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A BILL TO BE ENTITLED
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AN ACT
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relating to providing a method for assessing the annual improvement |
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in achievement of public school students on certain assessment |
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instruments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (j), Section 28.006, Education Code, |
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is amended to read as follows: |
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(j) No more than 15 percent of the funds certified by the |
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commissioner under Subsection (i) may be spent on indirect costs. |
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The commissioner shall evaluate the programs that fail to meet the |
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standard of performance under Section 39.051(b)(10) [39.051(b)(8)] |
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and may implement sanctions under Subchapter G, Chapter 39. The |
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commissioner may audit the expenditures of funds appropriated for |
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purposes of this section. The use of the funds appropriated for |
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purposes of this section shall be verified as part of the district |
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audit under Section 44.008. |
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SECTION 2. Section 39.022, Education Code, is amended to |
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read as follows: |
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Sec. 39.022. ASSESSMENT PROGRAM. The State Board of |
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Education by rule shall create and implement a statewide assessment |
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program that is knowledge- and skills-based to ensure school |
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accountability for student achievement and academic growth that |
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achieves the goals provided under Section 4.002. After adopting |
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rules under this section, the State Board of Education shall |
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consider the importance of maintaining stability in the statewide |
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assessment program when adopting any subsequent modification of the |
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rules. |
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SECTION 3. Section 39.023, Education Code, is amended by |
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amending Subsections (l) and (n) and adding Subsection (o) to read |
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as follows: |
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(l) The State Board of Education shall adopt rules for the |
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administration of the assessment instruments adopted under |
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Subsections [Subsection] (a) and (o) in Spanish to students in |
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grades three through six who are of limited English proficiency, as |
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defined by Section 29.052, whose primary language is Spanish, and |
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who are not otherwise exempt from the administration of an |
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assessment instrument under Section 39.027(a)(3) or (4). Each |
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student of limited English proficiency whose primary language is |
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Spanish, other than a student to whom Subsection (b) applies, may be |
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assessed using assessment instruments in Spanish under this |
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subsection for up to three years or assessment instruments in |
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English under Subsection (a). The language proficiency assessment |
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committee established under Section 29.063 shall determine which |
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students are administered assessment instruments in Spanish under |
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this subsection. |
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(n) This subsection applies only to a student who is |
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determined to have dyslexia or a related disorder and who is an |
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individual with a disability under 29 U.S.C. Section 705(20) and |
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its subsequent amendments. The agency shall adopt or develop |
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appropriate criterion-referenced assessment instruments designed |
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to assess the ability of and to be administered to each student to |
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whom this subsection applies for whom the assessment instruments |
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adopted under Subsections [Subsection] (a) and (o), even with |
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allowable modifications, would not provide an appropriate measure |
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of student achievement, as determined by the committee established |
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by the board of trustees of the district to determine the placement |
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of students with dyslexia or related disorders. The committee |
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shall determine whether any allowable modification is necessary in |
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administering to a student an assessment instrument required under |
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this subsection. The assessment instruments required under this |
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subsection shall be administered on the same schedule as the |
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assessment instruments administered under Subsection (a) and, if |
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applicable, Subsection (o). |
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(o) The agency shall adopt or develop appropriate |
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criterion-referenced assessment instruments, separate from the |
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assessment instruments adopted or developed under Subsection (a), |
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designed to assess reading progress by tracking changes in a |
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student's performance during the school year. A school district or |
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open-enrollment charter school may administer an assessment |
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instrument under this subsection. A campus that administers a |
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reading assessment under this subsection must report the results to |
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the agency. |
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SECTION 4. Subsections (b), (c), and (d), Section 39.051, |
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Education Code, are amended to read as follows: |
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(b) Performance on the indicators adopted under this |
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section shall be compared to state-established standards. The |
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degree of change from one school year to the next in performance on |
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each indicator adopted under this section shall also be considered. |
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The indicators must be based on information that is disaggregated |
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by race, ethnicity, gender, and socioeconomic status and must |
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include: |
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(1) the results of assessment instruments required |
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under Sections 39.023(a), (c), and (l), aggregated by grade level |
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and subject area; |
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(2) annual improvement in student achievement, as |
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measured under Section 39.034, aggregated by grade level and |
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subject; |
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(3) dropout rates, including dropout rates and |
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district completion rates for grade levels 9 through 12, computed |
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in accordance with standards and definitions adopted by the |
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National Center for Education Statistics of the United States |
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Department of Education; |
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(4) [(3)] high school graduation rates, computed in |
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accordance with standards and definitions adopted in compliance |
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with the No Child Left Behind Act of 2001 (Pub. L. No. 107-110); |
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(5) [(4)] student attendance rates; |
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(6) [(5)] the percentage of graduating students who |
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attain scores on the secondary exit-level assessment instruments |
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required under Subchapter B that are equivalent to a passing score |
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on the assessment instrument required under Section 51.3062; |
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(7) [(6)] the percentage of graduating students who |
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meet the course requirements established for the recommended high |
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school program by State Board of Education rule; |
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(8) if applicable, the results of assessment |
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instruments administered under Section 39.023(o), aggregated by |
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grade level; |
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(9) [(7)] the results of the Scholastic Assessment |
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Test (SAT), the American College Test (ACT), articulated |
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postsecondary degree programs described by Section 61.852, and |
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certified workforce training programs described by Chapter 311, |
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Labor Code; |
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(10) [(8)] the percentage of students, aggregated by |
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grade level, provided accelerated instruction under Section |
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28.0211(c), the results of assessments administered under that |
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section, the percentage of students promoted through the grade |
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placement committee process under Section 28.0211, the subject of |
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the assessment instrument on which each student failed to perform |
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satisfactorily, and the performance of those students in the school |
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year following that promotion on the assessment instruments |
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required under Section 39.023; |
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(11) [(9)] for students who have failed to perform |
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satisfactorily on an assessment instrument required under Section |
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39.023(a) or (c), the numerical progress of those students grouped |
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by percentage on subsequent assessment instruments required under |
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those sections, aggregated by grade level and subject area; |
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(12) [(10)] the percentage of students exempted, by |
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exemption category, from the assessment program generally |
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applicable under this chapter; |
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(13) [(11)] the percentage of students of limited |
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English proficiency exempted from the administration of an |
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assessment instrument under Sections 39.027(a)(3) and (4); |
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(14) [(12)] the percentage of students in a special |
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education program under Subchapter A, Chapter 29, assessed through |
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assessment instruments developed or adopted under Section |
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39.023(b); |
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(15) [(13)] the measure of progress toward |
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preparation for postsecondary success; and |
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(16) [(14)] the measure of progress toward dual |
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language proficiency under Section 39.034(b), for students of |
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limited English proficiency, as defined by Section 29.052. |
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(c) Performance on the indicators [indicator] under |
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Subsections [Subsection] (b)(1) and (2) shall be compared to state |
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standards, required improvement, and comparable improvement. The |
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state standard shall be established by the commissioner. Required |
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improvement is defined as the progress necessary for the campus or |
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district to meet state standards and for its students to meet exit |
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requirements as defined by the commissioner. Comparable |
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improvement is derived by measuring campuses and districts against |
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a profile developed from a total state student performance database |
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which exhibits substantial equivalence to the characteristics of |
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students served by the campus or district, including past academic |
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performance, socioeconomic status, ethnicity, and limited English |
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proficiency. |
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(d) Annually, the commissioner shall define exemplary, |
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recognized, and unacceptable performance for each academic |
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excellence indicator included under Subsections (b)(1) through (9) |
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[(7)] and shall project the standards for each of those levels of |
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performance for succeeding years. For the indicator under |
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Subsection (b)(10) [(b)(8)], the commissioner shall define |
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exemplary, recognized, and unacceptable performance based on |
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student performance for the period covering both the current and |
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preceding academic years. In defining exemplary, recognized, and |
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unacceptable performance for the indicators under Subsections |
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(b)(3) [(b)(2)] and (5) [(4)], the commissioner may not consider as |
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a dropout or as a student who has failed to attend school a student |
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whose failure to attend school results from: |
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(1) the student's expulsion under Section 37.007; and |
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(2) as applicable: |
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(A) adjudication as having engaged in delinquent |
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conduct or conduct indicating a need for supervision, as defined by |
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Section 51.03, Family Code; or |
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(B) conviction of and sentencing for an offense |
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under the Penal Code. |
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SECTION 5. Subsection (b), Section 39.052, Education Code, |
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is amended to read as follows: |
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(b) The report card shall include the following |
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information: |
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(1) where applicable, the academic excellence |
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indicators adopted under Sections 39.051(b)(1) through (12) |
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[(10)]; |
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(2) average class size by grade level and subject; |
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(3) the administrative and instructional costs per |
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student, computed in a manner consistent with Section 44.0071; and |
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(4) the district's instructional expenditures ratio |
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and instructional employees ratio computed under Section 44.0071, |
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and the statewide average of those ratios, as determined by the |
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commissioner. |
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SECTION 6. Subsections (b) and (c), Section 39.072, |
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Education Code, are amended to read as follows: |
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(b) The academic excellence indicators adopted under |
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Sections 39.051(b)(1) through (10) [(8)] and the district's current |
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special education compliance status with the agency shall be the |
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main considerations of the agency in the rating of the district |
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under this section. Additional criteria in the rules may include |
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consideration of: |
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(1) compliance with statutory requirements and |
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requirements imposed by rule of the State Board of Education under |
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specific statutory authority that relate to: |
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(A) reporting data through the Public Education |
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Information Management System (PEIMS); |
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(B) the high school graduation requirements |
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under Section 28.025; or |
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(C) an item listed in Sections |
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7.056(e)(3)(C)-(I) that applies to the district; |
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(2) the effectiveness of the district's programs for |
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special populations; and |
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(3) the effectiveness of the district's career and |
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technology programs. |
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(c) The agency shall evaluate against state standards and |
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shall, not later than August 1 of each year, report the performance |
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of each campus in a district and each open-enrollment charter |
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school on the basis of the campus's performance on the indicators |
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adopted under Sections 39.051(b)(1) through (10) [(8)]. |
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Consideration of the effectiveness of district programs under |
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Subsection (b)(2) or (3) must be based on data collected through the |
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Public Education Information Management System for purposes of |
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accountability under this chapter and include the results of |
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assessments required under Section 39.023. |
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SECTION 7. Subsection (c), Section 39.0721, Education Code, |
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is amended to read as follows: |
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(c) The performance standards on which a gold performance |
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rating is based should include: |
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(1) student proficiency on: |
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(A) assessment instruments administered under |
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Sections 39.023(a), (c), and (l); and |
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(B) other measures of proficiency determined by |
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the commissioner; |
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(2) student performance on one or more nationally |
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recognized norm-referenced assessment instruments; |
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(3) improvement in student performance, including |
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annual improvement in student achievement, as measured under |
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Section 39.034; |
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(4) in the case of middle or junior high school |
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campuses, student proficiency in mathematics, including algebra; |
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and |
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(5) in the case of high school campuses: |
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(A) the extent to which graduating students are |
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academically prepared to attend institutions of higher education; |
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(B) the percentage of students who take advanced |
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placement tests and student performance on those tests; and |
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(C) the percentage of students who take and |
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successfully complete advanced academic courses or college-level |
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course work offered through dual credit programs provided under |
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agreements between high schools and institutions of higher |
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education. |
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SECTION 8. Subsections (a), (b), and (f), Section 39.073, |
|
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Education Code, are amended to read as follows: |
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(a) The agency shall annually review the performance of each |
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district and campus on the indicators adopted under Sections |
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39.051(b)(1) through (10) [(8)] and determine if a change in the |
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accreditation status of the district is warranted. The |
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commissioner may determine how all indicators adopted under Section |
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39.051(b) may be used to determine accountability ratings and to |
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select districts and campuses for acknowledgment. |
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(b) Each annual review shall include an analysis of the |
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indicators under Sections 39.051(b)(1) through (10) [(8)] to |
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determine district and campus performance in relation to: |
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(1) standards established for each indicator; |
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(2) required improvement as defined under Section |
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39.051(c); and |
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(3) comparable improvement as defined by Section |
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39.051(c). |
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(f) In the computation of dropout rates under Section |
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39.051(b)(3) [39.051(b)(2)], a student who is released from a |
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juvenile pre-adjudication secure detention facility or juvenile |
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post-adjudication secure correctional facility and fails to enroll |
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in school or a student who leaves a residential treatment center |
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after receiving treatment for fewer than 85 days and fails to enroll |
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in school may not be considered to have dropped out from the campus |
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or school district serving the facility or center unless that |
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campus or district is the one to which the student is regularly |
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assigned. |
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SECTION 9. Subsection (e), Section 39.074, Education Code, |
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is amended to read as follows: |
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(e) If an annual review indicates low performance on one or |
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more of the indicators under Sections 39.051(b)(1) through (10) |
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[(8)] of one or more campuses in a district, the agency may conduct |
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an on-site evaluation of those campuses only. |
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SECTION 10. Subsection (b), Section 39.114, Education Code, |
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is amended to read as follows: |
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(b) A school district may use funds allocated under Section |
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42.2516(b)(3) on any instructional program in grades six through 12 |
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other than an athletic program if: |
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(1) the district is recognized as exceptional by the |
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commissioner under the academic accountability indicator adopted |
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under Section 39.051(b)(15) [39.051(b)(13)]; and |
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(2) the district's completion rates for grades nine |
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through 12 meet or exceed completion rate standards required by the |
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commissioner to achieve a rating of exemplary under Section 39.072. |
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SECTION 11. (a) Not later than the 2008-2009 school year, |
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the Texas Education Agency shall collect information concerning |
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annual improvement in student achievement for purposes of |
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Subdivision (2), Subsection (b), Section 39.051, Education Code, as |
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amended by this Act. |
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(b) Not later than the 2009-2010 school year, the Texas |
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Education Agency shall include, in evaluating the performance of |
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school districts, campuses, and open-enrollment charter schools |
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under Subchapter D, Chapter 39, Education Code, annual improvement |
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in student achievement under Subdivision (2), Subsection (b), |
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Section 39.051, Education Code, as amended by this Act. |
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SECTION 12. This Act applies beginning with the 2008-2009 |
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school year. |
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SECTION 13. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2007. |
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* * * * * |