Bill Text: TX HB22 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to public school accountability.
Spectrum: Moderate Partisan Bill (Republican 10-3)
Status: (Passed) 2017-06-15 - Effective immediately [HB22 Detail]
Download: Texas-2017-HB22-Enrolled.html
H.B. No. 22 |
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relating to public school accountability. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 11.252(a), Education Code, is amended to | ||
read as follows: | ||
(a) Each school district shall have a district improvement | ||
plan that is developed, evaluated, and revised annually, in | ||
accordance with district policy, by the superintendent with the | ||
assistance of the district-level committee established under | ||
Section 11.251. The purpose of the district improvement plan is to | ||
guide district and campus staff in the improvement of student | ||
performance for all student groups in order to attain state | ||
standards in respect to the achievement indicators adopted under | ||
Section 39.053(c) [ |
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improvement plan must include provisions for: | ||
(1) a comprehensive needs assessment addressing | ||
district student performance on the achievement indicators, and | ||
other appropriate measures of performance, that are disaggregated | ||
by all student groups served by the district, including categories | ||
of ethnicity, socioeconomic status, sex, and populations served by | ||
special programs, including students in special education programs | ||
under Subchapter A, Chapter 29; | ||
(2) measurable district performance objectives for | ||
all appropriate achievement indicators for all student | ||
populations, including students in special education programs | ||
under Subchapter A, Chapter 29, and other measures of student | ||
performance that may be identified through the comprehensive needs | ||
assessment; | ||
(3) strategies for improvement of student performance | ||
that include: | ||
(A) instructional methods for addressing the | ||
needs of student groups not achieving their full potential; | ||
(B) methods for addressing the needs of students | ||
for special programs, including: | ||
(i) suicide prevention programs, in | ||
accordance with Subchapter O-1, Chapter 161, Health and Safety | ||
Code, which includes a parental or guardian notification procedure; | ||
(ii) conflict resolution programs; | ||
(iii) violence prevention programs; and | ||
(iv) dyslexia treatment programs; | ||
(C) dropout reduction; | ||
(D) integration of technology in instructional | ||
and administrative programs; | ||
(E) discipline management; | ||
(F) staff development for professional staff of | ||
the district; | ||
(G) career education to assist students in | ||
developing the knowledge, skills, and competencies necessary for a | ||
broad range of career opportunities; and | ||
(H) accelerated education; | ||
(4) strategies for providing to middle school, junior | ||
high school, and high school students, those students' teachers and | ||
school counselors, and those students' parents information about: | ||
(A) higher education admissions and financial | ||
aid opportunities; | ||
(B) the TEXAS grant program and the Teach for | ||
Texas grant program established under Chapter 56; | ||
(C) the need for students to make informed | ||
curriculum choices to be prepared for success beyond high school; | ||
and | ||
(D) sources of information on higher education | ||
admissions and financial aid; | ||
(5) resources needed to implement identified | ||
strategies; | ||
(6) staff responsible for ensuring the accomplishment | ||
of each strategy; | ||
(7) timelines for ongoing monitoring of the | ||
implementation of each improvement strategy; | ||
(8) formative evaluation criteria for determining | ||
periodically whether strategies are resulting in intended | ||
improvement of student performance; and | ||
(9) the policy under Section 38.0041 addressing sexual | ||
abuse and other maltreatment of children. | ||
SECTION 2. Section 11.253(c), Education Code, is amended to | ||
read as follows: | ||
(c) Each school year, the principal of each school campus, | ||
with the assistance of the campus-level committee, shall develop, | ||
review, and revise the campus improvement plan for the purpose of | ||
improving student performance for all student populations, | ||
including students in special education programs under Subchapter | ||
A, Chapter 29, with respect to the achievement indicators adopted | ||
under Section 39.053(c) [ |
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appropriate performance measures for special needs populations. | ||
SECTION 3. Section 12.1013(c), Education Code, is amended | ||
to read as follows: | ||
(c) The report must include the performance of each public | ||
school in each class described by Subsection (b) as measured by the | ||
achievement indicators adopted under Section 39.053(c) [ |
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SECTION 4. Section 29.062(a), Education Code, is amended to | ||
read as follows: | ||
(a) The legislature recognizes that compliance with this | ||
subchapter is an imperative public necessity. Therefore, in | ||
accordance with the policy of the state, the agency shall evaluate | ||
the effectiveness of programs under this subchapter based on the | ||
achievement indicators adopted under Section 39.053(c) [ |
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instruments. The agency may combine evaluations under this section | ||
with federal accountability measures concerning students of | ||
limited English proficiency. | ||
SECTION 5. Section 29.202(a), Education Code, is amended to | ||
read as follows: | ||
(a) A student is eligible to receive a public education | ||
grant or to attend another public school in the district in which | ||
the student resides under this subchapter if the student is | ||
assigned to attend a public school campus assigned an unacceptable | ||
performance rating that is made publicly available under Section | ||
39.054 for: | ||
(1) the student achievement domain under Section | ||
39.053(c)(1) [ |
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(2) the school progress domain under Section | ||
39.053(c)(2) [ |
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SECTION 6. Chapter 39, Education Code, is amended by adding | ||
Subchapter A to read as follows: | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 39.001. RULES. (a) The commissioner shall adopt rules | ||
as necessary to administer this chapter. | ||
(b) In adopting a rule under this chapter, the commissioner | ||
shall solicit input statewide from persons who would likely be | ||
affected by the proposed rule, including school district boards of | ||
trustees, administrators and teachers employed by school | ||
districts, parents of students enrolled in school districts, and | ||
other interested stakeholders. | ||
Sec. 39.002. ADVISORY COMMITTEE. An advisory committee | ||
appointed under this chapter is not subject to Chapter 2110, | ||
Government Code. | ||
SECTION 7. Section 39.052(b), Education Code, is amended to | ||
read as follows: | ||
(b) In determining the accreditation status of a school | ||
district, the commissioner: | ||
(1) shall evaluate and consider: | ||
(A) performance on achievement indicators | ||
described by Section 39.053 [ |
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(B) performance under the financial | ||
accountability rating system developed under Subchapter D; and | ||
(2) may evaluate and consider: | ||
(A) the district's compliance with statutory | ||
requirements and requirements imposed by rule of the commissioner | ||
or State Board of Education under specific statutory authority that | ||
relate to: | ||
(i) reporting data through the Public | ||
Education Information Management System (PEIMS) or other reports | ||
required by state or federal law or court order; | ||
(ii) the high school graduation | ||
requirements under Section 28.025; or | ||
(iii) an item listed under Sections | ||
7.056(e)(3)(C)-(I) that applies to the district; | ||
(B) the effectiveness of the district's programs | ||
for special populations; and | ||
(C) the effectiveness of the district's career | ||
and technology program. | ||
SECTION 8. Section 39.053, Education Code, is amended by | ||
amending Subsections (a), (a-1), (b), (c), (d-1), (f), (g), (g-1), | ||
(g-2), and (i) and adding Subsections (c-3) and (e) 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 [ |
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review the indicators for the consideration of appropriate | ||
revisions. | ||
(a-1) The indicators adopted by the commissioner under | ||
Subsection (a)[ |
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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 [ |
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(b) Performance on the achievement indicators adopted under | ||
Subsection (c) [ |
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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 [ |
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this section that include: | ||
(1) in the student achievement [ |
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indicators of student achievement that must include [ |
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(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) [ |
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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) [ |
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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) [ |
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the results of assessment instruments required under Section | ||
39.023(b), as applicable for the district and campus, [ |
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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 51.3062(f) | ||
on an assessment instrument in reading or mathematics designated by | ||
the Texas Higher Education Coordinating Board under Section | ||
51.3062(c); | ||
(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; | ||
(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), and (g-3); | ||
(x) students who successfully completed an | ||
OnRamps dual enrollment course; and | ||
(xi) students who are awarded an | ||
associate's degree; | ||
(2) in the school progress [ |
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for effectiveness in promoting student learning, which must | ||
include: | ||
(A) for assessment instruments, including | ||
assessment instruments under Subdivisions (1)(A)(i) and (ii) | ||
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percentage of students who met the standard for [ |
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improvement [ |
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commissioner [ |
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(B) for evaluating relative performance, the | ||
performance of districts and campuses compared to similar districts | ||
or campuses [ |
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(3) [ |
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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 [ |
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(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-1) In aggregating results of assessment instruments | ||
across grade levels by subject in accordance with Subsection | ||
(c)(1)(A)(i) [ |
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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 [ |
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(g) In computing [ |
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rates under Subsection (c)(1)(B)(ix) [ |
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consider as a dropout a student whose failure to attend school | ||
results from: | ||
(1) the student's expulsion under Section 37.007; and | ||
(2) as applicable: | ||
(A) adjudication as having engaged in delinquent | ||
conduct or conduct indicating a need for supervision, as defined by | ||
Section 51.03, Family Code; or | ||
(B) conviction of and sentencing for an offense | ||
under the Penal Code. | ||
(g-1) In computing dropout and completion rates such as high | ||
school graduation rates under Subsection (c)(1)(B)(ix) | ||
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exclude: | ||
(1) students who are ordered by a court to attend a | ||
high school equivalency certificate program but who have not yet | ||
earned a high school equivalency certificate; | ||
(2) students who were previously reported to the state | ||
as dropouts, including a student who is reported as a dropout, | ||
reenrolls, and drops out again, regardless of the number of times of | ||
reenrollment and dropping out; | ||
(3) students in attendance who are not in membership | ||
for purposes of average daily attendance; | ||
(4) students whose initial enrollment in a school in | ||
the United States in grades 7 through 12 was as an unschooled asylee | ||
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(5) students who are in the district exclusively as a | ||
function of having been detained at a county detention facility but | ||
are otherwise not students of the district in which the facility is | ||
located; and | ||
(6) students who are incarcerated in state jails and | ||
federal penitentiaries as adults and as persons certified to stand | ||
trial as adults. | ||
(g-2) In computing completion rates such as high school | ||
graduation rates under Subsection (c)(1)(B)(ix) [ |
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commissioner shall exclude students who: | ||
(1) are at least 18 years of age as of September 1 of | ||
the school year as reported for the fall semester Public Education | ||
Information Management System (PEIMS) submission and have | ||
satisfied the credit requirements for high school graduation; | ||
(2) have not completed their individualized education | ||
program under 19 T.A.C. Section 89.1070(b)(2) and the Individuals | ||
with Disabilities Education Act (20 U.S.C. Section 1400 et seq.); | ||
and | ||
(3) are enrolled and receiving individualized | ||
education program services. | ||
(i) Each school district shall submit the data required for | ||
the indicators adopted under this section to the [ |
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SECTION 9. Subchapter C, Chapter 39, Education Code, is | ||
amended by adding Section 39.0533 to read as follows: | ||
Sec. 39.0533. EXTRACURRICULAR AND COCURRICULAR STUDENT | ||
ACTIVITY INDICATOR. (a) The commissioner shall study the | ||
feasibility of incorporating for evaluating school district and | ||
campus performance under this subchapter an indicator that accounts | ||
for extracurricular and cocurricular student activity. If the | ||
commissioner determines that an extracurricular and cocurricular | ||
student activity indicator is appropriate, the commissioner may | ||
adopt the indicator. | ||
(b) To determine the feasibility of adopting an indicator | ||
under this section, the commissioner may require a school district | ||
or campus to report requested information relating to | ||
extracurricular and cocurricular student activity. | ||
(c) The commissioner may establish an advisory committee to | ||
assist in determining the feasibility of incorporating an | ||
extracurricular and cocurricular student activity indicator for | ||
evaluating school district and campus performance. | ||
(d) Not later than December 1, 2022, the commissioner shall | ||
report to the legislature on the feasibility of incorporating an | ||
extracurricular and cocurricular student activity indicator, | ||
unless the commissioner adopts an indicator under this section | ||
before that date. | ||
(e) This section expires September 1, 2023. | ||
SECTION 10. Sections 39.054(a), (a-1), (a-2), (a-3), and | ||
(e), Education Code, as effective on September 1, 2017, are amended | ||
to read as follows: | ||
(a) The commissioner 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) [ |
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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 [ |
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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 reference in law to an | ||
acceptable rating or acceptable performance includes an overall or | ||
domain performance rating of A, B, [ |
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is exemplary, recognized, or acceptable performance or performance | ||
that needs improvement. | ||
(a-1) For purposes of assigning an overall performance | ||
rating for a district or campus under Subsection (a), the | ||
commissioner shall: | ||
(1) consider either the district's or campus's | ||
performance rating under the 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) [ |
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(a-2) The commissioner by rule may [ |
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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 performance | ||
ratings of each district and campus shall be made publicly | ||
available as provided by rules adopted under this section. [ |
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(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, [ |
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performance in relation to standards established for each | ||
indicator. | ||
SECTION 11. Section 39.054, Education Code, is amended by | ||
adding Subsections (a-4) and (b) to read as follows: | ||
(a-4) For performance ratings issued in August 2018 for the | ||
2017-2018 school year for campus performance, the commissioner | ||
shall issue only a rating of improvement required or met standard, | ||
as applicable, to a campus. This subsection expires January 1, | ||
2019. | ||
(b) For purposes of assigning school 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. | ||
SECTION 12. Section 39.054(f), Education Code, as effective | ||
September 1, 2017, is transferred to Section 39.053, Education | ||
Code, redesignated as Section 39.053(g-3), Education Code, and | ||
amended to read as follows: | ||
(g-3) [ |
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rates such as high school graduation rates under Subsection | ||
(c)(1)(B)(ix) [ |
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student who is released from a juvenile pre-adjudication secure | ||
detention facility or juvenile post-adjudication secure | ||
correctional facility and fails to enroll in school or a student who | ||
leaves a residential treatment center after receiving treatment for | ||
fewer than 85 days and fails to enroll in school may not be | ||
considered to have dropped out from the school district or campus | ||
serving the facility or center unless that district or campus is the | ||
one to which the student is regularly assigned. The agency may not | ||
limit an appeal relating to dropout computations under this | ||
subsection. | ||
SECTION 13. Subchapter C, Chapter 39, Education Code, is | ||
amended by adding Section 39.0541 to read as follows: | ||
Sec. 39.0541. ADOPTION OF INDICATORS AND STANDARDS. 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 14. Subchapter C, Chapter 39, Education Code, is | ||
amended by adding Sections 39.0542 and 39.0544 to read as follows: | ||
Sec. 39.0542. EXPLANATORY MATERIALS FOR ACCOUNTABILITY | ||
RATING SYSTEM. (a) Each school year, the commissioner shall | ||
provide each school district a document in a simple, accessible | ||
format that explains the accountability performance measures, | ||
methods, and procedures that will be applied for that school year in | ||
assigning each school district and campus a performance rating | ||
under Section 39.054. | ||
(b) The document provided under Subsection (a) must be | ||
provided in a format that a school district is able to easily | ||
distribute to parents of students enrolled in the district and | ||
other interested members of the public. | ||
(c) The commissioner, in collaboration with interested | ||
stakeholders, shall develop standardized language for each domain | ||
that does not exceed 250 words and that clearly describes the annual | ||
status of a district and campus relating to district and campus | ||
performance on the indicators used for that domain to determine the | ||
letter performance rating assigned to a district and campus. | ||
Sec. 39.0544. LOCAL ACCOUNTABILITY SYSTEM. (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; | ||
(2) may permit a district or school to assign weights | ||
to each domain or set of accountability measures 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. | ||
(b) The commissioner shall develop a process to approve a | ||
request by a school district or open-enrollment charter school to | ||
assign campus performance ratings in accordance with this section. | ||
Under that process, a district or school must obtain approval of a | ||
local accountability plan submitted by the district or school to | ||
the agency. A plan may be approved only if: | ||
(1) after review, the agency determines the plan meets | ||
the minimum requirements under this section and agency rule; | ||
(2) at the commissioner's discretion, an audit | ||
conducted by the agency verifies the calculations included in the | ||
plan; and | ||
(3) subject to Subsection (d), a review panel | ||
appointed under Subsection (c) approves the plan. | ||
(c) The commissioner shall appoint a review panel for | ||
purposes of Subsection (b)(3) that includes a majority of members | ||
who are superintendents or members of the board of trustees or | ||
governing body of school districts or open-enrollment charter | ||
schools with approved local accountability plans. | ||
(d) The requirement under Subsection (b)(3) applies only | ||
after performance ratings are issued in August 2019 and only if at | ||
least 10 school districts or open-enrollment charter schools have | ||
obtained approval of locally developed accountability plans. | ||
(e) A school district or open-enrollment charter school | ||
authorized under this section to assign campus performance ratings | ||
shall evaluate the performance of each campus as provided by this | ||
section and assign each campus a performance rating of A, B, C, D, | ||
or F for overall performance and for each locally developed domain | ||
or set of accountability measures. Not later than a date | ||
established by the commissioner, the district or school shall: | ||
(1) report the performance ratings to the agency; and | ||
(2) make the performance ratings available to the | ||
public as provided by commissioner rule. | ||
SECTION 15. Sections 39.0548(b), (c), and (d), Education | ||
Code, are amended to read as follows: | ||
(b) Notwithstanding Section 39.053(c)(1)(B)(ix) | ||
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completion rate under this subsection to determine the graduation | ||
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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)(1)(B)(ix) | ||
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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. | ||
(d) Notwithstanding Section 39.053(c), for purposes of | ||
evaluating a dropout recovery school under the accountability | ||
procedures adopted by the commissioner to determine the performance | ||
rating of the school under Section 39.054,[ |
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administration or any retake of an assessment instrument | ||
administered to a student in the school year evaluated may be | ||
considered[ |
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SECTION 16. Section 39.055, Education Code, is amended to | ||
read as follows: | ||
Sec. 39.055. STUDENT ORDERED BY A JUVENILE COURT OR STUDENT | ||
IN RESIDENTIAL FACILITY NOT CONSIDERED FOR ACCOUNTABILITY | ||
PURPOSES. Notwithstanding any other provision of this code except | ||
to the extent otherwise provided under Section 39.053(g-3) | ||
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school district, campus, or open-enrollment charter school under | ||
this chapter, a student ordered by a juvenile court into a | ||
residential program or facility operated by or under contract with | ||
the Texas Juvenile Justice Department, a juvenile board, or any | ||
other governmental entity or any student who is receiving treatment | ||
in a residential facility is not considered to be a student of the | ||
school district in which the program or facility is physically | ||
located or of an open-enrollment charter school, as | ||
applicable. The performance of such a student on an assessment | ||
instrument or other achievement indicator adopted under Section | ||
39.053 or reporting indicator adopted under Section 39.301 shall be | ||
determined, reported, and considered separately from the | ||
performance of students attending a school of the district in which | ||
the program or facility is physically located or an open-enrollment | ||
charter school, as applicable. | ||
SECTION 17. Subchapter E, Chapter 39, Education Code, is | ||
amended by adding Section 39.101 to read as follows: | ||
Sec. 39.101. NEEDS IMPROVEMENT RATING. (a) | ||
Notwithstanding any other law, if a school district or campus is | ||
assigned an overall or domain performance rating of D: | ||
(1) the commissioner shall order the district or | ||
campus to develop and implement a targeted improvement plan | ||
approved by the board of trustees of the district; and | ||
(2) the interventions and sanctions provided by this | ||
subchapter based on failure to satisfy performance standards under | ||
Section 39.054(e) apply to the district or campus only as provided | ||
by this section. | ||
(b) The interventions and sanctions provided by this | ||
subchapter based on failure to satisfy performance standards under | ||
Section 39.054(e) apply to a district or campus ordered to develop | ||
and implement a targeted improvement plan under Subsection (a) only | ||
if the district or campus is assigned: | ||
(1) an overall or domain performance rating of F; or | ||
(2) an overall performance rating of D as provided by | ||
Subsection (c). | ||
(c) If a school district or campus is assigned an overall | ||
performance rating of D for a school year after the district or | ||
campus is ordered to develop and implement a targeted improvement | ||
plan under Subsection (a), the commissioner shall implement | ||
interventions and sanctions that apply to an unacceptable campus | ||
and those interventions and sanctions shall continue for each | ||
consecutive school year thereafter in which the campus is assigned | ||
an overall performance rating of D. | ||
(d) The commissioner shall adopt rules as necessary to | ||
implement this section. | ||
SECTION 18. Section 39.301(b), Education Code, is amended | ||
to read as follows: | ||
(b) Performance on the indicators adopted under this | ||
section shall be evaluated in the same manner provided for | ||
evaluation of the achievement indicators under Section 39.053(c) | ||
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SECTION 19. The following provisions of the Education Code | ||
are repealed: | ||
(1) Section 39.054(c), as effective September 1, 2017; | ||
and | ||
(2) Sections 39.0545 and 39.0546. | ||
SECTION 20. If H.B. 1500, 85th Legislature, Regular | ||
Session, 2017, becomes law, that law has no effect. | ||
SECTION 21. Not later than January 1, 2019, the | ||
commissioner of education shall submit a report to the standing | ||
committees of the legislature having primary jurisdiction over | ||
primary and secondary education that provides for a preliminary | ||
evaluation of campuses under Section 39.054, Education Code, as | ||
amended by this Act. The report must include: | ||
(1) the overall and domain performance rating each | ||
campus would have received under Section 39.054, Education Code, as | ||
amended by this Act, for the 2017-2018 school year if the indicators | ||
adopted by the commissioner of education under Section 39.053, | ||
Education Code, as amended by this Act, existed during the | ||
2017-2018 school year; and | ||
(2) the correlation between each designated letter | ||
performance rating the campus would have received and the | ||
percentage of students at each campus: | ||
(A) qualifying for the free or reduced-price | ||
breakfast under the national school breakfast programs provided for | ||
by the Child Nutrition Act of 1966 (42 U.S.C. Section 1773); | ||
(B) that are students of limited English | ||
proficiency as defined by Section 29.052, Education Code; and | ||
(C) disaggregated by race, ethnicity, and | ||
socioeconomic status used to assign ratings in the system. | ||
SECTION 22. This Act applies beginning with the 2017-2018 | ||
school year. | ||
SECTION 23. 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, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 22 was passed by the House on May 4, | ||
2017, by the following vote: Yeas 146, Nays 0, 2 present, not | ||
voting; that the House refused to concur in Senate amendments to | ||
H.B. No. 22 on May 26, 2017, and requested the appointment of a | ||
conference committee to consider the differences between the two | ||
houses; and that the House adopted the conference committee report | ||
on H.B. No. 22 on May 28, 2017, by the following vote: Yeas 140, | ||
Nays 0, 1 present, not voting, and that the House adopted H.C.R. No. | ||
165 authorizing certain corrections in H.B. No. 22 on May 29, 2017, | ||
by the following vote: Yeas 147, Nays 0, 1 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 22 was passed by the Senate, with | ||
amendments, on May 24, 2017, by the following vote: Yeas 28, Nays | ||
3; at the request of the House, the Senate appointed a conference | ||
committee to consider the differences between the two houses; and | ||
that the Senate adopted the conference committee report on H.B. No. | ||
22 on May 28, 2017, by the following vote: Yeas 31, Nays 0, and | ||
that the Senate adopted H.C.R. No. 165 authorizing certain | ||
corrections in H.B. No. 22 on May 29, 2017, by the following vote: | ||
Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |