Bill Text: TX SB2400 | 2019-2020 | 86th Legislature | Introduced

---

Bill Title: Relating to the use of certain standardized tests in evaluating the performance of a school district or campus.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2019-03-21 - Referred to Education [SB2400 Detail]

Download: Texas-2019-SB2400-Introduced.html

---

2019S0402-1 03/08/19
By: Menéndez S.B. No. 2400

A BILL TO BE ENTITLED
AN ACT
relating to the use of certain standardized tests in evaluating the
performance of a school district or campus.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.104(b), Education Code, as amended by
Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B. 1153), Acts
of the 85th Legislature, Regular Session, 2017, is reenacted and
amended to read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense; and
(2) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) reading instruments and accelerated reading
instruction programs under Section 28.006;
(D) [accelerated instruction under Section
28.0211;
[(E)] high school graduation requirements under
Section 28.025;
(E) [(F)] special education programs under
Subchapter A, Chapter 29;
(F) [(G)] bilingual education under Subchapter
B, Chapter 29;
(G) [(H)] prekindergarten programs under
Subchapter E or E-1, Chapter 29;
(H) [(I)] extracurricular activities under
Section 33.081;
(I) [(J)] discipline management practices or
behavior management techniques under Section 37.0021;
(J) [(K)] health and safety under Chapter 38;
(K) [(L)] public school accountability under
Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
(L) [(M)] the requirement under Section 21.006
to report an educator's misconduct;
(M) [(N)] intensive programs of instruction
under Section 28.0213;
(N) [(O)] the right of a school employee to
report a crime, as provided by Section 37.148;
(O) [(P)] a parent's right to information
regarding the provision of assistance for learning difficulties to
the parent's child as provided by Sections 26.004(b)(11) and
26.0081(c) and (d);
(P) bullying prevention policies and procedures
under Section 37.0832;
(Q) the right of a school under Section 37.0052
to place a student who has engaged in certain bullying behavior in a
disciplinary alternative education program or to expel the student;
and
(R) the right under Section 37.0151 to report to
local law enforcement certain conduct constituting assault or
harassment.
SECTION 2. Section 25.085(d), Education Code, is amended to
read as follows:
(d) Unless specifically exempted by Section 25.086, a
student enrolled in a school district must attend:
(1) an extended-year program for which the student is
eligible that is provided by the district for students identified
as likely not to be promoted to the next grade level or tutorial
classes required by the district under Section 29.084;
(2) an accelerated reading instruction program to
which the student is assigned under Section 28.006(g);
(3) [an accelerated instruction program to which the
student is assigned under Section 28.0211;
[(4)] a basic skills program to which the student is
assigned under Section 29.086; or
(4) [(5)] a summer program provided under Section
37.008(l) or Section 37.021.
SECTION 3. 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)(5) and may
implement interventions or sanctions under Chapter 39A.] 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 4. 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 5. Sections 28.0213(b) and (e), Education Code, are
amended to read as follows:
(b) A school district shall design the intensive program of
instruction described by Subsection (a) to enable the student to:
(1) [enable the student to:
[(A)] to the extent practicable, perform at the
student's grade level at the conclusion of the next regular school
term; or
(2) [(B)] attain a standard of annual growth specified
by the school district and reported by the district to the agency[;
and]
[(2) if applicable, carry out the purposes of Section
28.0211].
(e) For a student in a special education program under
Subchapter A, Chapter 29, who does not perform satisfactorily on an
assessment instrument administered under Section 39.023(a), (b),
or (c), the student's admission, review, and dismissal committee
shall design the program to[:
[(1)] enable the student to attain a standard of annual
growth on the basis of the student's individualized education
program[; and
[(2) if applicable, carry out the purposes of Section
28.0211].
SECTION 6. Section 28.0217, Education Code, is amended to
read as follows:
Sec. 28.0217. ACCELERATED INSTRUCTION FOR HIGH SCHOOL
STUDENTS. Each time a student fails to perform satisfactorily on an
assessment instrument administered under Section 39.023(c), the
school district in which the student attends school shall provide
to the student accelerated instruction in the applicable subject
area[, using funds appropriated for accelerated instruction under
Section 28.0211]. 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.
SECTION 7. Section 29.094(g), Education Code, is amended to
read as follows:
(g) Notwithstanding any other law, the commissioner shall
provide funding for the pilot program using not more than $6 million
of funding appropriated for purposes of former Section 28.0211.
SECTION 8. Section 39.023, Education Code, is amended by
adding Subsection (a-10) to read as follows:
(a-10) Before an assessment instrument adopted or developed
under Subsection (a) may be administered under that subsection, the
assessment instrument must be evaluated by an independent group of
qualified public school classroom teachers for readability within
the grade level assessed. Each assessment item must be separately
evaluated for readability within the grade level assessed before
being field-tested. A determination of readability must consider
available correlations with other assessments commonly used by
Texas school districts and shall be verified by an independent
group of qualified educators with classroom teaching experience.
SECTION 9. Section 39.054, Education Code, is amended by
adding Subsections (a-4) and (a-5) to read as follows:
(a-4) Notwithstanding Subsection (a-1) or any other
provision of law, until a state standardized assessment instrument
is validated under Section 39.023(a-11), the commissioner may not
consider student performance on the assessment instrument:
(1) in the evaluation of a school district's or
campus's performance;
(2) in the assignment of a school district's or
campus's performance rating; or
(3) when determining the requirements for student
advancement, grade level promotion, or high school graduation.
(a-5) Subsection (a-4) expires September 1, 2021.
SECTION 10. Section 39.301(c), Education Code, is amended
to read as follows:
(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, and certified
workforce training programs described by Chapter 311, Labor Code;
(3) 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;
(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;
(5) [the percentage of students, aggregated by grade
level, provided accelerated instruction under Section 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 school year
following that promotion on the assessment instruments required
under Section 39.023;
[(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);
(6) [(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);
(7) [(8)] the percentage of students who satisfy the
college readiness measure;
(8) [(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;
(9) [(10)] the percentage of students who are not
educationally disadvantaged;
(10) [(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
(11) [(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.
SECTION 11. 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 (4) [(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 12. The following provisions of the Education Code
are repealed:
(1) Section 28.0211; and
(2) Section 39.0231.
SECTION 13. The changes in law made by this Act apply
beginning with the 2019-2020 school year.
SECTION 14. 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, 2019.