Bill Text: TX HB1321 | 2017-2018 | 85th Legislature | Introduced

---

Bill Title: Relating to eliminating the requirement to use public school assessment instruments as a criterion for promotion or graduation or to make certain accountability determinations.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-02-27 - Referred to Public Education [HB1321 Detail]

Download: Texas-2017-HB1321-Introduced.html

---

85R7749 GCB-D
By: Landgraf H.B. No. 1321

A BILL TO BE ENTITLED
AN ACT
relating to eliminating the requirement to use public school
assessment instruments as a criterion for promotion or graduation
or to make certain accountability determinations.
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
Sections 39.053(c)(1)-(3) [39.053(c)(1)-(4)]. The district
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 Sections 39.053(c)(1)-(3) [39.053(c)(1)-(4)] and any other
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 Sections 39.053(c)(1)-(3)
[39.053(c)(1)-(4)] and student attrition rates.
SECTION 4. Section 18.005(c), Education Code, is amended to
read as follows:
(c) A Job Corps diploma program shall:
(1) develop educational programs specifically
designed for persons eligible for enrollment in a Job Corps
training program established by the United States Department of
Labor;
(2) coordinate educational programs and services in
the diploma program with programs and services provided by the
United States Department of Labor and other federal and state
agencies and local political subdivisions and by persons who
provide programs and services under contract with the United States
Department of Labor;
(3) provide a course of instruction that includes the
required curriculum under Subchapter A, Chapter 28; and
(4) [require that students enrolled in the diploma
program satisfy the requirements of Section 39.025 before receiving
a diploma under this chapter; and
[(5)] comply with a requirement imposed under this
title or a rule adopted under this title relating to the Public
Education Information Management System (PEIMS) to the extent
necessary to determine compliance with this chapter, as determined
by the commissioner.
SECTION 5. Section 18.006(b), Education Code, is amended to
read as follows:
(b) In addition to other factors determined to be
appropriate by the commissioner, the accountability system must
include consideration of[:
[(1) student performance on the end-of-course
assessment instruments required by Section 39.023(c); and
[(2)] dropout rates, including dropout rates and
diploma program completion rates for the grade levels served by the
diploma program.
SECTION 6. Section 19.0043(b), Education Code, is amended
to read as follows:
(b) A student may graduate and receive a diploma from a
Windham School District educational program if:
(1) the student successfully completes the curriculum
requirements identified by the State Board of Education under
Section 28.025(a) [and complies with Section 39.025]; or
(2) the student successfully completes the curriculum
requirements under Section 28.025(a) as modified by an
individualized education program developed under Section 29.005.
SECTION 7. Section 25.005(b), Education Code, is amended to
read as follows:
(b) A reciprocity agreement must:
(1) address procedures for:
(A) transferring student records; and
(B) awarding credit for completed course work;
and
[(C) permitting a student to satisfy the
requirements of Section 39.025 through successful performance on
comparable end-of-course or other exit-level assessment
instruments administered in another state; and]
(2) include appropriate criteria developed by the
agency.
SECTION 8. Section 28.006(j), Education Code, is amended to
read as follows:
(j) No more than 15 percent of the funds certified by the
commissioner under Subsection (i) may be spent on indirect costs.
The commissioner shall evaluate the programs that fail to meet the
standard of performance under Section 39.301(c)(6) [39.301(c)(5)]
and may implement interventions or sanctions under Subchapter E,
Chapter 39. The commissioner may audit the expenditures of funds
appropriated for purposes of this section. The use of the funds
appropriated for purposes of this section shall be verified as part
of the district audit under Section 44.008.
SECTION 9. Section 28.021(c), Education Code, is amended to
read as follows:
(c) In determining promotion under Subsection (a), a school
district shall consider:
(1) the recommendation of the student's teacher;
(2) the student's grade in each subject or course; and
(3) [the student's score on an assessment instrument
administered under Section 39.023(a), (b), or (l), to the extent
applicable; and
[(4)] any other necessary academic information, as
determined by the district.
SECTION 10. The heading to Section 28.0211, Education Code,
is amended to read as follows:
Sec. 28.0211. [SATISFACTORY PERFORMANCE ON ASSESSMENT
INSTRUMENTS REQUIRED;] ACCELERATED INSTRUCTION.
SECTION 11. Sections 28.0211(a-1), (c), (d), (g), (i), and
(k), Education Code, are amended to read as follows:
(a-1) Each time a student fails to perform satisfactorily on
an assessment instrument administered under Section 39.023(a) [in
the third, fourth, fifth, sixth, seventh, or eighth grade], the
school district in which the student attends school shall provide
to the student accelerated instruction in the applicable subject
area. Accelerated instruction may require participation of the
student before or after normal school hours and may include
participation at times of the year outside normal school
operations.
(c) [Each time a student fails to perform satisfactorily on
an assessment instrument specified under Subsection (a), the school
district in which the student attends school shall provide to the
student accelerated instruction in the applicable subject area,
including reading instruction for a student who fails to perform
satisfactorily on a reading assessment instrument. After a student
fails to perform satisfactorily on an assessment instrument a
second time, a grade placement committee shall be established to
prescribe the accelerated instruction the district shall provide to
the student before the student is administered the assessment
instrument the third time. The grade placement committee shall be
composed of the principal or the principal's designee, the
student's parent or guardian, and the teacher of the subject of an
assessment instrument on which the student failed to perform
satisfactorily. The district shall notify the parent or guardian
of the time and place for convening the grade placement committee
and the purpose of the committee.] An accelerated instruction
group administered by a school district under this section may not
have a ratio of more than 10 students for each teacher.
(d) In addition to providing accelerated instruction to a
student under Subsection (a-1) [(c)], the district shall notify the
student's parent or guardian of:
(1) the student's failure to perform satisfactorily on
the assessment instrument; and
(2) the accelerated instruction program to which the
student is assigned[; and
[(3) the possibility that the student might be
retained at the same grade level for the next school year].
(g) This section does not preclude the retention at a grade
level, in accordance with state law or school district policy, of a
student who performs satisfactorily on an assessment instrument
[specified under Subsection (a)].
(i) The admission, review, and dismissal committee of a
student who participates in a district's special education program
under Subchapter A [B], Chapter 29, and who does not perform
satisfactorily on an assessment instrument [specified under
Subsection (a) and] administered under Section 39.023(a) or (b)
shall determine[:
[(1)] the manner in which the student will participate
in an accelerated instruction program under this section[; and
[(2) whether the student will be promoted or retained
under this section].
(k) The commissioner shall adopt rules as necessary to
implement this section[, including rules concerning when school
districts shall administer assessment instruments required under
this section and which administration of the assessment instruments
will be used for purposes of Section 39.054].
SECTION 12. Sections 28.025(b-7), (c), and (e), Education
Code, are amended to read as follows:
(b-7) The State Board of Education, in coordination with the
Texas Higher Education Coordinating Board, shall adopt rules to
ensure that a student may comply with the curriculum requirements
under the foundation high school program or for an endorsement
under Subsection (c-1) by successfully completing appropriate
courses in the core curriculum of an institution of higher
education under Section 61.822. Notwithstanding Subsection (b-15)
or (c) [of this section, Section 39.025,] or any other provision of
this code and notwithstanding any school district policy, a student
who has completed the core curriculum of an institution of higher
education under Section 61.822, as certified by the institution in
accordance with commissioner rule, is considered to have earned a
distinguished level of achievement under the foundation high school
program and is entitled to receive a high school diploma from the
appropriate high school as that high school is determined in
accordance with commissioner rule. A student who is considered to
have earned a distinguished level of achievement under the
foundation high school program under this subsection may apply for
admission to an institution of higher education for the first
semester or other academic term after the semester or other
academic term in which the student completes the core curriculum.
(c) A person may receive a diploma if the person is eligible
for a diploma under Section 28.0251. In other cases, a student may
graduate and receive a diploma only if:
(1) the student successfully completes the curriculum
requirements identified by the State Board of Education under
Subsection (a) [and complies with Section 39.025]; or
(2) the student successfully completes an
individualized education program developed under Section 29.005.
(e) Each school district shall report the academic
achievement record of students who have completed the foundation
high school program on transcript forms adopted by the State Board
of Education. [The transcript forms adopted by the board must be
designed to clearly identify whether a student received a diploma
or a certificate of coursework completion.]
SECTION 13. Section 28.0255(g), Education Code, is amended
to read as follows:
(g) A student is entitled to a high school diploma if the
student[:
[(1)] successfully complies with the curriculum
requirements specified under Subsection (e)[; and
[(2) performs satisfactorily, as determined by the
commissioner under Subsection (h), on end-of-course assessment
instruments listed under Section 39.023(c) for courses in which the
student was enrolled].
SECTION 14. 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 Sections 39.053(c)(1)-(3)
[39.053(c)(1)-(4), including the results of assessment
instruments]. The agency may combine evaluations under this
section with federal accountability measures concerning students
of limited English proficiency.
SECTION 15. Section 29.081(b-1), Education Code, is amended
to read as follows:
(b-1) Each school district shall offer before the next
scheduled administration of the assessment instrument, without
cost to the student, additional accelerated instruction to each
student in any subject in which the student failed to perform
satisfactorily on an end-of-course assessment instrument listed in
Section 39.023(c) [required for graduation].
SECTION 16. Section 29.087(l), Education Code, is amended
to read as follows:
(l) The commissioner may revoke a school district's or
open-enrollment charter school's authorization under this section
after consideration of relevant factors, including [performance of
students participating in the district's or school's program on
assessment instruments required under Chapter 39,] the percentage
of students participating in the district's or school's program who
complete the program and perform successfully on the high school
equivalency examination[,] and other criteria adopted by the
commissioner. A decision by the commissioner under this subsection
is final and may not be appealed.
SECTION 17. Section 29.259(g), Education Code, is amended
to read as follows:
(g) A person who is at least 19 years of age and not more
than 50 years of age is eligible to enroll in the adult education
program under this section if the person has not earned a high
school equivalency certificate and:
(1) has failed to complete the curriculum requirements
for high school graduation; or
(2) has failed to perform satisfactorily on an
assessment instrument that, before the 2017-2018 school year, was
required for high school graduation.
SECTION 18. Section 29.402(c), Education Code, is amended
to read as follows:
(c) A public junior college under this section shall:
(1) design a dropout recovery curriculum that includes
career and technology education courses that lead to industry or
career certification;
(2) integrate into the dropout recovery curriculum
research-based strategies to assist students in becoming able
academically to pursue postsecondary education, including:
(A) high quality, college readiness instruction
with strong academic and social supports;
(B) secondary to postsecondary bridging that
builds college readiness skills, provides a plan for college
completion, and ensures transition counseling; and
(C) information concerning appropriate supports
available in the first year of postsecondary enrollment to ensure
postsecondary persistence and success, to the extent funds are
available for the purpose;
(3) offer advanced academic and transition
opportunities, including dual credit courses and college
preparatory courses, such as advanced placement courses; and
(4) coordinate with each partnering school district to
provide in the articulation agreement that the district retains
accountability for student attendance and[,] student completion of
high school course requirements[, and student performance on
assessment instruments] as necessary for the student to receive a
diploma from a high school of the partnering school district.
SECTION 19. Section 30.021(e), Education Code, is amended
to read as follows:
(e) The school shall cooperate with public and private
agencies and organizations serving students and other persons with
visual impairments in the planning, development, and
implementation of effective educational and rehabilitative service
delivery systems associated with educating students with visual
impairments. To maximize and make efficient use of state
facilities, funding, and resources, the services provided in this
area may include conducting a cooperative program with other
agencies to serve students who have graduated from high school by
completing all academic requirements applicable to students in
regular education[, excluding satisfactory performance under
Section 39.025,] who are younger than 22 years of age on September 1
of the school year and who have identified needs related to
vocational training, independent living skills, orientation and
mobility, social and leisure skills, compensatory skills, or
remedial academic skills.
SECTION 20. Section 30.104(b), Education Code, is amended
to read as follows:
(b) A student may graduate and receive a diploma from a
department educational program if:
(1) the student successfully completes the curriculum
requirements identified by the State Board of Education under
Section 28.025(a) [and complies with Section 39.025]; or
(2) the student successfully completes the curriculum
requirements under Section 28.025(a) as modified by an
individualized education program developed under Section 29.005.
SECTION 21. Section 32.258(b), Education Code, is amended
to read as follows:
(b) The system established under Subsection (a) shall
provide a means for a student or the student's parent or other
person standing in parental relationship to track the student's
progress on end-of-course assessment instruments administered
under Section 39.023(c) [instrument requirements for graduation].
SECTION 22. Section 37.008(m), Education Code, is amended
to read as follows:
(m) The commissioner shall adopt rules necessary to
evaluate annually the performance of each district's disciplinary
alternative education program established under this subchapter.
The evaluation required by this section shall be based on
indicators defined by the commissioner[, but must include student
performance on assessment instruments required under Sections
39.023(a) and (c)]. Academically, the mission of disciplinary
alternative education programs shall be to enable students to
perform at grade level.
SECTION 23. Section 39.023(c-2), Education Code, is amended
to read as follows:
(c-2) The agency may adopt end-of-course assessment
instruments for courses not listed in Subsection (c). A student's
performance on an end-of-course assessment instrument adopted
under this subsection is not subject to any [the] performance
requirements [established under Subsection (c) or Section 39.025].
SECTION 24. The heading to Section 39.025, Education Code,
is amended to read as follows:
Sec. 39.025. USE OF END-OF-COURSE ASSESSMENT INSTRUMENT
[SECONDARY-LEVEL PERFORMANCE REQUIRED].
SECTION 25. Section 39.025(a), Education Code, is amended
to read as follows:
(a) The commissioner shall adopt rules requiring a student
in the foundation high school program under Section 28.025 to be
administered an end-of-course assessment instrument listed in
Section 39.023(c) only for a course in which the student is enrolled
and for which an end-of-course assessment instrument is
administered. Each student's performance on an end-of-course
assessment instrument shall be evaluated to determine whether the
[A] student achieved [is required to achieve] a scale score that
indicates satisfactory performance, as determined by the
commissioner under Section 39.0241(a)[, on each end-of-course
assessment instrument administered to the student]. The results of
the administration of an end-of-course assessment instrument
required under this subsection may not be used as criteria for
graduation. The results may be used only for the purpose of
diagnosing the academic strengths and deficiencies of a student and
guiding specific instruction to the student. [For each scale score
required under this subsection that is not based on a 100-point
scale scoring system, the commissioner shall provide for
conversion, in accordance with commissioner rule, of the scale
score to an equivalent score based on a 100-point scale scoring
system. A student may not receive a high school diploma until the
student has performed satisfactorily on end-of-course assessment
instruments in the manner provided under this subsection. This
subsection does not require a student to demonstrate readiness to
enroll in an institution of higher education.]
SECTION 26. Section 39.034(d), Education Code, is amended
to read as follows:
(d) The agency shall determine the necessary annual
improvement required each year for a student to be prepared to
perform satisfactorily on, as applicable:
(1) the grade five assessment instruments;
(2) the grade eight assessment instruments; and
(3) the end-of-course assessment instruments listed
in Section 39.023(c) [required under this subchapter for
graduation].
SECTION 27. Sections 39.053(a-1), (b), (c), (f), (g),
(g-1), and (g-2), Education Code, are amended to read as follows:
(a-1) The indicators adopted by the commissioner under
Subsection (a), including the indicators identified under
Subsection (c), must measure and evaluate school districts and
campuses with respect to:
(1) improving student preparedness for success in:
(A) subsequent grade levels; and
(B) entering the workforce, the military, or
postsecondary education;
(2) reducing, with the goal of eliminating, student
academic achievement differentials among students from different
racial and ethnic groups and socioeconomic backgrounds; and
(3) informing parents and the community regarding
campus and district performance in the domains described by
Subsection (c) and, for the domain described by Subsection (c)(4)
[(c)(5)], in accordance with local priorities and preferences.
(b) Performance on the achievement indicators adopted under
Subsections (c)(1)-(3) [(c)(1)-(4)] shall be compared to
state-established standards. The indicators must be based on
information that is disaggregated by race, ethnicity, and
socioeconomic status.
(c) School districts and campuses must be evaluated based on
four [five] domains of indicators of achievement adopted under this
section that include:
(1) in the first domain, the percentage of students
promoted to the next grade level [results of:
[(A) assessment instruments required under
Sections 39.023(a), (c), and (l), including the results of
assessment instruments required for graduation retaken by a
student, aggregated across grade levels by subject area, including:
[(i) 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
[(ii) 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
[(B) assessment instruments required under
Section 39.023(b), aggregated across grade levels by subject area,
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];
(2) in the second domain[:
[(A) for assessment instruments under
Subdivision (1)(A):
[(i) for the performance standard
determined by the commissioner under Section 39.0241(a), the
percentage of students who met the standard for annual improvement
on the assessment instruments, as determined by the commissioner by
rule or by the method for measuring annual improvement under
Section 39.034, aggregated across grade levels by subject area; and
[(ii) for the college readiness performance
standard as determined under Section 39.0241, the percentage of
students who met the standard for annual improvement on the
assessment instruments, as determined by the commissioner by rule
or by the method for measuring annual improvement under Section
39.034, aggregated across grade levels by subject area; and
[(B) for assessment instruments under
Subdivision (1)(B), the percentage of students who met the standard
for annual improvement on the assessment instruments, as determined
by the commissioner by rule or by the method for measuring annual
improvement under Section 39.034, aggregated across grade levels by
subject area;
[(3) in the third domain], the student academic
achievement differentials among students from different racial and
ethnic groups and socioeconomic backgrounds;
(3) [(4)] in the third [fourth] domain:
(A) for evaluating the performance of high school
campuses and districts that include high school campuses:
(i) dropout rates, including dropout rates
and district completion rates for grade levels 9 through 12,
computed in accordance with standards and definitions adopted by
the National Center for Education Statistics of the United States
Department of Education;
(ii) high school graduation rates, computed
in accordance with standards and definitions adopted in compliance
with the Every Student Succeeds [No Child Left Behind] Act [of 2001]
(20 U.S.C. Section 6301 et seq.);
(iii) the percentage of students who
successfully completed the curriculum requirements for the
distinguished level of achievement under the foundation high school
program;
(iv) the percentage of students who
successfully completed the curriculum requirements for an
endorsement under Section 28.025(c-1);
(v) the percentage of students who
completed a coherent sequence of career and technical courses;
(vi) the percentage of 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, writing,
or mathematics designated by the Texas Higher Education
Coordinating Board under Section 51.3062(c);
(vii) the percentage of students who earn
at least 12 hours of postsecondary credit required for the
foundation high school program under Section 28.025 or to earn an
endorsement under Section 28.025(c-1);
(viii) the percentage of students who have
completed an advanced placement course;
(ix) the percentage of students who enlist
in the armed forces of the United States; and
(x) the percentage of students who earn an
industry certification;
(B) for evaluating the performance of middle and
junior high school and elementary school campuses and districts
that include those campuses:
(i) student attendance; and
(ii) for middle and junior high school
campuses:
(a) dropout rates, computed in the
manner described by Paragraph (A)(i); and
(b) the percentage of students in
grades seven and eight who receive instruction in preparing for
high school, college, and a career that includes information
regarding the creation of a high school personal graduation plan
under Section 28.02121, the distinguished level of achievement
described by Section 28.025(b-15), each endorsement described by
Section 28.025(c-1), college readiness standards, and potential
career choices and the education needed to enter those careers; and
(C) any additional indicators of student
achievement not associated with performance on standardized
assessment instruments determined appropriate for consideration by
the commissioner in consultation with educators, parents, business
and industry representatives, and employers; and
(4) [(5)] in the fourth [fifth] domain, three programs
or specific categories of performance related to community and
student engagement locally selected and evaluated as provided by
Section 39.0546.
(f) Annually, the commissioner shall define the state
standard for the current school year for each achievement indicator
described by Subsections (c)(1)-(3) [(c)(1)-(4)] and shall project
the state standards for each indicator for the following two school
years. [The commissioner shall periodically raise the state
standards for the college readiness achievement indicator
described by Subsection (c)(1)(A)(ii) for accreditation as
necessary to reach the goals of achieving, by not later than the
2019-2020 school year:
[(1) student performance in this state, disaggregated
by race, ethnicity, and socioeconomic status, that ranks nationally
in the top 10 states in terms of college readiness; and
[(2) student performance with no significant
achievement gaps by race, ethnicity, and socioeconomic status.]
(g) In defining the required state standard for the dropout
rate indicator described by Subsections (c)(3)(A)(i)
[(c)(4)(A)(i)] and (B)(ii)(a), the commissioner may not 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 under
Subsections (c)(3)(A)(i) [(c)(4)(A)(i)] and (B)(ii)(a), the
commissioner shall 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 unschooled refugees
or asylees as defined by Section 39.027(a-1);
(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 under Subsection
(c)(3)(A)(i) [(c)(2)], the 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.
SECTION 28. Section 39.054(b-1), Education Code, is amended
to read as follows:
(b-1) Consideration of the effectiveness of district
programs under Section 39.052(b)(2)(B) or (C):
(1) must[:
[(A)] be based on data collected through the
Public Education Information Management System (PEIMS) for
purposes of accountability under this chapter; and
[(B) include the results of assessments required
under Section 39.023; and]
(2) may be based on the results of a special
accreditation investigation conducted under Section 39.057.
SECTION 29. Sections 39.054(a), (a-1), (c), (e), and (f),
Education Code, as effective 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 Sections 39.053(c)(1)-(3)
[39.053(c)(1)-(4)]. 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 or 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.
A reference in law to an acceptable rating or acceptable
performance includes an overall or domain performance rating of A,
B, or C or exemplary, recognized, or acceptable performance.
(a-1) For purposes of assigning an overall performance
rating under Subsection (a), the commissioner shall attribute:
(1) 55 percent of the performance evaluation to the
achievement indicators for the first and[,] second[, and third]
domains under Sections 39.053(c)(1) and (2) [39.053(c)(1)-(3)];
(2) for middle and junior high school and elementary
campuses and districts that include only those campuses, 35 percent
of the performance evaluation to the applicable achievement
indicators for the third [fourth] domain under Section 39.053(c)(3)
[Section 39.053(c)(4)];
(3) for high school campuses and districts that
include those campuses:
(A) 10 percent of the performance evaluation to
the high school graduation rate achievement indicator described by
Section 39.053(c)(3)(A)(ii) [39.053(c)(4)(A)(ii)]; and
(B) 25 percent to the remaining applicable
achievement indicators for the third [fourth] domain under Section
39.053(c)(3) [39.053(c)(4)]; and
(4) 10 percent of the performance evaluation to the
locally selected and evaluated achievement indicators provided for
under the fourth [fifth] domain under Section 39.053(c)(4)
[39.053(c)(5)].
(c) In evaluating school district and campus performance on
the achievement indicator [indicators] for student performance
based on promotion [assessment instruments adopted] under Section
[Sections] 39.053(c)(1) [and (2)] and the dropout rate indicator
adopted under Sections 39.053(c)(3)(A)(i) [39.053(c)(4)(A)(i)] and
(B)(ii)(a), the commissioner shall define acceptable performance
as meeting the state standard determined by the commissioner under
Section 39.053(f) for the current school year based on:
(1) student performance in the current school year; or
(2) student performance as averaged over the current
school year and the preceding two school years.
(e) Each annual performance review under this section shall
include an analysis of the achievement indicators adopted under
Sections 39.053(c)(1)-(3) [39.053(c)(1)-(4)] to determine school
district and campus performance in relation to standards
established for each indicator.
(f) In the computation of dropout rates under Sections
39.053(c)(3)(A)(i) [39.053(c)(4)(A)(i)] and (B)(ii)(a), a 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 30. Section 39.0546(a), Education Code, is amended
to read as follows:
(a) For purposes of including the local evaluation of
districts and campuses under Section 39.053(c)(4) [39.053(c)(5)]
and assigning an overall rating under Section 39.054, before the
beginning of each school year:
(1) each school district shall:
(A) select and report to the agency three
programs or categories under Section 39.0545(b)(1)[, as added by
Chapter 211 (H.B. 5), Acts of the 83rd Legislature, Regular
Session, 2013,] under which the district will evaluate district
performance;
(B) submit to the agency the criteria the
district will use to evaluate district performance and assign the
district a performance rating; and
(C) make the information described by Paragraphs
(A) and (B) available on the district's Internet website; and
(2) each campus shall:
(A) select and report to the agency three
programs or categories under Section 39.0545(b)(1)[, as added by
Chapter 211 (H.B. 5), Acts of the 83rd Legislature, Regular
Session, 2013,] under which the campus will evaluate campus
performance;
(B) submit to the agency the criteria the campus
will use to evaluate campus performance and assign the campus a
performance rating; and
(C) make the information described by Paragraphs
(A) and (B) available on the Internet website of the campus.
SECTION 31. Sections 39.0548(b) and (c), Education Code,
are amended to read as follows:
(b) Notwithstanding Section 39.053(c)(3)(A)(i)
[39.053(c)(4)(A)(i)], the commissioner shall use the alternative
completion rate under this subsection to determine the dropout rate
indicator under Section 39.053(c)(3)(A)(i) [39.053(c)(4)(A)(i)]
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)(3)(A)(i)
[39.053(c)(4)(A)(i)], 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 32. 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 39.054(f), for
purposes of determining the performance of a 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 33. Sections 39.301(b), (c), and (d), Education
Code, are 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 Sections
39.053(c)(1)-(3) [39.053(c)(1)-(4)].
(c) Indicators for reporting purposes must include:
(1) the percentage of graduating students who meet the
course requirements established by State Board of Education rule
for:
(A) the foundation high school program;
(B) the distinguished level of achievement under
the foundation high school program; and
(C) each endorsement described by Section
28.025(c-1);
(2) the results of the SAT, ACT, articulated
postsecondary degree programs described by Section 61.852, and
certified workforce training programs described by Chapter 311,
Labor Code;
(3) the percentage of students who satisfy each
performance standard under Section 39.0241 on assessment
instruments required under:
(A) Section 39.023(a); and
(B) Section 39.023(c);
(4) for students who have failed to perform
satisfactorily, under each performance standard under Section
39.0241, on an assessment instrument required under Section
39.023(a) or (c), the performance of those students on subsequent
assessment instruments required under those sections, aggregated
by grade level and subject area;
(5) [(4)] for each campus, the number of students,
disaggregated by major student subpopulations, that take courses
under the foundation high school program and take additional
courses to earn an endorsement under Section 28.025(c-1),
disaggregated by type of endorsement;
(6) [(5)] the percentage of students, aggregated by
grade level, provided accelerated instruction under Section
28.0211 [28.0211(c), the results of assessment instruments
administered under that section, the percentage of students
promoted through the grade placement committee process under
Section 28.0211], the subject of the assessment instrument on which
each student failed to perform satisfactorily under each
performance standard under Section 39.0241, and the performance of
those students in the following school year [following that
promotion] on the assessment instruments required under Section
39.023;
(7) [(6)] the percentage of students of limited
English proficiency exempted from the administration of an
assessment instrument under Sections 39.027(a)(1) and (2);
(8) [(7)] the percentage of students in a special
education program under Subchapter A, Chapter 29, assessed through
assessment instruments developed or adopted under Section
39.023(b);
[(8) the percentage of students who satisfy the
college readiness measure;]
(9) the measure of progress toward dual language
proficiency under Section 39.034(b), for students of limited
English proficiency, as defined by Section 29.052;
(10) the percentage of students who are not
educationally disadvantaged;
(11) the percentage of students who enroll and begin
instruction at an institution of higher education in the school
year following high school graduation; and
(12) the percentage of students who successfully
complete the first year of instruction at an institution of higher
education without needing a developmental education course.
(d) Performance on the indicators described by Section
39.053(c) and Subsections (c)(3), (4), (5), and (9) must be based on
longitudinal student data that is disaggregated by the bilingual
education or special language program, if any, in which students of
limited English proficiency, as defined by Section 29.052, are or
former students of limited English proficiency were enrolled. If a
student described by this subsection is not or was not enrolled in
specialized language instruction, the number and percentage of
those students shall be provided.
SECTION 34. Section 39.305(b), Education Code, is amended
to read as follows:
(b) The report card shall include the following
information:
(1) where applicable, the achievement indicators
described by Section 39.053(c) and the reporting indicators
described by Sections 39.301(c)(1) through (6) [(5)];
(2) average class size by grade level and subject;
(3) the administrative and instructional costs per
student, computed in a manner consistent with Section 44.0071; and
(4) the district's instructional expenditures ratio
and instructional employees ratio computed under Section 44.0071,
and the statewide average of those ratios, as determined by the
commissioner.
SECTION 35. Section 39.332(b)(20), Education Code, is
amended to read as follows:
(20) The report must contain a comparison of the
performance of open-enrollment charter schools and school
districts on the achievement indicators described by Section
39.053(c) and [,] the reporting indicators described by Section
39.301(c), [and the accountability measures adopted under Section
39.053(i),] with a separately aggregated comparison of the
performance of open-enrollment charter schools predominantly
serving students at risk of dropping out of school, as described by
Section 29.081(d), with the performance of school districts.
SECTION 36. Effective September 1, 2017, the following
provisions of the Education Code are repealed:
(1) Section 19.0043(c);
(2) Section 21.4551(c);
(3) Sections 28.0211(a), (a-2), (b), (e), (f), (n),
(o), and (p);
(4) Section 28.025(d);
(5) Section 28.0255(h);
(6) Section 29.259(c);
(7) Section 30.104(c);
(8) Section 39.0231;
(9) Sections 39.025(a-1), (a-4), (b), (c), (c-1), (d),
(e), (f), and (g);
(10) Section 39.025(a-2), as added by Chapter 1036
(H.B. 1613), Acts of the 84th Legislature, Regular Session, 2015;
and
(11) Sections 39.053(c-2), (d), (d-1), and (i).
SECTION 37. This Act applies beginning with the 2017-2018
school year.
SECTION 38. Except as otherwise provided by this Act, 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.