Texas 2025 - 89th Regular

Texas House Bill HB3796 Compare Versions

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1	1	89R10490 MEW-F
2	2	By: Frank H.B. No. 3796
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to public school accountability, including the
10	10	administration of assessment instruments in public schools, the
11	11	assignment of public school campus performance ratings, and the
12	12	creation of the Texas Commission on Public School Assessment and
13	13	Accountability.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Section 11.185(b), Education Code, is amended to
16	16	read as follows:
17	17	(b) Each plan adopted under Subsection (a) must:
18	18	(1) identify annual goals for students in each group
19	19	evaluated under the academic [closing the gaps] domain under
20	20	Section 39.053(c)(1)(C) [39.053(c)(3)];
21	21	(2) include annual goals for aggregate student growth
22	22	on the third grade reading or mathematics assessment instrument, as
23	23	applicable, administered under Section 39.023 or on an alternative
24	24	assessment instrument determined by the board of trustees;
25	25	(3) provide for targeted professional development for
26	26	classroom teachers in kindergarten or first, second, or third grade
27	27	who are assigned to campuses that the board of trustees identifies
28	28	as not meeting the plan's goals;
29	29	(4) assign at least one district-level administrator
30	30	or employee of the regional education service center for the
31	31	district's region to:
32	32	(A) coordinate implementation of the plan; and
33	33	(B) submit an annual report to the board of
34	34	trustees on the district's progress toward the goals set under the
35	35	plan; and
36	36	(5) be reviewed annually by the board of trustees at a
37	37	public meeting.
38	38	SECTION 2. Section 11.186(b), Education Code, is amended to
39	39	read as follows:
40	40	(b) Each plan adopted under Subsection (a) must:
41	41	(1) identify annual goals for students in each group
42	42	evaluated under the academic [closing the gaps] domain under
43	43	Section 39.053(c)(1)(C) [39.053(c)(3)];
44	44	(2) include annual goals for aggregate student growth
45	45	on [college, career, and military readiness] indicators evaluated
46	46	under the college, career, and military readiness [student
47	47	achievement] domain under Section 39.053(c)(2) [39.053(c)(1)];
48	48	(3) assign at least one district-level administrator
49	49	or employee of the regional education service center for the
50	50	district's region to:
51	51	(A) coordinate implementation of the plan; and
52	52	(B) submit an annual report to the board of
53	53	trustees on the district's progress toward the goals set under the
54	54	plan; and
55	55	(4) be reviewed annually by the board of trustees at a
56	56	public meeting.
57	57	SECTION 3. Section 28.0211(a-8), Education Code, is amended
58	58	to read as follows:
59	59	(a-8) A school district may not be required to provide
60	60	supplemental instruction under Subsection (a-1)(2) to a student in
61	61	more than two subject areas per school year. If the district would
62	62	otherwise be required to provide supplemental instruction to a
63	63	student in more than two subject areas for a school year, the
64	64	district shall prioritize providing supplemental instruction to
65	65	the student in mathematics and reading[, or Algebra I, English I, or
66	66	English II, as applicable,] for that school year.
67	67	SECTION 4. Section 29.190(a), Education Code, is amended to
68	68	read as follows:
69	69	(a) A student is entitled to a subsidy under this section
70	70	if:
71	71	(1) the student:
72	72	(A) successfully completes the career and
73	73	technology program of a school district in which the student
74	74	receives training and instruction for employment; or
75	75	(B) is enrolled in a special education program
76	76	under Subchapter A; and
77	77	(2) the student passes a certification examination to
78	78	qualify for a license or certificate that is an industry
79	79	certification for purposes of Section 39.053(c)(2)(E)
80	80	[39.053(c)(1)(B)(v)], administered while the student is enrolled
81	81	in a school district.
82	82	SECTION 5. Subchapter A, Chapter 39, Education Code, is
83	83	amended by adding Section 39.009 to read as follows:
84	84	Sec. 39.009. REFERENCE TO SCHOOL DISTRICT PERFORMANCE
85	85	RATING. A reference in law to the performance rating of a school
86	86	district means the average of the performance ratings assigned to
87	87	each of the district's campuses under Section 39.054 for the
88	88	applicable school year.
89	89	SECTION 6. Section 39.023, Education Code, is amended by
90	90	amending Subsections (a), (c), and (c-2) and adding Subsections
91	91	(a-5), (q), and (r) to read as follows:
92	92	(a) The agency shall adopt or develop appropriate
93	93	criterion-referenced assessment instruments designed to assess
94	94	essential knowledge and skills in reading, mathematics, [social
95	95	studies,] and science. Except as provided by Subsection (a-2), all
96	96	students, other than students assessed under Subsection (b) or (l)
97	97	or exempted under Section 39.027, shall be assessed in:
98	98	(1) mathematics, annually in grades three through
99	99	eight;
100	100	(2) reading, annually in grades three through eight;
101	101	(3) [social studies, in grade eight;
102	102	[(4)] science, in grades five and eight; and
103	103	(4) [(5)] any other subject and grade required by
104	104	federal law.
105	105	(a-5) The commissioner shall apply to the United States
106	106	Department of Education for a waiver of the requirement under the
107	107	Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) to
108	108	administer the same assessment instruments to all public school
109	109	students. If the United States Department of Education grants a
110	110	waiver described by this subsection, an assessment instrument
111	111	adopted or developed under Subsection (a) must:
112	112	(1) provide for the assessment of a student at the
113	113	beginning, middle, and end of a school year, with the results of
114	114	each assessment providing:
115	115	(A) for the assessment administered at the
116	116	beginning and middle of the school year, growth projections for the
117	117	student; and
118	118	(B) for the assessment administered at the end of
119	119	the school year, an end-of-year growth analysis for the student;
120	120	(2) be adaptive to each student such that the
121	121	assessment instrument appropriately measures each student's
122	122	performance and growth;
123	123	(3) not later than 48 hours after the administration
124	124	of an assessment, provide detailed diagnostic reports of a
125	125	student's results that include recommendations for teachers
126	126	regarding practical interventions for low-performing students; and
127	127	(4) provide cumulative data regarding assessment
128	128	results for each campus of a school district.
129	129	(c) The agency shall also adopt end-of-course assessment
130	130	instruments for secondary-level courses in reading, mathematics,
131	131	and science only as necessary to comply with the Every Student
132	132	Succeeds Act (20 U.S.C. Section 6301 et seq.) to be administered
133	133	only as necessary to meet the minimum requirements of that Act
134	134	[Algebra I, biology, English I, English II, and United States
135	135	history. The Algebra I end-of-course assessment instrument must
136	136	be administered with the aid of technology, but may include one or
137	137	more parts that prohibit the use of technology. The English I and
138	138	English II end-of-course assessment instruments must each assess
139	139	essential knowledge and skills in both reading and writing and must
140	140	provide a single score]. A school district shall comply with State
141	141	Board of Education rules regarding administration of the assessment
142	142	instruments adopted under [listed in] this subsection. If a
143	143	student is in a special education program under Subchapter A,
144	144	Chapter 29, the student's admission, review, and dismissal
145	145	committee shall determine whether any allowable modification is
146	146	necessary in administering to the student an assessment instrument
147	147	required under this subsection. The State Board of Education shall
148	148	administer the assessment instruments. An end-of-course
149	149	assessment instrument may be administered in multiple parts over
150	150	more than one day. The State Board of Education shall adopt a
151	151	schedule for the administration of end-of-course assessment
152	152	instruments that complies with the requirements of Subsection
153	153	(c-3).
154	154	(c-2) The agency may adopt end-of-course assessment
155	155	instruments for courses for which end-of-course assessment
156	156	instruments are not adopted under [not listed in] Subsection
157	157	(c). A student's performance on an end-of-course assessment
158	158	instrument adopted under this subsection is not subject to the
159	159	performance requirements established under Subsection (c) or
160	160	Section 39.025.
161	161	(q) Notwithstanding any provision of this section or other
162	162	law, if changes made to the Every Student Succeeds Act (20 U.S.C.
163	163	Section 6301 et seq.) reduce the number or frequency of assessment
164	164	instruments required to be administered to students, the State
165	165	Board of Education shall adopt rules reducing the number or
166	166	frequency of assessment instruments administered to students under
167	167	state law, and the commissioner shall ensure that students are not
168	168	assessed in subject areas or in grades that are no longer required
169	169	to meet the minimum requirements of that Act.
170	170	(r) In adopting or developing assessment instruments under
171	171	this section, the agency shall consult with the Texas Commission on
172	172	Public School Assessment and Accountability established under
173	173	Subchapter N. An assessment instrument may not be administered
174	174	under this section unless the commission, by a majority vote,
175	175	approves the assessment instrument.
176	176	SECTION 7. Sections 39.025(a-1) and (a-3), Education Code,
177	177	are amended to read as follows:
178	178	(a-1) A student enrolled in a college preparatory
179	179	mathematics or English language arts course under Section 28.014
180	180	who satisfies the Texas Success Initiative (TSI) college readiness
181	181	benchmarks prescribed by the Texas Higher Education Coordinating
182	182	Board under Section 51.334 on an assessment instrument designated
183	183	by the coordinating board under that section administered at the
184	184	end of the college preparatory mathematics or English language arts
185	185	course satisfies the requirements concerning and is exempt from the
186	186	administration of the mathematics or reading [Algebra I or the
187	187	English I and English II] end-of-course assessment instrument
188	188	[instruments], as applicable, [as prescribed by Section
189	189	39.023(c),] even if the student did not perform satisfactorily on a
190	190	previous administration of the applicable end-of-course assessment
191	191	instrument. A student who fails to perform satisfactorily on the
192	192	assessment instrument designated by the coordinating board under
193	193	Section 51.334 administered as provided by this subsection may
194	194	retake that assessment instrument for purposes of this subsection
195	195	or may take the appropriate end-of-course assessment instrument.
196	196	(a-3) A student who, after retaking an end-of-course
197	197	assessment instrument for mathematics [Algebra I] or reading
198	198	[English II], has failed to perform satisfactorily as required by
199	199	Subsection (a), but who receives a score of proficient on the Texas
200	200	Success Initiative (TSI) diagnostic assessment for the
201	201	corresponding subject for which the student failed to perform
202	202	satisfactorily on the end-of-course assessment instrument
203	203	satisfies the requirement concerning the mathematics [Algebra I] or
204	204	reading [English II] end-of-course assessment, as applicable.
205	205	SECTION 8. Section 39.053, Education Code, is amended by
206	206	amending Subsections (a), (a-1), (b), and (c) and adding
207	207	Subsections (j) and (k) to read as follows:
208	208	(a) Subject to Subsection (j), the [The] commissioner, in
209	209	collaboration with the commission, shall adopt a set of indicators
210	210	of the quality of learning, [and] achievement, and school quality,
211	211	including the indicators under Subsection (c). The commissioner,
212	212	in collaboration with the commission, periodically shall review the
213	213	indicators for the consideration of appropriate revisions.
214	214	(a-1) The indicators adopted [by the commissioner] under
215	215	Subsection (a) must measure and evaluate school district [districts
216	216	and] campuses with respect to:
217	217	(1) improving student preparedness for success in:
218	218	(A) subsequent grade levels; and
219	219	(B) entering the workforce, the military, or
220	220	postsecondary education;
221	221	(2) reducing, with the goal of eliminating, student
222	222	academic achievement differentials among students from different
223	223	racial and ethnic groups and socioeconomic backgrounds; and
224	224	(3) informing parents and the community regarding
225	225	campus [and district] performance.
226	226	(b) Performance on the achievement indicators adopted under
227	227	Subsections (c)(1) and (2) [Subsection (c)] shall be compared to
228	228	state-established standards. The indicators must be based on
229	229	information that is disaggregated by race, ethnicity, and
230	230	socioeconomic status.
231	231	(c) School district [districts and] campuses must be
232	232	evaluated based on, as applicable to the campus, three domains of
233	233	indicators of achievement adopted under this section that include:
234	234	(1) in the academic [student achievement] domain,
235	235	indicators of student achievement that must include:
236	236	(A) for evaluating the performance of [districts
237	237	and] campuses generally:
238	238	(i) an indicator that accounts for the
239	239	results of assessment instruments required under Sections
240	240	39.023(a), (c), and (l), as applicable for the [district and]
241	241	campus, including the results of assessment instruments required
242	242	for graduation retaken by a student, aggregated across grade levels
243	243	by subject area, including:
244	244	(a) for the performance standard
245	245	determined by the commissioner under Section 39.0241(a), the
246	246	percentage of students who performed satisfactorily on the
247	247	assessment instruments, aggregated across grade levels by subject
248	248	area; and
249	249	(b) for the college readiness
250	250	performance standard as determined under Section 39.0241, the
251	251	percentage of students who performed satisfactorily on the
252	252	assessment instruments, aggregated across grade levels by subject
253	253	area; and
254	254	(ii) an indicator that accounts for the
255	255	results of assessment instruments required under Section
256	256	39.023(b), as applicable for the [district and] campus, including
257	257	the percentage of students who performed satisfactorily on the
258	258	assessment instruments, as determined by the performance standard
259	259	adopted by the agency, aggregated across grade levels by subject
260	260	area; [and]
261	261	(B) for evaluating [the performance of high
262	262	school campuses and districts that include high school campuses,
263	263	indicators that account for:
264	264	[(i) students who satisfy the Texas Success
265	265	Initiative (TSI) college readiness benchmarks prescribed by the
266	266	Texas Higher Education Coordinating Board under Section 51.334 on
267	267	an assessment instrument in reading or mathematics designated by
268	268	the coordinating board under that section;
269	269	[(ii) students who satisfy relevant
270	270	performance standards on advanced placement tests or similar
271	271	assessments;
272	272	[(iii) students who earn dual course
273	273	credits in the dual credit courses;
274	274	[(iv) students who enlist in the armed
275	275	forces of the United States or the Texas National Guard;
276	276	[(v) students who earn industry
277	277	certifications;
278	278	[(vi) students admitted into postsecondary
279	279	industry certification programs that require as a prerequisite for
280	280	entrance successful performance at the secondary level;
281	281	[(vii) students whose successful
282	282	completion of a course or courses under Section 28.014 indicates
283	283	the student's preparation to enroll and succeed, without
284	284	remediation, in an entry-level general education course for a
285	285	baccalaureate degree or associate degree;
286	286	[(viii) students who successfully met
287	287	standards on a composite of indicators that through research
288	288	indicates the student's preparation to enroll and succeed, without
289	289	remediation, in an entry-level general education course for a
290	290	baccalaureate degree or associate degree;
291	291	[(ix) high school graduation rates,
292	292	computed in accordance with standards and definitions adopted in
293	293	compliance with the Every Student Succeeds Act (20 U.S.C. Section
294	294	6301 et seq.) subject to the exclusions provided by Subsections
295	295	(g), (g-1), (g-2), (g-3), and (g-4);
296	296	[(x) students who successfully completed an
297	297	OnRamps dual enrollment course;
298	298	[(xi) students who successfully completed a
299	299	practicum or internship approved by the State Board of Education;
300	300	[(xii) students who are awarded an
301	301	associate degree; and
302	302	[(xiii) students who successfully
303	303	completed a program of study in career and technical education;
304	304	[(2) in the] school progress [domain], indicators for
305	305	effectiveness in promoting student learning, which must measure a
306	306	student's growth as the student progresses in age and grade level
307	307	and include:
308	308	(i) [(A)] for assessment instruments,
309	309	including assessment instruments under Paragraphs (A)(i)
310	310	[Subdivisions (1)(A)(i)] and (ii), the percentage of students who
311	311	met the standard for improvement, as determined by the
312	312	commissioner; and
313	313	(ii) [(B)] for evaluating relative
314	314	performance, the performance of [districts and] campuses compared
315	315	to similar [districts or] campuses; and
316	316	(C) [(3) in the closing the gaps domain,] the
317	317	use of disaggregated data to demonstrate the differentials among
318	318	students from different racial and ethnic groups, socioeconomic
319	319	backgrounds, and other factors, including:
320	320	(i) [(A)] students formerly receiving
321	321	special education services;
322	322	(ii) [(B)] students continuously enrolled;
323	323	and
324	324	(iii) [(C)] students who are mobile;
325	325	(2) in the college, career, and military readiness
326	326	domain, for evaluating the performance of high school campuses,
327	327	indicators based on the college, career, and military readiness
328	328	outcomes described by Section 48.110 and that account for:
329	329	(A) students who satisfy the Texas Success
330	330	Initiative (TSI) college readiness benchmarks prescribed by the
331	331	Texas Higher Education Coordinating Board under Section 51.334 on
332	332	an assessment instrument in reading or mathematics designated by
333	333	the coordinating board under that section;
334	334	(B) students who satisfy relevant performance
335	335	standards on advanced placement tests or similar assessments;
336	336	(C) students who earn dual course credits in the
337	337	dual credit courses;
338	338	(D) students who enlist in the armed forces of
339	339	the United States or the Texas National Guard;
340	340	(E) students who earn industry certifications;
341	341	(F) students admitted into postsecondary
342	342	industry certification programs that require as a prerequisite for
343	343	entrance successful performance at the secondary level;
344	344	(G) students whose successful completion of a
345	345	course or courses under Section 28.014 indicates the student's
346	346	preparation to enroll and succeed, without remediation, in an
347	347	entry-level general education course for a baccalaureate degree or
348	348	associate degree;
349	349	(H) students who successfully met standards on a
350	350	composite of indicators that through research indicates the
351	351	student's preparation to enroll and succeed, without remediation,
352	352	in an entry-level general education course for a baccalaureate
353	353	degree or associate degree;
354	354	(I) high school graduation rates, computed in
355	355	accordance with standards and definitions adopted in compliance
356	356	with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.)
357	357	subject to the exclusions provided by Subsections (g), (g-1),
358	358	(g-2), (g-3), and (g-4);
359	359	(J) students who successfully completed an
360	360	OnRamps dual enrollment course;
361	361	(K) students who successfully completed a
362	362	practicum or internship approved by the State Board of Education;
363	363	(L) students who are awarded an associate degree;
364	364	(M) students who successfully completed a
365	365	program of study in career and technical education;
366	366	(N) students who successfully complete the
367	367	necessary coursework or training to earn an industry credential
368	368	within two years of high school graduation;
369	369	(O) students who successfully complete an
370	370	internship of at least one year with a private business;
371	371	(P) students who successfully complete a Reserve
372	372	Officers' Training Corps (ROTC) program after high school
373	373	graduation; and
374	374	(Q) students who:
375	375	(i) successfully complete four years of
376	376	career and technical education; and
377	377	(ii) participate in the same program of
378	378	study during grades 11 and 12; and
379	379	(3) in the value-added domain, indicators that must
380	380	include:
381	381	(A) indicators adopted by the commissioner, in
382	382	collaboration with the commission, that account for:
383	383	(i) student attendance rates;
384	384	(ii) the percentage of students
385	385	participating in University Interscholastic League or other
386	386	competitive activities;
387	387	(iii) the percentage of students
388	388	participating in student leadership organizations;
389	389	(iv) the percentage of students who qualify
390	390	for the National Honor Society, National Junior Honor Society,
391	391	National Technical Honor Society, and other similar societies;
392	392	(v) the percentage of students who qualify
393	393	for the National Merit Scholarship Program;
394	394	(vi) the number of career and technical
395	395	education pathways offered, categorized by campus size;
396	396	(vii) the number of parental engagement
397	397	activities focused on student achievement offered;
398	398	(viii) whether a campus is designated as a
399	399	Purple Star Campus under Section 33.909; and
400	400	(ix) the number of students who take the
401	401	ACT, the SAT, or the Classic Learning Test and the percentage of
402	402	students who scored above the state average on those assessments;
403	403	and
404	404	(B) indicators proposed by a school district or
405	405	campus not later than the summer before the school year for which
406	406	the indicator was proposed and approved by the commissioner, in
407	407	collaboration with the commission.
408	408	(j) The commissioner may not adopt an indicator under this
409	409	section unless the commission, by a majority vote, approves the
410	410	indicator.
411	411	(k) In this section, "commission" means the Texas
412	412	Commission on Public School Assessment and Accountability
413	413	established under Subchapter N.
414	414	SECTION 9. Section 39.054, Education Code, is amended by
415	415	amending Subsections (a), (a-1), (a-2), (a-3), (a-4), (b), and (e)
416	416	and adding Subsections (f) and (g) to read as follows:
417	417	(a) Except as provided by Subsection (a-4) and subject to
418	418	Subsection (f), the commissioner, in collaboration with the
419	419	commission, shall adopt rules to evaluate school district [and]
420	420	campus performance and assign each [district and] campus an overall
421	421	performance rating of A, B, C, D, or F. In addition to the overall
422	422	performance rating, the commissioner shall assign each [district
423	423	and] campus a separate domain performance rating of A, B, C, D, or F
424	424	for each domain under Section 39.053(c). An overall or domain
425	425	performance rating of A reflects exemplary performance. An overall
426	426	or domain performance rating of B reflects recognized performance.
427	427	An overall or domain performance rating of C reflects acceptable
428	428	performance. An overall or domain performance rating of D reflects
429	429	performance that needs improvement. An overall or domain
430	430	performance rating of F reflects unacceptable performance. [A
431	431	district may not receive an overall or domain performance rating of
432	432	A if the district includes any campus with a corresponding overall
433	433	or domain performance rating of D or F.] If a school district has
434	434	been approved under Section 39.0544 to assign campus performance
435	435	ratings and the commissioner has not assigned a campus an overall
436	436	performance rating of D or F, the commissioner shall assign the
437	437	campus an overall performance rating based on the school district
438	438	assigned performance rating under Section 39.0544.
439	439	(a-1) For purposes of assigning an overall performance
440	440	rating for a [district or] campus under Subsection (a), the
441	441	commissioner may not increase a [shall:
442	442	[(1) consider either the district's or] campus's
443	443	performance rating more than one letter grade based on the campus's
444	444	performance under the value-added [student achievement domain
445	445	under Section 39.053(c)(1) or the school progress domain under
446	446	Section 39.053(c)(2), whichever performance rating is higher,
447	447	unless the district or campus received a performance rating of F in
448	448	either domain, in which case the district or campus may not be
449	449	assigned a performance rating higher than a B for the composite for
450	450	the two domains; and
451	451	[(2) attribute not less than 30 percent of the
452	452	performance rating to the closing the gaps] domain under Section
453	453	39.053(c)(3).
454	454	(a-2) Subject to Subsection (f), the [The] commissioner by
455	455	rule may adopt procedures to ensure that a repeated performance
456	456	rating of D or F or unacceptable in one domain, particularly
457	457	performance that is not significantly improving, is reflected in
458	458	the overall performance rating of a [district or] campus under this
459	459	section or [a campus under] Section 39.0544 and is not compensated
460	460	for by a performance rating of A, B, or C in another domain.
461	461	(a-3) Not later than August 15 of each year, the following
462	462	information shall be made publicly available as provided by rules
463	463	adopted under this section:
464	464	(1) the performance ratings for each school district
465	465	[and] campus; and
466	466	(2) if applicable, the number of consecutive school
467	467	years of unacceptable performance ratings for each [district and]
468	468	campus.
469	469	(a-4) Notwithstanding any other law, the commissioner may
470	470	assign a school district [or] campus an overall performance rating
471	471	of "Not Rated" if the commissioner determines that the assignment
472	472	of a performance rating of A, B, C, D, or F would be inappropriate
473	473	because:
474	474	(1) the [district or] campus is located in an area that
475	475	is subject to a declaration of a state of disaster under Chapter
476	476	418, Government Code, and due to the disaster, performance
477	477	indicators for the [district or] campus are difficult to measure or
478	478	evaluate and would not accurately reflect quality of learning and
479	479	achievement for the [district or] campus;
480	480	(2) the [district or] campus has experienced breaches
481	481	or other failures in data integrity to the extent that accurate
482	482	analysis of data regarding performance indicators is not possible;
483	483	(3) the number of students enrolled in the [district
484	484	or] campus is insufficient to accurately evaluate the performance
485	485	of the [district or] campus; or
486	486	(4) for other reasons outside the control of the
487	487	[district or] campus, the performance indicators would not
488	488	accurately reflect quality of learning and achievement for the
489	489	[district or] campus.
490	490	(b) For purposes of assigning school district [districts
491	491	and] campuses an overall and a domain performance rating under
492	492	Subsection (a), the commissioner shall ensure that the method used
493	493	to evaluate performance is implemented in a manner that provides
494	494	the mathematical possibility that all [districts and] campuses
495	495	receive an A rating.
496	496	(e) Each annual performance review under this section shall
497	497	include an analysis of the achievement indicators adopted under
498	498	Section 39.053, including Subsection (c) of that section, to
499	499	determine school district [and] campus performance in relation to
500	500	standards established for each indicator.
501	501	(f) The commissioner may not adopt a rule relating to
502	502	evaluating school district campus performance under this section
503	503	unless the commission, by a majority vote, approves the rule.
504	504	(g) In this section, "commission" means the Texas
505	505	Commission on Public School Assessment and Accountability
506	506	established under Subchapter N.
507	507	SECTION 10. Section 39.0541, Education Code, is amended to
508	508	read as follows:
509	509	Sec. 39.0541. ADOPTION OF INDICATORS AND STANDARDS.
510	510	Subject to Section 39.054(f), the [The] commissioner may adopt
511	511	indicators and standards under this subchapter at any time during a
512	512	school year before the evaluation of a school district [or] campus.
513	513	SECTION 11. Section 39.0545(b), Education Code, is amended
514	514	to read as follows:
515	515	(b) Notwithstanding any other law, the commissioner shall
516	516	adopt rules to develop and implement alternative methods and
517	517	standards for evaluating the performance for the 2020-2021 school
518	518	year of a campus to which this section applies. The rules adopted
519	519	under this section must evaluate a campus under the domains of
520	520	indicators of achievement listed in former Sections 39.053(c)(1)
521	521	and (2), as those sections existed January 1, 2025.
522	522	SECTION 12. Sections 39.0548(b) and (c), Education Code,
523	523	are amended to read as follows:
524	524	(b) Notwithstanding Section 39.053(c)(2)(I)
525	525	[39.053(c)(1)(B)(ix)], the commissioner shall use the alternative
526	526	completion rate under this subsection to determine the graduation
527	527	rate indicator under that paragraph [Section 39.053(c)(1)(B)(ix)]
528	528	for a dropout recovery school. The alternative completion rate
529	529	shall be the ratio of the total number of students who graduate,
530	530	continue attending school into the next academic year, or receive a
531	531	high school equivalency certificate to the total number of students
532	532	in the longitudinal cohort of students.
533	533	(c) Notwithstanding Section 39.053(c)(2)(I)
534	534	[39.053(c)(1)(B)(ix)], in determining the performance rating under
535	535	Section 39.054 of a dropout recovery school, the commissioner shall
536	536	include any student described by Section 39.053(g-1) who graduates
537	537	or receives a high school equivalency certificate.
538	538	SECTION 13. Section 39.203(c), Education Code, is amended
539	539	to read as follows:
540	540	(c) In addition to the distinction designations described
541	541	by Subsections (a) and (b), a campus that satisfies the criteria
542	542	developed under Section 39.204 shall be awarded a distinction
543	543	designation by the commissioner for outstanding performance in
544	544	academic achievement in reading [English language arts],
545	545	mathematics, or science[, or social studies].
546	546	SECTION 14. Chapter 39, Education Code, is amended by
547	547	adding Subchapter N to read as follows:
548	548	SUBCHAPTER N. TEXAS COMMISSION ON PUBLIC SCHOOL ASSESSMENT AND
549	549	ACCOUNTABILITY
550	550	Sec. 39.451. DEFINITION. In this subchapter, "commission"
551	551	means the Texas Commission on Public School Assessment and
552	552	Accountability.
553	553	Sec. 39.452. TEXAS COMMISSION ON PUBLIC SCHOOL ASSESSMENT
554	554	AND ACCOUNTABILITY. (a) The commission is established to:
555	555	(1) develop, implement, and supervise the public
556	556	school assessment and accountability systems; and
557	557	(2) develop new methods to assess student performance
558	558	and public schools.
559	559	(b) The commission is composed of 65 members, consisting of:
560	560	(1) one member appointed by the governor;
561	561	(2) one member appointed by the lieutenant governor;
562	562	(3) one member appointed by the speaker of the house of
563	563	representatives;
564	564	(4) two members appointed by the State Board of
565	565	Education; and
566	566	(5) three members appointed by each regional education
567	567	service center as follows, to the extent reasonably practicable:
568	568	(A) a representative of a small school district
569	569	in the region served by the center;
570	570	(B) a representative of a mid-sized school
571	571	district in the region served by the center; and
572	572	(C) a representative of a large school district
573	573	in the region served by the center.
574	574	(c) The members appointed by the governor, lieutenant
575	575	governor, or speaker of the house of representatives must have a
576	576	background in public education and be one of the following:
577	577	(1) an administrator in the public school system;
578	578	(2) a person with a substantive background in public
579	579	school assessment and accountability;
580	580	(3) a member of the business community;
581	581	(4) a person who is a current or retired classroom
582	582	teacher with at least 10 years of teaching experience and who
583	583	specializes or specialized in special education, bilingual
584	584	education, or career and technology education;
585	585	(5) an elected member of the board of trustees of a
586	586	school district; or
587	587	(6) a parent of a student in the public school system.
588	588	(d) In making appointments under Subsections (b)(1), (2),
589	589	and (3), the governor, lieutenant governor, and speaker of the
590	590	house of representatives shall coordinate to ensure that the
591	591	membership of the commission reflects, to the extent possible, the
592	592	ethnic and geographic diversity of this state.
593	593	Sec. 39.453. TERMS. Members of the commission serve
594	594	staggered six-year terms, with the terms of approximately one-third
595	595	of the members expiring June 1 of each odd-numbered year.
596	596	Sec. 39.454. PRESIDING OFFICER. The governor shall
597	597	designate the presiding officer of the commission.
598	598	Sec. 39.455. COMPENSATION AND REIMBURSEMENT. A commission
599	599	member is not entitled to compensation for service on the
600	600	commission but is entitled to reimbursement for actual and
601	601	necessary expenses incurred in performing commission duties.
602	602	Sec. 39.456. ADMINISTRATIVE SUPPORT AND FUNDING. (a) The
603	603	agency shall provide administrative support for the commission.
604	604	(b) Funding for the administrative and operational expenses
605	605	of the commission shall be provided by legislative appropriation
606	606	made to the agency for that purpose.
607	607	Sec. 39.457. DUTIES. (a) The commission shall collaborate
608	608	with the commissioner to develop:
609	609	(1) assessment instruments under Section 39.023;
610	610	(2) the performance indicators under Section 39.053;
611	611	and
612	612	(3) rules to evaluate school district campuses under
613	613	Section 39.054.
614	614	(b) The commission may establish one or more committees
615	615	composed of not more than 13 commission members to study, discuss,
616	616	and address specific policy issues and recommendations to refer to
617	617	the commission for consideration.
618	618	(c) The commission may consult with any accountability or
619	619	assessment workgroup established by the agency or other subject
620	620	matter experts.
621	621	Sec. 39.458. RECOMMENDATIONS. The commission may develop
622	622	recommendations to address issues related to the public school
623	623	assessment and accountability systems, including:
624	624	(1) the development of a formative assessment system
625	625	that provides for:
626	626	(A) assessments to be administered to students at
627	627	the beginning, middle, and end of a school year;
628	628	(B) a student whose performance on an assessment
629	629	indicates that the student is proficient in the required skills for
630	630	that grade level to be exempt from further assessments in those
631	631	skills during that school year;
632	632	(C) criterion-referenced, adaptive assessments
633	633	aligned to grade-level standards;
634	634	(D) student-specific feedback and recommended
635	635	interventions within 48 hours of the administration of an
636	636	assessment; and
637	637	(E) growth projections and end-of-year growth
638	638	analysis for an individual student in addition to cumulative data
639	639	at the campus level;
640	640	(2) changes to the performance indicators adopted
641	641	under Section 39.053(c); and
642	642	(3) changes to the rules for evaluating school
643	643	district campuses under Section 39.054.
644	644	SECTION 15. Section 39A.065(a), Education Code, is amended
645	645	to read as follows:
646	646	(a) A school [district, open-enrollment charter school,]
647	647	district campus[,] or open-enrollment charter school campus that is
648	648	assigned a rating of D that qualifies under Section 39.0543(b)
649	649	shall develop and implement a local improvement plan.
650	650	SECTION 16. Section 39A.113(a), Education Code, is amended
651	651	to read as follows:
652	652	(a) If the commissioner orders the closure of a campus under
653	653	this subchapter, that campus may be repurposed to serve students at
654	654	that campus location only if the commissioner:
655	655	(1) finds that the repurposed campus offers a
656	656	distinctly different academic program and:
657	657	(A) serves a majority of grade levels not served
658	658	at the original campus; or
659	659	(B) is operated under a contract, approved by the
660	660	school district board of trustees, with a nonprofit organization
661	661	exempt from federal taxation under Section 501(c)(3), Internal
662	662	Revenue Code of 1986, that:
663	663	(i) has a governing board that is
664	664	independent of the district; and
665	665	(ii) has a successful history of operating
666	666	school district campuses or open-enrollment charter schools:
667	667	(a) that cumulatively serve 10,000 or
668	668	more students; and
669	669	(b) a majority of which have been
670	670	assigned an overall performance rating of B or higher under Section
671	671	39.054 for the preceding school year; and
672	672	[(iii) has been assigned an overall
673	673	performance rating of B or higher under Section 39.054 for the
674	674	preceding school year; and]
675	675	(2) approves a new campus identification number for
676	676	the repurposed campus.
677	677	SECTION 17. Section 39A.117(b), Education Code, is amended
678	678	to read as follows:
679	679	(b) The [As soon as practicable after the effective date of
680	680	S.B. 1365, 87th Legislature, Regular Session, 2021, or similar
681	681	legislation, the] commissioner shall:
682	682	(1) determine the number of school years of
683	683	unacceptable performance ratings occurring after the 2012-2013
684	684	school year for each school [district, open-enrollment charter
685	685	school,] district campus[,] or open-enrollment charter school
686	686	campus by determining the number of unacceptable performance
687	687	ratings assigned to each [district, charter school,] district
688	688	[campus,] or charter school campus since the most recent acceptable
689	689	performance rating was assigned to the [district, charter school,]
690	690	district [campus,] or charter school campus; and
691	691	(2) use the number of school years of unacceptable
692	692	performance ratings as the base number of consecutive years of
693	693	unacceptable performance for which the performance rating in the
694	694	2021-2022 school year will be added.
695	695	SECTION 18. Sections 39A.118(a) and (f), Education Code,
696	696	are amended to read as follows:
697	697	(a) Until another performance rating is issued, the agency
698	698	may not implement the intervention or sanctions listed under
699	699	Subsection (b) for a school [district, open-enrollment charter
700	700	school,] district campus[,] or open-enrollment charter school
701	701	campus, if the performance rating initiating the action under
702	702	Subsection (b) is based on the first or second overall performance
703	703	rating of D, since previously receiving a rating of C or higher.
704	704	(f) For purposes of Subsection (a), a school [district,
705	705	open-enrollment charter school,] district campus[,] or
706	706	open-enrollment charter school campus that has never previously
707	707	been assigned an overall performance rating shall be considered to
708	708	have previously received an overall performance rating of C or
709	709	higher.
710	710	SECTION 19. Section 39A.901(b), Education Code, is amended
711	711	to read as follows:
712	712	(b) The commissioner must review at least annually the
713	713	performance of a school district for which the accreditation status
714	714	[or performance rating] has been lowered due to insufficient
715	715	student performance and may not raise the accreditation status [or
716	716	performance rating] until the district has demonstrated improved
717	717	student performance.
718	718	SECTION 20. Section 39.023(c-9), Education Code, is
719	719	repealed.
720	720	SECTION 21. This Act applies beginning with the 2026-2027
721	721	school year.
722	722	SECTION 22. This Act takes effect immediately if it
723	723	receives a vote of two-thirds of all the members elected to each
724	724	house, as provided by Section 39, Article III, Texas Constitution.
725	725	If this Act does not receive the vote necessary for immediate
726	726	effect, this Act takes effect September 1, 2025.