance that allow for
 differentiation, with assigned standards for achieving the
 differentiated levels;
 (B)  provides for the assignment of a letter grade
 of A, B, C, D, or F; and
 (C)  meets standards for reliability and
 validity;
 (4)  must require that calculations for overall
 performance ratings and each locally developed domain or set of
 accountability measures be capable of being audited by a third
 party;
 (5)  must require that a district or school produce a
 campus score card that may be displayed on the agency's website; and
 (6)  must require that a district or school develop and
 make available to the public an explanation of the methodology used
 to assign performance ratings under this section.
 SECTION 3.  Section 39.202, Education Code, is amended to
 read as follows:
 Sec. 39.202.  ACADEMIC DISTINCTION DESIGNATION FOR
 DISTRICTS AND CAMPUSES.  The commissioner by rule shall establish
 an academic distinction designation for districts and campuses for
 outstanding performance in attainment of postsecondary readiness.
 The commissioner shall adopt criteria for the designation under
 this section, including:
 (1)  percentages of students who:
 (A)  performed satisfactorily, as determined
 under the college readiness performance standard under Section
 39.0241, on assessment instruments required under Section
 39.023(a), (b), (c), or (l), aggregated across grade levels by
 subject area; or
 (B)  met the standard for annual improvement, as
 determined by the agency under Section 39.034, on assessment
 instruments required under Section 39.023(a), (b), (c), or (l),
 aggregated across grade levels by subject area, for students who
 did not perform satisfactorily as described by Paragraph (A);
 (2)  percentages of:
 (A)  students who earned a nationally or
 internationally recognized business or industry certification or
 license;
 (B)  students who completed a coherent sequence of
 career and technical courses;
 (C)  students who completed a dual credit course
 or an articulated postsecondary course provided for local credit;
 (D)  students who achieved applicable College
 Readiness Benchmarks or the equivalent on the Preliminary
 Scholastic Assessment Test (PSAT), the Scholastic Assessment Test
 (SAT), the American College Test (ACT), or the ACT-Plan assessment
 program; [and]
 (E)  students who received a score on either an
 advanced placement test or an international baccalaureate
 examination to be awarded college credit; and
 (F)  students who completed a Pathways in
 Technology Early College High School (P-TECH) program established
 under Subchapter N, Chapter 29, or another early college high
 school program; and
 (3)  other factors for determining sufficient student
 attainment of postsecondary readiness.
 SECTION 4.  This Act applies beginning with the 2023-2024
 school year.
 SECTION 5.  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.