SECTION 2. Section 39.053,
Education Code, is amended by adding Subsection (a-1) and amending
Subsections (c), (f), (g), and (g-1) to read as follows:
(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, disparities in
preparedness for success 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)(4), in accordance with local priorities and preferences.
(c) School districts and
campuses must be evaluated based on four
domains of indicators [Indicators] of student achievement adopted under this section that [must]
include:
(1) in the first domain,
the results of:
(A) reading and mathematics assessment
instruments required under Sections 39.023(a)[,
(c),] and (l), [including the
results of assessment instruments required for graduation retaken by a
student,] aggregated across grade levels by subject area,
including:
(i) [(A)] for
the performance standard determined by the commissioner under Section
39.0241(a):
(a) [(i)] the
percentage of students who performed satisfactorily on the assessment
instruments, aggregated across grade levels by subject area; and
(b) [(ii)] for students who did not perform satisfactorily,
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 [the agency]
under Section 39.034, [on the assessment instruments,] aggregated
across grade levels by subject area; and
(ii) [(B)] for
the college readiness performance standard as determined under Section
39.0241:
(a) [(i)] the
percentage of students who performed satisfactorily on the assessment
instruments, aggregated across grade levels by subject area; and
(b) [(ii)] for
students who did not perform satisfactorily, 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 [the agency] under Section 39.034, [on the
assessment instruments,] aggregated across grade levels by subject
area;
(B) reading and mathematics assessment instruments required
under Section 39.023(b), aggregated across grade levels by subject area,
including:
(i) 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
(ii) for students who did not perform satisfactorily,
as determined by the performance standard adopted by the agency, 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
(C) Algebra I, English I, and English II end-of-course assessment
instruments under Section 39.023(c), including the results of assessment
instruments retaken by a student, aggregated across grade levels by subject
area, including:
(i) for the performance standard determined by the commissioner
under Section 39.0241(a):
(a) the percentage of students who performed satisfactorily on the
assessment instruments, aggregated across grade levels by subject area; and
(b) for students who did not perform satisfactorily, 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:
(a) the percentage of students who performed satisfactorily on the
assessment instruments, aggregated across grade levels by subject area; and
(b) for students who did not perform satisfactorily, 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;
(2) in the second domain, the results of science, social studies, and
writing assessment instruments and rubrics selected and used by school
districts as provided by Section 39.0265;
(3) in the third 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) [(3)] 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) [(4)] the
percentage of students who successfully completed the curriculum
requirements for the distinguished level of achievement under the
foundation high school program;
(iv) [(5)] the
percentage of students who successfully completed the curriculum
requirements for an endorsement under Section 28.025(c-1); [and]
(v) the percentage of
students who completed a coherent sequence of career and technical courses;
(vi) [(6) at least
three additional indicators of student achievement to evaluate district and
campus performance, which must include either:
[(A)] 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); [or]
(vii) [(B)] the
percentage [number] of students who earn[:
[(i)] 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 are enrolled in advanced placement courses;
(ix) the percentage of
students who enlist in the armed forces of the United States; and
(x) the percentage of
students who earn [(ii) at least 30 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);
[(iii) an associate's
degree; or
[(iv)] an industry
certification; or
(B) for evaluating the
performance of middle and junior high school and elementary school campuses
and districts that include those campuses:
(i) student attendance;
(ii) the percentage of students who advance to the next grade
level;
(iii) the number of student disciplinary incidents; and
(iv) for middle and junior
high school campuses, dropout rates, computed in the manner described by
Paragraph (A)(i); and
(4) in the fourth domain, three programs or specific
categories of performance related to community and student engagement selected
as provided by Section 39.0546.
(f) Annually, the
commissioner shall define the state standard for the current school year
for each student achievement
indicator described by Subsection (c)
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 student
achievement indicator described by Subsections (c)(1)(A)(ii)(a) and
(C)(ii)(a) [Subsection (c)(1)(B)(i)] 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 defining the required
state standard for the dropout rate indicator described by Subsections
(c)(3)(A)(i) and (B)(iv) [Subsection (c)(2)], 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 under Subsections (c)(3)(A)(i) and (B)(iv) [Subsection
(c)(2)], 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.
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SECTION 2. Section 39.053,
Education Code, is amended by amending Subsections (a), (b), (c), (f), (g),
and (g-1) and adding Subsection (a-1) to read as follows:
(a)
The commissioner shall adopt a set of indicators of the quality of learning
and [student] achievement. The commissioner biennially shall 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 [student] achievement indicators adopted under Subsections
(c)(1)-(4) [this section] shall be compared to state-established
standards. The indicators must be based on information that is
disaggregated by race, ethnicity, and socioeconomic status.
(c) School districts and
campuses must be evaluated based on five
domains of indicators [Indicators] of [student] achievement adopted under this section that
[must] include:
(1) in the first domain,
the results of:
(A) assessment
instruments required under Sections 39.023(a), (c), and (l), including the
results of assessment instruments required for graduation retaken by a
student, aggregated across grade levels by subject area, including:
(i) [(A)] for
the performance standard determined by the commissioner under Section
39.0241(a),[:
[(i)] the percentage
of students who performed satisfactorily on the assessment instruments,
aggregated across grade levels by subject area; and
(ii) [for students who did not perform satisfactorily, the percentage
of students who met the standard for annual improvement, as determined by
the agency under Section 39.034, on the assessment instruments, aggregated
across grade levels by subject area; and
[(B)] for the college
readiness performance standard as determined under Section 39.0241,[:
[(i)] the percentage
of students who performed satisfactorily on the assessment instruments,
aggregated across grade levels by subject area; and
(B) assessment instruments
required under Section 39.023(b), 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;
(2) in the second domain:
(A) for assessment instruments under 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 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) [(ii) for
students who did not perform satisfactorily, the percentage of students who
met the standard for annual improvement, as determined by the agency under
Section 39.034, on the assessment instruments, aggregated across grade
levels by subject area;
[(2)] 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) [(3)] 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) [(4)] the
percentage of students who successfully completed the curriculum
requirements for the distinguished level of achievement under the
foundation high school program;
(iv) [(5)] the
percentage of students who successfully completed the curriculum
requirements for an endorsement under Section 28.025(c-1); [and]
(v) the percentage of
students who completed a coherent sequence of career and technical courses;
(vi) [(6) at least
three additional indicators of student achievement to evaluate district and
campus performance, which must include either:
[(A)] 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); [or]
(vii) [(B)] the
percentage [number] of students who earn[:
[(i)] 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 are enrolled in advanced placement courses;
(ix) the percentage of
students who enlist in the armed forces of the United States; and
(x) the percentage of
students who earn [(ii) at least 30 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);
[(iii) an associate's
degree; or
[(iv)] 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, dropout rates, computed in the manner described by
Paragraph (A)(i); or
(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
(5) in the fifth domain, three programs or specific
categories of performance related to community and student engagement locally selected and evaluated as provided by Section 39.0546.
(f) Annually, the
commissioner shall define the state standard for the current school year
for each [student]
achievement indicator described by Subsections
(c)(1)-(4) [Subsection (c)]
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 [student]
achievement indicator described by Subsection (c)(1)(A)(ii) [(c)(1)(B)(i)]
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 defining the required
state standard for the dropout rate indicator described by Subsections
(c)(4)(A)(i) and (B)(ii) [Subsection (c)(2)], 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 under Subsections (c)(4)(A)(i) and (B)(ii) [Subsection
(c)(2)], 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.
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SECTION 3. Section 39.054,
Education Code, is amended by adding Subsection (a-1) and amending
Subsections (c), (d), (e), and (f) to read as follows:
(See Subsection (a-1)
below.)
(a-1) In addition to the
overall performance rating assigned to each school district and campus
under Subsection (a), the commissioner shall assign each district and
campus a separate rating for each domain under Section 39.053(c). For
purposes of assigning an overall rating under Subsection (a), the
commissioner by rule shall determine the
appropriate weight to assign each domain to accurately reflect the overall
performance of districts and campuses.
(c) In evaluating school
district and campus performance on the student
achievement indicator for student performance on reading and mathematics assessment instruments [indicators]
adopted under Section [Sections] 39.053(c)(1) and the
dropout rate indicator adopted under Sections 39.053(c)(3)(A)(i) and (B)(iv)
[(2)], the commissioner shall define acceptable performance as
meeting the state standard determined by the commissioner under Section 39.053(f)
[39.053(e)] for the current school year based on:
(1) student performance in
the current school year; or
(2) student performance as
averaged over the current school year and the preceding two school years.
(d)
In evaluating performance under Subsection (c), the commissioner:
(1)
may assign an acceptable performance rating if the campus or district:
(A)
performs satisfactorily on 85 percent of the measures the commissioner
determines appropriate with respect to the student achievement indicator
for student performance on reading and mathematics assessment instruments
[indicators] adopted under Section [Sections]
39.053(c)(1) and the dropout rate indicator adopted under Sections
39.053(c)(3)(A)(i) and (B)(iv) [(2)]; and
(B)
does not fail to perform satisfactorily on the same measure described by
Paragraph (A) for two consecutive school years;
(2)
may grant an exception under this subsection to a district or campus only
if the performance of the district or campus is within a certain
percentage, as determined by the commissioner, of the minimum performance
standard established by the commissioner for the measure of evaluation; or
(3)
may establish other performance criteria for a district or campus to obtain
an exception under this subsection.
(e) Each annual performance
review under this section shall include an analysis of the student achievement indicators adopted
under Section 39.053(c) to determine
school district and campus performance in relation to[:
[(1)] standards
established for each indicator[; and
[(2) required improvement
as defined under Section 39.053(e)].
(f) In the computation of
dropout rates under Sections 39.053(c)(3)(A)(i) and (B)(iv) [Section
39.053(c)(2)], 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.
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SECTION 5. Effective
September 1, 2017, Section 39.054, Education Code, is amended by amending
Subsections (a), (c), (e), and (f) and adding Subsections (a-1) and (a-2)
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 [a]
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 Sections 39.053(c)(1)-(4). An overall or domain [In adopting rules under this subsection, the
commissioner shall determine the criteria for each designated letter
performance rating. A district] performance rating of A reflects
exemplary performance. An overall or domain performance rating of B
reflects recognized performance. An overall or domain performance rating of
[, B, or] C reflects acceptable performance. An overall or domain
[and a district] performance rating of D or F reflects unacceptable
performance. [The commissioner shall also assign each campus a
performance rating of exemplary, recognized, acceptable, or unacceptable. A
campus performance rating of exemplary, recognized, or acceptable reflects
acceptable performance, and a campus performance rating of unacceptable
reflects unacceptable performance.] A district may not receive an
overall or domain [a] performance rating of A if the district
includes any campus with a corresponding overall or domain
performance rating of D or F [unacceptable]. A reference
in law to an acceptable rating or acceptable performance includes an
overall or domain performance rating of A or B or exemplary or recognized
performance.
(See Subsection (a)
above.)
(a-1) For purposes of
assigning an overall performance rating under Subsection (a), the
commissioner shall attribute 55 percent of
the performance evaluation to the achievement indicators for the first,
second, and third domains under Sections 39.053(c)(1)-(3), 35 percent of
the performance evaluation to the achievement indicators for the fourth
domain under Section 39.053(c)(4), and 10 percent of the performance
evaluation to the locally selected and evaluated achievement indicators
provided for under the fifth domain under Section 39.053(c)(5). The
commissioner by rule shall adopt procedures to ensure that a repeated
performance rating of D or F or unacceptable in one domain, particularly
performance that is not significantly improving, is reflected in the
overall performance rating of a district or campus and is not compensated
for by a performance rating of A, B, or C in another domain.
(a-2) Not later than
August 15 [8] of each year, the performance ratings [rating]
of each district and campus shall be made publicly available as provided by
rules adopted under this section [subsection]. If a district
or campus received an overall or domain [a] performance
rating of D or F [that reflected unacceptable performance]
for the preceding school year, the commissioner shall notify the district
of a subsequent such designation on or before June 15.
(c) In evaluating school
district and campus performance on the [student]
achievement indicators for student performance on assessment instruments
[indicators] adopted under Sections 39.053(c)(1) and (2) and the
dropout rate indicator adopted under Sections 39.053(c)(4)(A)(i) and (B)(ii),
the commissioner shall define acceptable performance as meeting the state
standard determined by the commissioner under Section 39.053(f) [39.053(e)]
for the current school year based on:
(1) student performance in
the current school year; or
(2) student performance as
averaged over the current school year and the preceding two school years.
(e) Each annual performance
review under this section shall include an analysis of the [student] achievement indicators
adopted under Sections 39.053(c)(1)-(4) [Section 39.053(c)] to determine
school district and campus performance in relation to[:
[(1)] standards
established for each indicator[; and
[(2) required improvement
as defined under Section 39.053(e)].
(f) In the computation of
dropout rates under Sections 39.053(c)(4)(A)(i) and (B)(ii) [Section
39.053(c)(2)], 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.
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