By Shapiro                                             S.B. No. 877
         76R7319 ESH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to accreditation and rating standards for public school
 1-3     districts and schools.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 39.024, Education Code, is amended by
 1-6     amending the heading and Subsection (a)  to read as follows:
 1-7           Sec. 39.024.  SATISFACTORY AND ACADEMICALLY RECOGNIZED
 1-8     PERFORMANCE.  (a)  Except as otherwise provided by this subsection,
 1-9     the State  Board of Education shall determine the level of
1-10     performance considered to be satisfactory on the assessment
1-11     instruments.  The admission, review, and dismissal committee of a
1-12     student being assessed under Section 39.023(b) shall determine the
1-13     level of performance considered to be satisfactory on the
1-14     assessment instruments administered to that student in accordance
1-15     with criteria established by agency rule.  The board shall also
1-16     determine the level of performance  considered to be academically
1-17     recognized on the assessment instruments.
1-18           SECTION 2.  Section 39.051(c), Education Code, is amended to
1-19     read as follows:
1-20           (c)  Performance on the indicator under Subsection (b)(1)
1-21     shall be compared to state standards, required improvement, and
1-22     comparable improvement.  The state standard shall be established by
1-23     the commissioner.  Required improvement is defined as the progress
1-24     necessary for the campus or district to meet state standards and
 2-1     for its students to meet exit requirements as defined by the
 2-2     commissioner.  Comparable improvement is derived by measuring
 2-3     campuses and districts against a profile developed from a total
 2-4     state student performance database which exhibits substantial
 2-5     equivalence to the characteristics of students served by the campus
 2-6     or district, including past academic performance, socioeconomic
 2-7     status, ethnicity, and limited English proficiency. The state
 2-8     standard must provide that to be eligible  for a district
 2-9     performance rating of academically acceptable or a campus
2-10     performance rating of acceptable, at least 70 percent of the
2-11     students in each group for which results are disaggregated under
2-12     Subsection (b) must perform satisfactorily on the assessment
2-13     instruments administered under Sections 39.023(a) and (c).
2-14           SECTION 3.  Section 39.053(a), Education Code, is amended to
2-15     read as follows:
2-16           (a)  Each board of trustees shall publish an annual report
2-17     describing the educational performance of the district and of each
2-18     campus in the district that includes uniform student performance
2-19     and descriptive information as determined under rules adopted by
2-20     the commissioner.  The annual report must also include campus
2-21     performance objectives established under Section 11.253 and the
2-22     progress of each campus toward those objectives, which shall be
2-23     available to the public.  The annual report must also include the
2-24     performance rating for the district as provided under Section
2-25     39.072(a) and the performance rating of each campus in the district
2-26     as provided under Section 39.072(d) [39.072(c)].  Supplemental
2-27     information to be included in the reports shall be determined by
 3-1     the board of trustees.   Performance information in the annual
 3-2     reports on the indicators established under Section 39.051 and
 3-3     descriptive information required by this section shall be provided
 3-4     by the agency.
 3-5           SECTION 4.  Section 39.072, Education Code, is amended by
 3-6     amending Subsection (c) and adding Subsection (d) to read as
 3-7     follows:
 3-8           (c)  The rules adopted under Subsection (a)  must provide
 3-9     that to be eligible for a performance rating of recognized or
3-10     exemplary, at  least a minimum percentage of the students in a
3-11     district or at a campus must demonstrate academically recognized
3-12     performance on the assessment instruments administered under
3-13     Sections 39.023(a) and (c).
3-14           (d)  The agency shall evaluate against state standards and
3-15     shall report the performance of each campus in a district and each
3-16     open-enrollment charter school on the basis of the campus's
3-17     performance on the indicators adopted under Sections 39.051(b)(1)
3-18     through (6).
3-19           SECTION 5.  This Act takes effect September 1, 1999.
3-20           SECTION 6.  Section 39.051(c), Education Code, as amended by
3-21     this Act, applies beginning with the 2005-2006 school year.  Before
3-22     the 2005-2006 school year, each year the commissioner of education
3-23     shall incrementally raise the level of overall student performance
3-24     on the assessment instruments administered under Sections 39.023(a)
3-25     and (c), Education Code, that is necessary for a district
3-26     performance rating of academically acceptable or a campus
3-27     performance rating of acceptable from the level established for the
 4-1     1998-1999 school year.
 4-2           SECTION 7.  The importance of this legislation and the
 4-3     crowded condition of the calendars in both houses create an
 4-4     emergency and an imperative public necessity that the
 4-5     constitutional rule requiring bills to be read on three several
 4-6     days in each house be suspended, and this rule is hereby suspended.