89R10490 MEW-F
By: Frank H.B. No. 3796
A BILL TO BE ENTITLED
AN ACT
relating to public school accountability, including the
administration of assessment instruments in public schools, the
assignment of public school campus performance ratings, and the
creation of the Texas Commission on Public School Assessment and
Accountability.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.185(b), Education Code, is amended to
read as follows:
(b) Each plan adopted under Subsection (a) must:
(1) identify annual goals for students in each group
evaluated under the academic [closing the gaps] domain under
Section 39.053(c)(1)(C) [39.053(c)(3)];
(2) include annual goals for aggregate student growth
on the third grade reading or mathematics assessment instrument, as
applicable, administered under Section 39.023 or on an alternative
assessment instrument determined by the board of trustees;
(3) provide for targeted professional development for
classroom teachers in kindergarten or first, second, or third grade
who are assigned to campuses that the board of trustees identifies
as not meeting the plan's goals;
(4) 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; and
(B) submit an annual report to the board of
trustees on the district's progress toward the goals set under the
plan; and
(5) be reviewed annually by the board of trustees at a
public meeting.
SECTION 2. Section 11.186(b), Education Code, is amended to
read as follows:
(b) Each plan adopted under Subsection (a) must:
(1) identify annual goals for students in each group
evaluated under the academic [closing the gaps] domain under
Section 39.053(c)(1)(C) [39.053(c)(3)];
(2) include annual goals for aggregate student growth
on [college, career, and military readiness] indicators evaluated
under the college, career, and military readiness [student
achievement] domain under Section 39.053(c)(2) [39.053(c)(1)];
(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; and
(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 3. Section 28.0211(a-8), Education Code, is amended
to read as follows:
(a-8) A school district may not be required to provide
supplemental instruction under Subsection (a-1)(2) to a student in
more than two subject areas per school year. If the district would
otherwise be required to provide supplemental instruction to a
student in more than two subject areas for a school year, the
district shall prioritize providing supplemental instruction to
the student in mathematics and reading[, or Algebra I, English I, or
English II, as applicable,] for that school year.
SECTION 4. Section 29.190(a), Education Code, is amended to
read as follows:
(a) A student is entitled to a subsidy under this section
if:
(1) the student:
(A) successfully completes the career and
technology program of a school district in which the student
receives training and instruction for employment; or
(B) is enrolled in a special education program
under Subchapter A; and
(2) the student passes a certification examination to
qualify for a license or certificate that is an industry
certification for purposes of Section 39.053(c)(2)(E)
[39.053(c)(1)(B)(v)], administered while the student is enrolled
in a school district.
SECTION 5. Subchapter A, Chapter 39, Education Code, is
amended by adding Section 39.009 to read as follows:
Sec. 39.009. REFERENCE TO SCHOOL DISTRICT PERFORMANCE
RATING. A reference in law to the performance rating of a school
district means the average of the performance ratings assigned to
each of the district's campuses under Section 39.054 for the
applicable school year.
SECTION 6. Section 39.023, Education Code, is amended by
amending Subsections (a), (c), and (c-2) and adding Subsections
(a-5), (q), and (r) 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.
(a-5) The commissioner shall apply to the United States
Department of Education for a waiver of the requirement under the
Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) to
administer the same assessment instruments to all public school
students. If the United States Department of Education grants a
waiver described by this subsection, an assessment instrument
adopted or developed under Subsection (a) must:
(1) provide for the assessment of a student at the
beginning, middle, and end of a school year, with the results of
each assessment providing:
(A) for the assessment administered at the
beginning and middle of the school year, growth projections for the
student; and
(B) for the assessment administered at the end of
the school year, an end-of-year growth analysis for the student;
(2) be adaptive to each student such that the
assessment instrument appropriately measures each student's
performance and growth;
(3) not later than 48 hours after the administration
of an assessment, provide detailed diagnostic reports of a
student's results that include recommendations for teachers
regarding practical interventions for low-performing students; and
(4) provide cumulative data regarding assessment
results for each campus of a school district.
(c) The agency shall also adopt end-of-course assessment
instruments for secondary-level courses in reading, mathematics,
and science only as necessary to comply with the Every Student
Succeeds Act (20 U.S.C. Section 6301 et seq.) to be administered
only as necessary to meet the minimum requirements of that Act
[Algebra I, biology, 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 State
Board of Education rules regarding administration of the assessment
instruments adopted under [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 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 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-2) The agency may adopt end-of-course assessment
instruments for courses for which end-of-course assessment
instruments are not adopted under [not listed in] Subsection
(c). A student's performance on an end-of-course assessment
instrument adopted under this subsection is not subject to the
performance requirements established under Subsection (c) or
Section 39.025.
(q) Notwithstanding any provision of this section or other
law, if changes made to the Every Student Succeeds Act (20 U.S.C.
Section 6301 et seq.) reduce the number or frequency of assessment
instruments required to be administered to students, the State
Board of Education shall adopt rules reducing the number or
frequency of assessment instruments administered to students under
state law, and the commissioner shall ensure that students are not
assessed in subject areas or in grades that are no longer required
to meet the minimum requirements of that Act.
(r) In adopting or developing assessment instruments under
this section, the agency shall consult with the Texas Commission on
Public School Assessment and Accountability established under
Subchapter N. An assessment instrument may not be administered
under this section unless the commission, by a majority vote,
approves the assessment instrument.
SECTION 7. Sections 39.025(a-1) and (a-3), Education Code,
are amended to read as follows:
(a-1) A student enrolled in a college preparatory
mathematics or English language arts course under Section 28.014
who 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 administered at the
end of the college preparatory mathematics or English language arts
course satisfies the requirements concerning and is exempt from the
administration of the mathematics or reading [Algebra I or the
English I and English II] end-of-course assessment instrument
[instruments], as applicable, [as prescribed by Section
39.023(c),] even if the student did not perform satisfactorily on a
previous administration of the applicable end-of-course assessment
instrument. A student who fails to perform satisfactorily on the
assessment instrument designated by the coordinating board under
Section 51.334 administered as provided by this subsection may
retake that assessment instrument for purposes of this subsection
or may take the appropriate end-of-course assessment instrument.
(a-3) A student who, after retaking an end-of-course
assessment instrument for mathematics [Algebra I] or reading
[English II], has failed to perform satisfactorily as required by
Subsection (a), but who receives a score of proficient on the Texas
Success Initiative (TSI) diagnostic assessment for the
corresponding subject for which the student failed to perform
satisfactorily on the end-of-course assessment instrument
satisfies the requirement concerning the mathematics [Algebra I] or
reading [English II] end-of-course assessment, as applicable.
SECTION 8. Section 39.053, Education Code, is amended by
amending Subsections (a), (a-1), (b), and (c) and adding
Subsections (j) and (k) to read as follows:
(a) Subject to Subsection (j), the [The] commissioner, in
collaboration with the commission, shall adopt a set of indicators
of the quality of learning, [and] achievement, and school quality,
including the indicators under Subsection (c). The commissioner,
in collaboration with the commission, periodically shall review the
indicators for the consideration of appropriate revisions.
(a-1) The indicators adopted [by the commissioner] under
Subsection (a) must measure and evaluate school district [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
Subsections (c)(1) and (2) [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 district [districts and] campuses must be
evaluated based on, as applicable to the campus, three domains of
indicators of achievement adopted under this section that include:
(1) in the academic [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 measure a
student's growth as the student progresses in age and grade level
and include:
(i) [(A)] for assessment instruments,
including assessment instruments under Paragraphs (A)(i)
[Subdivisions (1)(A)(i)] and (ii), the percentage of students who
met the standard for improvement, as determined by the
commissioner; and
(ii) [(B)] for evaluating relative
performance, the performance of [districts and] campuses compared
to similar [districts or] campuses; and
(C) [(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:
(i) [(A)] students formerly receiving
special education services;
(ii) [(B)] students continuously enrolled;
and
(iii) [(C)] students who are mobile;
(2) in the college, career, and military readiness
domain, for evaluating the performance of high school campuses,
indicators based on the college, career, and military readiness
outcomes described by Section 48.110 and that account for:
(A) 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;
(B) students who satisfy relevant performance
standards on advanced placement tests or similar assessments;
(C) students who earn dual course credits in the
dual credit courses;
(D) students who enlist in the armed forces of
the United States or the Texas National Guard;
(E) students who earn industry certifications;
(F) students admitted into postsecondary
industry certification programs that require as a prerequisite for
entrance successful performance at the secondary level;
(G) 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;
(H) 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;
(I) 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);
(J) students who successfully completed an
OnRamps dual enrollment course;
(K) students who successfully completed a
practicum or internship approved by the State Board of Education;
(L) students who are awarded an associate degree;
(M) students who successfully completed a
program of study in career and technical education;
(N) students who successfully complete the
necessary coursework or training to earn an industry credential
within two years of high school graduation;
(O) students who successfully complete an
internship of at least one year with a private business;
(P) students who successfully complete a Reserve
Officers' Training Corps (ROTC) program after high school
graduation; and
(Q) students who:
(i) successfully complete four years of
career and technical education; and
(ii) participate in the same program of
study during grades 11 and 12; and
(3) in the value-added domain, indicators that must
include:
(A) indicators adopted by the commissioner, in
collaboration with the commission, that account for:
(i) student attendance rates;
(ii) the percentage of students
participating in University Interscholastic League or other
competitive activities;
(iii) the percentage of students
participating in student leadership organizations;
(iv) the percentage of students who qualify
for the National Honor Society, National Junior Honor Society,
National Technical Honor Society, and other similar societies;
(v) the percentage of students who qualify
for the National Merit Scholarship Program;
(vi) the number of career and technical
education pathways offered, categorized by campus size;
(vii) the number of parental engagement
activities focused on student achievement offered;
(viii) whether a campus is designated as a
Purple Star Campus under Section 33.909; and
(ix) the number of students who take the
ACT, the SAT, or the Classic Learning Test and the percentage of
students who scored above the state average on those assessments;
and
(B) indicators proposed by a school district or
campus not later than the summer before the school year for which
the indicator was proposed and approved by the commissioner, in
collaboration with the commission.
(j) The commissioner may not adopt an indicator under this
section unless the commission, by a majority vote, approves the
indicator.
(k) In this section, "commission" means the Texas
Commission on Public School Assessment and Accountability
established under Subchapter N.
SECTION 9. Section 39.054, Education Code, is amended by
amending Subsections (a), (a-1), (a-2), (a-3), (a-4), (b), and (e)
and adding Subsections (f) and (g) to read as follows:
(a) Except as provided by Subsection (a-4) and subject to
Subsection (f), the commissioner, in collaboration with the
commission, shall adopt rules to evaluate school district [and]
campus performance and assign each [district and] campus an overall
performance rating of A, B, C, D, or F. In addition to the overall
performance rating, the commissioner shall assign each [district
and] campus a separate domain performance rating of A, B, C, D, or F
for each domain under Section 39.053(c). An overall or domain
performance rating of A reflects exemplary performance. An overall
or domain performance rating of B reflects recognized performance.
An overall or domain performance rating of C reflects acceptable
performance. An overall or domain performance rating of D reflects
performance that needs improvement. An overall or domain
performance rating of F reflects unacceptable performance. [A
district may not receive an overall or domain performance rating of
A if the district includes any campus with a corresponding overall
or domain performance rating of D or F.] If a school district has
been approved under Section 39.0544 to assign campus performance
ratings and the commissioner has not assigned a campus an overall
performance rating of D or F, the commissioner shall assign the
campus an overall performance rating based on the school district
assigned performance rating under Section 39.0544.
(a-1) For purposes of assigning an overall performance
rating for a [district or] campus under Subsection (a), the
commissioner may not increase a [shall:
[(1) consider either the district's or] campus's
performance rating more than one letter grade based on the campus's
performance under the value-added [student achievement domain
under Section 39.053(c)(1) or the school progress domain under
Section 39.053(c)(2), whichever performance rating is higher,
unless the district or campus received a performance rating of F in
either domain, in which case the district or campus may not be
assigned a performance rating higher than a B for the composite for
the two domains; and
[(2) attribute not less than 30 percent of the
performance rating to the closing the gaps] domain under Section
39.053(c)(3).
(a-2) Subject to Subsection (f), the [The] commissioner by
rule may adopt procedures to ensure that a repeated performance
rating of D or F or unacceptable in one domain, particularly
performance that is not significantly improving, is reflected in
the overall performance rating of a [district or] campus under this
section or [a campus under] Section 39.0544 and is not compensated
for by a performance rating of A, B, or C in another domain.
(a-3) Not later than August 15 of each year, the following
information shall be made publicly available as provided by rules
adopted under this section:
(1) the performance ratings for each school district
[and] campus; and
(2) if applicable, the number of consecutive school
years of unacceptable performance ratings for each [district and]
campus.
(a-4) Notwithstanding any other law, the commissioner may
assign a school district [or] campus an overall performance rating
of "Not Rated" if the commissioner determines that the assignment
of a performance rating of A, B, C, D, or F would be inappropriate
because:
(1) the [district or] campus is located in an area that
is subject to a declaration of a state of disaster under Chapter
418, Government Code, and due to the disaster, performance
indicators for the [district or] campus are difficult to measure or
evaluate and would not accurately reflect quality of learning and
achievement for the [district or] campus;
(2) the [district or] campus has experienced breaches
or other failures in data integrity to the extent that accurate
analysis of data regarding performance indicators is not possible;
(3) the number of students enrolled in the [district
or] campus is insufficient to accurately evaluate the performance
of the [district or] campus; or
(4) for other reasons outside the control of the
[district or] campus, the performance indicators would not
accurately reflect quality of learning and achievement for the
[district or] campus.
(b) For purposes of assigning school district [districts
and] campuses an overall and a domain performance rating under
Subsection (a), the commissioner shall ensure that the method used
to evaluate performance is implemented in a manner that provides
the mathematical possibility that all [districts and] campuses
receive an A rating.
(e) Each annual performance review under this section shall
include an analysis of the achievement indicators adopted under
Section 39.053, including Subsection (c) of that section, to
determine school district [and] campus performance in relation to
standards established for each indicator.
(f) The commissioner may not adopt a rule relating to
evaluating school district campus performance under this section
unless the commission, by a majority vote, approves the rule.
(g) In this section, "commission" means the Texas
Commission on Public School Assessment and Accountability
established under Subchapter N.
SECTION 10. Section 39.0541, Education Code, is amended to
read as follows:
Sec. 39.0541. ADOPTION OF INDICATORS AND STANDARDS.
Subject to Section 39.054(f), the [The] commissioner may adopt
indicators and standards under this subchapter at any time during a
school year before the evaluation of a school district [or] campus.
SECTION 11. Section 39.0545(b), Education Code, is amended
to read as follows:
(b) Notwithstanding any other law, the commissioner shall
adopt rules to develop and implement alternative methods and
standards for evaluating the performance for the 2020-2021 school
year of a campus to which this section applies. The rules adopted
under this section must evaluate a campus under the domains of
indicators of achievement listed in former Sections 39.053(c)(1)
and (2), as those sections existed January 1, 2025.
SECTION 12. Sections 39.0548(b) and (c), Education Code,
are amended to read as follows:
(b) Notwithstanding Section 39.053(c)(2)(I)
[39.053(c)(1)(B)(ix)], the commissioner shall use the alternative
completion rate under this subsection to determine the graduation
rate indicator under that paragraph [Section 39.053(c)(1)(B)(ix)]
for a dropout recovery school. The alternative completion rate
shall be the ratio of the total number of students who graduate,
continue attending school into the next academic year, or receive a
high school equivalency certificate to the total number of students
in the longitudinal cohort of students.
(c) Notwithstanding Section 39.053(c)(2)(I)
[39.053(c)(1)(B)(ix)], in determining the performance rating under
Section 39.054 of a dropout recovery school, the commissioner shall
include any student described by Section 39.053(g-1) who graduates
or receives a high school equivalency certificate.
SECTION 13. Section 39.203(c), Education Code, is amended
to read as follows:
(c) In addition to the distinction designations described
by Subsections (a) and (b), a campus that satisfies the criteria
developed under Section 39.204 shall be awarded a distinction
designation by the commissioner for outstanding performance in
academic achievement in reading [English language arts],
mathematics, or science[, or social studies].
SECTION 14. Chapter 39, Education Code, is amended by
adding Subchapter N to read as follows:
SUBCHAPTER N. TEXAS COMMISSION ON PUBLIC SCHOOL ASSESSMENT AND
ACCOUNTABILITY
Sec. 39.451. DEFINITION. In this subchapter, "commission"
means the Texas Commission on Public School Assessment and
Accountability.
Sec. 39.452. TEXAS COMMISSION ON PUBLIC SCHOOL ASSESSMENT
AND ACCOUNTABILITY. (a) The commission is established to:
(1) develop, implement, and supervise the public
school assessment and accountability systems; and
(2) develop new methods to assess student performance
and public schools.
(b) The commission is composed of 65 members, consisting of:
(1) one member appointed by the governor;
(2) one member appointed by the lieutenant governor;
(3) one member appointed by the speaker of the house of
representatives;
(4) two members appointed by the State Board of
Education; and
(5) three members appointed by each regional education
service center as follows, to the extent reasonably practicable:
(A) a representative of a small school district
in the region served by the center;
(B) a representative of a mid-sized school
district in the region served by the center; and
(C) a representative of a large school district
in the region served by the center.
(c) The members appointed by the governor, lieutenant
governor, or speaker of the house of representatives must have a
background in public education and be one of the following:
(1) an administrator in the public school system;
(2) a person with a substantive background in public
school assessment and accountability;
(3) a member of the business community;
(4) a person who is a current or retired classroom
teacher with at least 10 years of teaching experience and who
specializes or specialized in special education, bilingual
education, or career and technology education;
(5) an elected member of the board of trustees of a
school district; or
(6) a parent of a student in the public school system.
(d) In making appointments under Subsections (b)(1), (2),
and (3), the governor, lieutenant governor, and speaker of the
house of representatives shall coordinate to ensure that the
membership of the commission reflects, to the extent possible, the
ethnic and geographic diversity of this state.
Sec. 39.453. TERMS. Members of the commission serve
staggered six-year terms, with the terms of approximately one-third
of the members expiring June 1 of each odd-numbered year.
Sec. 39.454. PRESIDING OFFICER. The governor shall
designate the presiding officer of the commission.
Sec. 39.455. COMPENSATION AND REIMBURSEMENT. A commission
member is not entitled to compensation for service on the
commission but is entitled to reimbursement for actual and
necessary expenses incurred in performing commission duties.
Sec. 39.456. ADMINISTRATIVE SUPPORT AND FUNDING. (a) The
agency shall provide administrative support for the commission.
(b) Funding for the administrative and operational expenses
of the commission shall be provided by legislative appropriation
made to the agency for that purpose.
Sec. 39.457. DUTIES. (a) The commission shall collaborate
with the commissioner to develop:
(1) assessment instruments under Section 39.023;
(2) the performance indicators under Section 39.053;
and
(3) rules to evaluate school district campuses under
Section 39.054.
(b) The commission may establish one or more committees
composed of not more than 13 commission members to study, discuss,
and address specific policy issues and recommendations to refer to
the commission for consideration.
(c) The commission may consult with any accountability or
assessment workgroup established by the agency or other subject
matter experts.
Sec. 39.458. RECOMMENDATIONS. The commission may develop
recommendations to address issues related to the public school
assessment and accountability systems, including:
(1) the development of a formative assessment system
that provides for:
(A) assessments to be administered to students at
the beginning, middle, and end of a school year;
(B) a student whose performance on an assessment
indicates that the student is proficient in the required skills for
that grade level to be exempt from further assessments in those
skills during that school year;
(C) criterion-referenced, adaptive assessments
aligned to grade-level standards;
(D) student-specific feedback and recommended
interventions within 48 hours of the administration of an
assessment; and
(E) growth projections and end-of-year growth
analysis for an individual student in addition to cumulative data
at the campus level;
(2) changes to the performance indicators adopted
under Section 39.053(c); and
(3) changes to the rules for evaluating school
district campuses under Section 39.054.
SECTION 15. Section 39A.065(a), Education Code, is amended
to read as follows:
(a) A school [district, open-enrollment charter school,]
district campus[,] or open-enrollment charter school campus that is
assigned a rating of D that qualifies under Section 39.0543(b)
shall develop and implement a local improvement plan.
SECTION 16. Section 39A.113(a), Education Code, is amended
to read as follows:
(a) If the commissioner orders the closure of a campus under
this subchapter, that campus may be repurposed to serve students at
that campus location only if the commissioner:
(1) finds that the repurposed campus offers a
distinctly different academic program and:
(A) serves a majority of grade levels not served
at the original campus; or
(B) is operated under a contract, approved by the
school district board of trustees, with a nonprofit organization
exempt from federal taxation under Section 501(c)(3), Internal
Revenue Code of 1986, that:
(i) has a governing board that is
independent of the district; and
(ii) has a successful history of operating
school district campuses or open-enrollment charter schools:
(a) that cumulatively serve 10,000 or
more students; and
(b) a majority of which have been
assigned an overall performance rating of B or higher under Section
39.054 for the preceding school year; and
[(iii) has been assigned an overall
performance rating of B or higher under Section 39.054 for the
preceding school year; and]
(2) approves a new campus identification number for
the repurposed campus.
SECTION 17. Section 39A.117(b), Education Code, is amended
to read as follows:
(b) The [As soon as practicable after the effective date of
S.B. 1365, 87th Legislature, Regular Session, 2021, or similar
legislation, the] commissioner shall:
(1) determine the number of school years of
unacceptable performance ratings occurring after the 2012-2013
school year for each school [district, open-enrollment charter
school,] district campus[,] or open-enrollment charter school
campus by determining the number of unacceptable performance
ratings assigned to each [district, charter school,] district
[campus,] or charter school campus since the most recent acceptable
performance rating was assigned to the [district, charter school,]
district [campus,] or charter school campus; and
(2) use the number of school years of unacceptable
performance ratings as the base number of consecutive years of
unacceptable performance for which the performance rating in the
2021-2022 school year will be added.
SECTION 18. Sections 39A.118(a) and (f), Education Code,
are amended to read as follows:
(a) Until another performance rating is issued, the agency
may not implement the intervention or sanctions listed under
Subsection (b) for a school [district, open-enrollment charter
school,] district campus[,] or open-enrollment charter school
campus, if the performance rating initiating the action under
Subsection (b) is based on the first or second overall performance
rating of D, since previously receiving a rating of C or higher.
(f) For purposes of Subsection (a), a school [district,
open-enrollment charter school,] district campus[,] or
open-enrollment charter school campus that has never previously
been assigned an overall performance rating shall be considered to
have previously received an overall performance rating of C or
higher.
SECTION 19. Section 39A.901(b), Education Code, is amended
to read as follows:
(b) The commissioner must review at least annually the
performance of a school district for which the accreditation status
[or performance rating] has been lowered due to insufficient
student performance and may not raise the accreditation status [or
performance rating] until the district has demonstrated improved
student performance.
SECTION 20. Section 39.023(c-9), Education Code, is
repealed.
SECTION 21. This Act applies beginning with the 2026-2027
school year.
SECTION 22. 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, 2025.