By Hochberg                                            H.B. No. 877
         76R2854 CAS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the academic excellence indicator system used to
 1-3     evaluate public schools.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Sections 39.051(b) and (d), Education Code, are
 1-6     amended to read as follows:
 1-7           (b)  Performance on the indicators adopted under this section
 1-8     shall be compared to state-established standards.  The degree of
 1-9     change from one school year to the next in performance on each
1-10     indicator adopted under this section shall also be considered.  The
1-11     indicators must be based on information that is disaggregated with
1-12     respect to race, ethnicity, sex, and socioeconomic status and must
1-13     include:
1-14                 (1)  the results of assessment instruments required
1-15     under Sections 39.023(a) and (c), aggregated by grade level and
1-16     subject area;
1-17                 (2)  dropout rates;
1-18                 (3)  student attendance rates;
1-19                 (4)  the percentage of graduating students who attain
1-20     scores on the secondary exit-level assessment instruments required
1-21     under Subchapter B that are equivalent to a passing score on the
1-22     test instrument required under Section 51.306;
1-23                 (5)  the percentage of graduating students who meet the
1-24     course requirements established for the recommended high school
 2-1     program by State Board of Education rule;
 2-2                 (6)  the results of the Scholastic Assessment Test
 2-3     (SAT) and the American College Test;
 2-4                 (7)  for students who have failed to perform
 2-5     satisfactorily on an assessment instrument required under Section
 2-6     39.023(a) or (c), the numerical progress of those students on
 2-7     subsequent assessment instruments required under those sections,
 2-8     aggregated by grade level and subject area;
 2-9                 (8)  the percentage of students taking end-of-course
2-10     assessment instruments adopted under Section 39.023(d);
2-11                 (9) [(8)]  the percentage of students exempted, by
2-12     exemption category, from the assessment program generally
2-13     applicable under this  subchapter; and
2-14                 (10) [(9)]  any other indicator the State Board of
2-15     Education adopts.
2-16           (d)  Annually, the commissioner shall define exemplary,
2-17     recognized, and unacceptable performance for each academic
2-18     excellence indicator included under Subsections (b)(1) through (7)
2-19     [(6)] and shall project the standards for each  of those levels of
2-20     performance for succeeding years.
2-21           SECTION 2.  Section 39.052(b), Education Code, is amended to
2-22     read as follows:
2-23           (b)  The report card shall include the following information
2-24     where applicable:
2-25                 (1)  the academic excellence indicators adopted under
2-26     Sections 39.051(b)(1) through (9) [(8)];
2-27                 (2)  student/teacher ratios; and
 3-1                 (3)  administrative and instructional costs per
 3-2     student.
 3-3           SECTION 3.  Sections 39.072(b) and (c), Education Code, are
 3-4     amended to read as follows:
 3-5           (b)  The academic excellence indicators adopted under
 3-6     Sections 39.051(b)(1) through (7) [(6)] shall be the main
 3-7     consideration of the agency in the rating of the district under
 3-8     this section.  Additional criteria in the rules may include
 3-9     consideration of:
3-10                 (1)  compliance with statutory requirements and
3-11     requirements imposed by rule of the State Board of Education under
3-12     specific statutory authority that relate to:
3-13                       (A)  reporting data through the Public Education
3-14     Information Management System (PEIMS);
3-15                       (B)  the high school graduation requirements
3-16     under Section 28.025; or
3-17                       (C)  an item listed in Sections
3-18     7.056(e)(3)(C)-(I) that applies to the district; and
3-19                 (2)  the effectiveness of the district's programs in
3-20     special education based on the agency's most recent compliance
3-21     review of the district and programs for special populations.
3-22           (c)  The agency shall evaluate against state standards and
3-23     shall report the performance of each campus in a district and each
3-24     open-enrollment charter school on the basis of the campus's
3-25     performance on the indicators adopted under Sections 39.051(b)(1)
3-26     through (7) [(6)].
3-27           SECTION 4.  Section 39.073(a), Education Code, is amended to
 4-1     read as follows:
 4-2           (a)  The agency shall annually review the performance of each
 4-3     district and campus on the indicators adopted under Sections
 4-4     39.051(b)(1) through (7) [(6)] and determine if a change in the
 4-5     accreditation status of the district is warranted.
 4-6           SECTION 5.  Section 39.074(e), Education Code, is amended to
 4-7     read as follows:
 4-8           (e)  If an annual review indicates low performance on one or
 4-9     more of the indicators under Sections 39.051(b)(1) through (7)
4-10     [(6)] of one or more campuses in a district, the agency may conduct
4-11     an on-site evaluation of those campuses only.
4-12           SECTION 6.  This Act takes effect September 1, 1999.
4-13           SECTION 7.  The importance of this legislation and the
4-14     crowded condition of the calendars in both houses create an
4-15     emergency and an imperative public necessity that the
4-16     constitutional rule requiring bills to be read on three several
4-17     days in each house be suspended, and this rule is hereby suspended.