Bill Text: TX HB2132 | 2017-2018 | 85th Legislature | Introduced

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Bill Title: Relating to evaluating public school performance and implementing measures for public school accountability.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-03-13 - Referred to Public Education [HB2132 Detail]

Download: Texas-2017-HB2132-Introduced.html

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85R7349 CAE-F
By: King of Hemphill H.B. No. 2132

A BILL TO BE ENTITLED
AN ACT
relating to evaluating public school performance and implementing
measures for 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) [Sections 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 Section 39.053(c) [Sections 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 Section 39.053(c) [Sections
39.053(c)(1)-(4)] and student attrition rates.
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) [Sections
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 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:
(1) issued an unacceptable performance rating made
publicly available under Section 39.054(a-3) [at which 50 percent
or more of the students did not perform satisfactorily on an
assessment instrument administered under Section 39.023(a) or (c)
in any two of the preceding three years]; or
(2) that, at any time in the preceding three years, was
assigned an unacceptable performance rating [failed to satisfy any
standard] under Section 39.054 [39.054(e)].
SECTION 6. Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.0211 to read as follows:
Sec. 39.0211. RULES. The commissioner may adopt rules as
necessary to administer this chapter.
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 [39.053(c)]; and
(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. Sections 39.053(a), (a-1), (b), (c), (d-1), (f),
(g), (g-1), (g-2), and (i), Education Code, are amended to read as
follows:
(a) The commissioner shall adopt a set of indicators,
including indicators under Subsection (c), of the quality of
learning and achievement. The commissioner [biennially] shall
periodically review the indicators for the consideration of
appropriate revisions.
(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)(5),
in accordance with local priorities and preferences].
(b) Performance on the achievement indicators adopted under
Subsections (c)(1), (2), and (3)(B) and (C) [(c)(1)-(4)] shall be
compared to state-established standards. To the extent feasible,
the [The] indicators should allow for disaggregation [must be based
on information that is disaggregated] by race, ethnicity, and
socioeconomic status.
(c) School districts and campuses must be evaluated based on
at least three [five] domains of indicators of achievement adopted
under this section that include:
(1) in the student achievement [first] domain,
indicators of student achievement that may include [the results
of]:
(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) [(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
(b) [(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
(ii) [(B)] an indicator that accounts for
the results of assessment instruments required under Section
39.023(b), as applicable for the district and campus, [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; 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) 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), and
(g-2) and Section 39.054(f);
(vii) students admitted into postsecondary
industry certification programs that require as a prerequisite for
entrance successful performance at the secondary level;
(viii) 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; and
(ix) 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;
(2) in the school performance [second] domain,
indicators of student performance, which may include:
(A) for assessment instruments, including
assessment instruments under Subdivisions (1)(A)(i) and (ii)
[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 overall student performance, the
performance of districts or campuses compared to similar districts
or campuses [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;
[(4) in the 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 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
(3) [(5)] in the school climate [fifth] domain,
indicators of school climate, which may include:
(A) three programs or specific categories of
performance related to community and student engagement locally
selected and evaluated as provided by Section 39.0546, which shall
comprise at least 50 percent of the domain rating assigned under
Section 39.054;
(B) the percentage of students who successfully
complete varied, rigorous, and relevant curricular options that
lead to postsecondary success, including successfully completing
advanced placement courses or other similar courses; and
(C) the percentage of students who successfully
complete a coherent sequence of career and technical courses that
lead to industry certifications or college credit.
(d-1) In aggregating results of assessment instruments
across grade levels by subject in accordance with Subsection
(c)(1)(A)(i) and (ii), the performance of a student 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.
(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 Texas is a national leader in
preparing students for postsecondary success [described by
Subsections (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 computing [defining the required state standard for
the] dropout and completion rates such as high school graduation
rates under Subsection (c)(1)(B)(vi) [rate indicator described by
Subsections (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 such as high
school graduation rates under Subsection (c)(1)(B)(vi)
[Subsections (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 such as high school
graduation rates under Subsection (c)(1)(B)(vi) [(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.
(i) Each school district shall submit the data required for
the indicators adopted under this section to the [The] commissioner
[by rule shall adopt accountability measures to be used in
assessing the progress of students who have failed to perform
satisfactorily as determined by the commissioner under Section
39.0241(a) or under the college readiness standard as determined
under Section 39.0241 in the preceding school year on an assessment
instrument required under Section 39.023(a), (c), or (l)].
SECTION 9. Sections 39.054(a), (a-3), (e), and (f),
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) [Sections
39.053(c)(1)-(4)]. A [An overall or] domain performance rating of
A reflects exemplary performance. A [An overall or] domain
performance rating of B reflects recognized performance. A [An
overall or] domain performance rating of C reflects acceptable
performance. A [An overall or] domain performance rating of D or F
reflects unacceptable performance. A district may not receive a
[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 a [an overall or] domain
performance rating of A, B, or C or exemplary, recognized, or
acceptable performance.
(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. [If a
district or campus received an overall or domain performance rating
of D or F for the preceding school year, the commissioner shall
notify the district of a subsequent such designation on or before
June 15.]
(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, [Sections
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 and completion rates such
as high school graduation rates under Section 39.053(c)(1)(B)(vi)
[Sections 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 10. Subchapter B, 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 11. Section 39.0546, Education Code, is amended to
read as follows:
Sec. 39.0546. PERFORMANCE IN COMMUNITY AND STUDENT
ENGAGEMENT AS COMPONENT OF [OVERALL] DISTRICT AND CAMPUS RATING.
(a) For purposes of including the local evaluation of districts and
campuses under Section 39.053(c)(3)(A) [39.053(c)(5)] and
assigning a domain performance [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.
(b) Based on the evaluation under this section, each school
district shall assign the district and each campus shall assign the
campus a performance rating of A, B, C, D, or F, for [both overall
performance and for] each program or category evaluated. A [An
overall or a] program or category performance rating of A reflects
exemplary performance. A [An overall or a] program or category
performance rating of B reflects recognized performance. A [An
overall or a] program or category performance rating of C reflects
acceptable performance. A [An overall or a] program or category
performance rating of D or F reflects unacceptable performance.
(c) On or before the date determined by the commissioner by
rule, each school district and campus shall report each performance
rating to the agency for the purpose of including the rating in
evaluating school district and campus performance and assigning a
performance [an overall] rating under Section 39.054.
SECTION 12. Sections 39.0548(b), (c), and (d), Education
Code, are amended to read as follows:
(b) Notwithstanding Section 39.053(c)(1)(B)(vi)
[39.053(c)(4)(A)(i)], the commissioner shall use the alternative
completion rate under this subsection to determine the graduation
[dropout] rate indicator under Section 39.053(c)(1)(B)(vi)
[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)(1)(B)(vi)
[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.
(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,[:
[(1)] only the best result from the primary
administration or any retake of an assessment instrument
administered to a student in the school year evaluated may be
considered[; and
[(2) only a student enrolled continuously for at least
90 days during the school year evaluated may be considered].
SECTION 13. Section 39.102(a), Education Code, is amended
to read as follows:
(a) If a school district does not satisfy the accreditation
criteria under Section 39.052, the [academic] performance
standards under Section 39.053 or 39.054 for the school performance
domain under Section 39.053(c)(2), or any financial accountability
standard as determined by commissioner rule, or if considered
appropriate by the commissioner on the basis of a special
accreditation investigation under Section 39.057, the commissioner
shall take any of the following actions to the extent the
commissioner determines necessary:
(1) issue public notice of the deficiency to the board
of trustees;
(2) order a hearing conducted by the board of trustees
of the district for the purpose of notifying the public of the
insufficient performance, the improvements in performance expected
by the agency, and the interventions and sanctions that may be
imposed under this section if the performance does not improve;
(3) order the preparation of a student achievement
improvement plan that addresses the student performance indicators
[each academic achievement indicator] under Section 39.053(c)(2)
[39.053(c)] for which the district's performance is insufficient,
the submission of the plan to the commissioner for approval, and
implementation of the plan;
(4) order a hearing to be held before the commissioner
or the commissioner's designee at which the president of the board
of trustees of the district and the superintendent shall appear and
explain the district's low performance, lack of improvement, and
plans for improvement;
(5) arrange a monitoring review of the district;
(6) appoint an agency monitor to participate in and
report to the agency on the activities of the board of trustees or
the superintendent;
(7) appoint a conservator to oversee the operations of
the district;
(8) appoint a management team to direct the operations
of the district in areas of insufficient performance or require the
district to obtain certain services under a contract with another
person;
(9) if a district has a current accreditation status
of accredited-warned or accredited-probation, fails to satisfy any
standard under Section 39.054(e) for a student performance
indicator under Section 39.053(c)(2), or fails to satisfy financial
accountability standards as determined by commissioner rule,
appoint a board of managers to exercise the powers and duties of the
board of trustees; or
(10) if for two consecutive school years, including
the current school year, a district has received an accreditation
status of accredited-warned or accredited-probation, has failed to
satisfy any standard under Section 39.054(e) for a student
performance indicator under Section 39.053(c)(2), or has failed to
satisfy financial accountability standards as determined by
commissioner rule, revoke the district's accreditation and:
(A) order closure of the district and annex the
district to one or more adjoining districts under Section 13.054;
or
(B) in the case of a home-rule school district or
open-enrollment charter school, order closure of all programs
operated under the district's or school's charter[; or
[(11) if a district has failed to satisfy any standard
under Section 39.054(e) due to the district's dropout rates, impose
sanctions designed to improve high school completion rates,
including:
[(A) ordering the development of a dropout
prevention plan for approval by the commissioner;
[(B) restructuring the district or appropriate
school campuses to improve identification of and service to
students who are at risk of dropping out of school, as defined by
Section 29.081;
[(C) ordering lower student-to-counselor ratios
on school campuses with high dropout rates; and
[(D) ordering the use of any other intervention
strategy effective in reducing dropout rates, including mentor
programs and flexible class scheduling].
SECTION 14. Section 39.103(a), Education Code, is amended
to read as follows:
(a) If a campus performance is below any standard under
Section 39.054(e) for a student performance indicator under Section
39.053(c)(2), the commissioner shall take actions, to the extent
the commissioner determines necessary, as provided by this
subchapter.
SECTION 15. Section 39.105(a), Education Code, is amended
to read as follows:
(a) This section applies if a campus performance satisfies
performance standards under Section 39.054(e) for the student
performance indicators under Section 39.053(c)(2) for the current
school year but would not satisfy performance standards under
Section 39.054(e) for those indicators if the standards to be used
for the following school year were applied to the current school
year. On request of the commissioner, the campus-level committee
established under Section 11.251 shall revise and submit to the
commissioner in an electronic format the portions of the campus
improvement plan developed under Section 11.253 that are relevant
to those areas for which the campus would not satisfy performance
standards.
SECTION 16. Sections 39.106(a) and (e), Education Code, are
amended to read as follows:
(a) If a campus performance is below any standard under
Section 39.054(e) for a student performance indicator under Section
39.053(c)(2), the commissioner shall assign a campus intervention
team. A campus intervention team shall:
(1) conduct, with the involvement and advice of the
school community partnership team, if applicable:
(A) a targeted on-site needs assessment relevant
to an area of insufficient performance of the campus as provided by
Subsection (b); or
(B) if the commissioner determines necessary, a
comprehensive on-site needs assessment, using the procedures
provided by Subsection (b);
(2) recommend appropriate actions as provided by
Subsection (c);
(3) assist in the development of a targeted
improvement plan;
(4) conduct a public meeting at the campus with the
campus principal, the members of the campus-level planning and
decision-making committee established under Section 11.251,
parents of students attending the campus, and community members
residing in the district to review the campus performance rating
and solicit input for the development of the targeted improvement
plan;
(5) assist the campus in submitting the targeted
improvement plan to the board of trustees for approval and
presenting the plan in a public hearing as provided by Subsection
(e-1); and
(6) assist the commissioner in monitoring the progress
of the campus in implementing the targeted improvement plan.
(e) For each year a campus is assigned an unacceptable
performance rating under the school performance domain under
Section 39.053(c)(2), a campus intervention team shall:
(1) continue to work with a campus until:
(A) the campus satisfies all performance
standards under Section 39.054(e) for the student performance
indicators under Section 39.053(c)(2) for a two-year period; or
(B) the campus satisfies all performance
standards under Section 39.054(e) for the student performance
indicators under Section 39.053(c)(2) for a one-year period and the
commissioner determines that the campus is operating and will
continue to operate in a manner that improves student performance
[achievement];
(2) assist in updating the targeted improvement plan
to identify and analyze areas of growth and areas that require
improvement; and
(3) submit each updated plan described by Subdivision
(2) to the board of trustees of the school district.
SECTION 17. Sections 39.107(a), (a-2), (b), (b-4), (d),
(e), (f), and (g-1), Education Code, are amended to read as follows:
(a) After a campus has been identified as unacceptable under
the school performance domain under Section 39.053(c)(2) for two
consecutive school years, the commissioner shall order the campus
to prepare and submit a campus turnaround plan. The commissioner
shall by rule establish procedures governing the time and manner in
which the campus must submit the campus turnaround plan.
(a-2) Before a campus turnaround plan is prepared and
submitted for approval to the board of trustees of the school
district, the district, in consultation with the campus
intervention team, shall:
(1) provide notice to parents, the community, and
stakeholders that the campus has received an [academically]
unacceptable performance rating under the school performance
domain under Section 39.053(c)(2) for two consecutive years and
will be required to submit a campus turnaround plan; and
(2) request assistance from parents, the community,
and stakeholders in developing the campus turnaround plan.
(b) The school district, in consultation with the campus
intervention team, shall prepare the campus turnaround plan and
allow parents, the community, and stakeholders an opportunity to
review the plan before it is submitted for approval to the board of
trustees of the school district. The plan must include details on
the method for restructuring, reforming, or reconstituting the
campus. If the district determines that granting a district
charter under Section 12.0522 is appropriate for the campus, the
campus turnaround plan must provide information on the
implementation of the district charter. The plan must assist the
campus in implementing procedures to satisfy all performance
standards required under Section 39.054(e) for the student
performance indicators under Section 39.053(c)(2).
(b-4) A campus turnaround plan developed under this section
must take effect not later than the school year following the third
consecutive school year that the campus has received an
[academically] unacceptable performance rating under the school
performance domain under Section 39.053(c)(2).
(d) The commissioner may approve a campus turnaround plan
only if the commissioner determines that the campus will satisfy
all [student] performance standards required under Section
39.054(e) for the student performance indicators under Section
39.053(c)(2), not later than the second year the campus receives a
performance rating under the school performance domain under
Section 39.053(c)(2) following the implementation of the campus
turnaround plan. If the commissioner does not make this
determination, the commissioner shall order:
(1) appointment of a board of managers to govern the
district as provided by Section 39.112(b);
(2) alternative management of the campus under this
section; or
(3) closure of the campus.
(e) If a campus is considered to have an unacceptable
performance rating under the school performance domain under
Section 39.053(c)(2) for three consecutive school years after the
campus is ordered to submit a campus turnaround plan under
Subsection (a), the commissioner, subject to Subsection (e-2),
shall order:
(1) appointment of a board of managers to govern the
district as provided by Section 39.112(b); or
(2) closure of the campus.
(f) Notwithstanding Section 39.112(e), the commissioner may
remove a board of managers appointed to govern a district under this
section only if the campus that was the basis for the appointment of
the board of managers receives an [academically] acceptable
performance rating under the school performance domain under
Section 39.053(c)(2) for two consecutive school years. If a campus
that was the basis for the appointment of a board of managers
receives an [academically] unacceptable performance rating under
the school performance domain under Section 39.053(c)(2) for two
additional consecutive years following the appointment of the board
of managers, the commissioner may remove the board of managers and,
in consultation with the local community, may appoint a new board of
managers to govern the district.
(g-1) If the commissioner orders alternative management of
a campus under Subsection (d)(2), the school district shall execute
a contract with a managing entity for a term not to exceed five
years. The commissioner may require a district to extend the term
of the contract if the commissioner determines that extending the
contract on expiration of the initial term is in the best interest
of the students attending the campus. The terms of the contract
must be approved by the commissioner. If a campus receives an
[academically] unacceptable performance rating under the school
performance domain under Section 39.053(c)(2) for two consecutive
school years after the managing entity assumes management of the
campus, the commissioner shall cancel the contract with the
managing entity.
SECTION 18. Sections 39.1071(b) and (d), Education Code,
are amended to read as follows:
(b) If a campus described under Subsection (a) receives an
academically unacceptable performance rating for the 2016-2017
school year and an unacceptable performance rating under the school
performance domain under Section 39.053(c)(2) for the 2017-2018
school year [years], the commissioner shall apply the interventions
and sanctions authorized by Section 39.107(e) to the campus.
(d) If a campus described under Subsection (c) receives an
academically unacceptable performance rating for the 2016-2017
school year and an unacceptable performance rating under the school
performance domain under Section 39.053(c)(2) for the[,]
2017-2018[,] and 2018-2019 school years, the commissioner shall
apply the interventions and sanctions authorized by Section
39.107(e) to the campus.
SECTION 19. 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 Sections
39.053(c)(1), (2), and (3)(B) and (C) [39.053(c)(1)-(4)].
SECTION 20. 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 21. Effective September 1, 2017, Sections
39.054(a-1), (a-2), and (c), Education Code, as effective September
1, 2017, are repealed.
SECTION 22. This Act applies beginning with the 2017-2018
school year.
SECTION 23. 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.