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A BILL TO BE ENTITLED
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AN ACT
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relating to evaluation of public school performance and to student |
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physical fitness assessment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 39.053, Education Code, |
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is amended to read as follows: |
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Sec. 39.053. PERFORMANCE INDICATORS: [STUDENT] |
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ACHIEVEMENT. |
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SECTION 2. Section 39.053, Education Code, is amended by |
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amending Subsections (a), (b), (c), (f), (g), and (g-1) and adding |
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Subsection (a-1) to read as follows: |
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(a) The commissioner shall adopt a set of indicators of the |
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quality of learning and [student] achievement. The commissioner |
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biennially shall review the indicators for the consideration of |
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appropriate revisions. |
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(a-1) The indicators adopted by the commissioner under |
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Subsection (a), including the indicators identified under |
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Subsection (c), must measure and evaluate school districts and |
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campuses with respect to: |
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(1) improving student preparedness for success in: |
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(A) subsequent grade levels; and |
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(B) entering the workforce, the military, or |
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postsecondary education; |
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(2) reducing, with the goal of eliminating, student |
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academic achievement differentials among students from different |
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racial and ethnic groups and socioeconomic backgrounds; and |
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(3) informing parents and the community regarding |
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campus and district performance in the domains described by |
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Subsection (c) and, for the domain described by Subsection (c)(5), |
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in accordance with local priorities and preferences. |
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(b) Performance on the [student] achievement indicators |
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adopted under Subsections (c)(1)-(4) [this section] shall be |
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compared to state-established standards. The indicators must be |
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based on information that is disaggregated by race, ethnicity, and |
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socioeconomic status. |
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(c) School districts and campuses must be evaluated based on |
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five domains of indicators [Indicators] of [student] achievement |
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adopted under this section that [must] include: |
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(1) in the first domain, the results of: |
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(A) assessment instruments required under |
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Sections 39.023(a), (c), and (l), including the results of |
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assessment instruments required for graduation retaken by a |
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student, aggregated across grade levels by subject area, including: |
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(i) [(A)] for the performance standard |
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determined by the commissioner under Section 39.0241(a),[:
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[(i)] the percentage of students who |
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performed satisfactorily on the assessment instruments, aggregated |
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across grade levels by subject area; and |
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(ii) [for students who did not perform
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satisfactorily, the percentage of students who met the standard for
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annual improvement, as determined by the agency under Section
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39.034, on the assessment instruments, aggregated across grade
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levels by subject area; and
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[(B)] for the college readiness performance |
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standard as determined under Section 39.0241,[:
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[(i)] the percentage of students who |
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performed satisfactorily on the assessment instruments, aggregated |
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across grade levels by subject area; and |
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(B) assessment instruments required under |
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Section 39.023(b), aggregated across grade levels by subject area, |
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including the percentage of students who performed satisfactorily |
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on the assessment instruments, as determined by the performance |
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standard adopted by the agency, aggregated across grade levels by |
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subject area; |
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(2) in the second domain: |
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(A) for assessment instruments under Subdivision |
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(1)(A): |
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(i) for the performance standard determined |
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by the commissioner under Section 39.0241(a), the percentage of |
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students who met the standard for annual improvement on the |
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assessment instruments, as determined by the commissioner by rule |
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or by the method for measuring annual improvement under Section |
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39.034, aggregated across grade levels by subject area; and |
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(ii) for the college readiness performance |
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standard as determined under Section 39.0241, the percentage of |
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students who met the standard for annual improvement on the |
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assessment instruments, as determined by the commissioner by rule |
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or by the method for measuring annual improvement under Section |
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39.034, aggregated across grade levels by subject area; and |
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(B) for assessment instruments under Subdivision |
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(1)(B), the percentage of students who met the standard for annual |
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improvement on the assessment instruments, as determined by the |
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commissioner by rule or by the method for measuring annual |
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improvement under Section 39.034, aggregated across grade levels by |
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subject area; |
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(3) in the third domain, the student academic |
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achievement differentials among students from different racial and |
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ethnic groups and socioeconomic backgrounds; |
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(4) in the fourth domain: |
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(A) for evaluating the performance of high school |
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campuses and districts that include high school campuses: |
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(i) [(ii) for students who did not perform
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satisfactorily, the percentage of students who met the standard for
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annual improvement, as determined by the agency under Section
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39.034, on the assessment instruments, aggregated across grade
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levels by subject area;
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[(2)] 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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(ii) [(3)] high school graduation rates, |
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computed in accordance with standards and definitions adopted in |
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compliance with the No Child Left Behind Act of 2001 (20 U.S.C. |
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Section 6301 et seq.); |
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(iii) [(4)] the percentage of students who |
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successfully completed the curriculum requirements for the |
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distinguished level of achievement under the foundation high school |
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program; |
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(iv) [(5)] the percentage of students who |
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successfully completed the curriculum requirements for an |
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endorsement under Section 28.025(c-1); [and] |
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(v) the percentage of students who |
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completed a coherent sequence of career and technical courses; |
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(vi) [(6)
at least three additional
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indicators of student achievement to evaluate district and campus
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performance, which must include either:
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[(A)] the percentage of students who satisfy the |
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Texas Success Initiative (TSI) college readiness benchmarks |
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prescribed by the Texas Higher Education Coordinating Board under |
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Section 51.3062(f) on an assessment instrument in reading, writing, |
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or mathematics designated by the Texas Higher Education |
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Coordinating Board under Section 51.3062(c); [or] |
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(vii) [(B)] the percentage [number] of |
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students who earn[:
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[(i)] at least 12 hours of postsecondary |
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credit required for the foundation high school program under |
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Section 28.025 or to earn an endorsement under Section 28.025(c-1); |
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(viii) the percentage of students who have |
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completed an advanced placement course; |
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(ix) the percentage of students who enlist |
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in the armed forces of the United States; and |
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(x) the percentage of students who earn |
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[(ii)
at least 30 hours of postsecondary credit required for the
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foundation high school program under Section 28.025 or to earn an
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endorsement under Section 28.025(c-1);
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[(iii) an associate's degree; or
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[(iv)] an industry certification; |
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(B) for evaluating the performance of middle and |
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junior high school and elementary school campuses and districts |
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that include those campuses: |
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(i) student attendance; |
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(ii) the percentage of elementary school |
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students assigned for two consecutive school years to a teacher |
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who has less than one year of teaching experience or who does not |
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hold the appropriate certificate required under Section 21.003; and |
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(iii) for middle and junior high school |
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campuses, dropout rates, computed in the manner described by |
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Paragraph (A)(i); or |
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(C) any additional indicators of student |
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achievement not associated with performance on standardized |
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assessment instruments determined appropriate for consideration by |
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the commissioner in consultation with educators, parents, business |
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and industry representatives, and employers; and |
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(5) in the fifth domain, three programs or specific |
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categories of performance related to community and student |
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engagement locally selected and evaluated as provided by Section |
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39.0546. |
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(f) Annually, the commissioner shall define the state |
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standard for the current school year for each [student] achievement |
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indicator described by Subsections (c)(1)-(4) [Subsection (c)] and |
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shall project the state standards for each indicator for the |
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following two school years. The commissioner shall periodically |
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raise the state standards for the college readiness [student] |
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achievement indicator described by Subsection (c)(1)(A)(ii) |
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[(c)(1)(B)(i)] for accreditation as necessary to reach the goals of |
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achieving, by not later than the 2019-2020 school year: |
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(1) student performance in this state, disaggregated |
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by race, ethnicity, and socioeconomic status, that ranks nationally |
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in the top 10 states in terms of college readiness; and |
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(2) student performance[,] with no significant |
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achievement gaps by race, ethnicity, and socioeconomic status. |
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(g) In defining the required state standard for the dropout |
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rate indicator described by Subsections (c)(4)(A)(i) and (B)(iii) |
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[Subsection (c)(2)], the commissioner may not consider as a dropout |
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a student 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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(g-1) In computing dropout and completion rates under |
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Subsections (c)(4)(A)(i) and (B)(iii) [Subsection (c)(2)], the |
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commissioner shall exclude: |
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(1) students who are ordered by a court to attend a |
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high school equivalency certificate program but who have not yet |
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earned a high school equivalency certificate; |
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(2) students who were previously reported to the state |
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as dropouts, including a student who is reported as a dropout, |
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reenrolls, and drops out again, regardless of the number of times of |
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reenrollment and dropping out; |
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(3) students in attendance who are not in membership |
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for purposes of average daily attendance; |
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(4) students whose initial enrollment in a school in |
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the United States in grades 7 through 12 was as unschooled refugees |
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or asylees as defined by Section 39.027(a-1); |
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(5) students who are in the district exclusively as a |
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function of having been detained at a county detention facility but |
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are otherwise not students of the district in which the facility is |
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located; and |
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(6) students who are incarcerated in state jails and |
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federal penitentiaries as adults and as persons certified to stand |
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trial as adults. |
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SECTION 3. Effective September 1, 2015, Subchapter C, |
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Chapter 39, Education Code, is amended by adding Section 39.0535 to |
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read as follows: |
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Sec. 39.0535. TEMPORARY PROVISION: ASSIGNMENT OF |
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PERFORMANCE RATINGS. (a) Notwithstanding any other law, the |
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commissioner shall assign each district and campus a performance |
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rating not later than August 15 of each year. |
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(b) This section expires September 1, 2016. |
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SECTION 4. Effective September 1, 2016, Section 39.054(a), |
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Education Code, is amended to read as follows: |
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(a) The commissioner shall adopt rules to evaluate school |
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district and campus performance and assign each district and campus |
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a performance rating [of A, B, C, D, or F]. In adopting rules under |
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this subsection, the commissioner shall determine the criteria for |
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each [designated letter] performance rating. [A district
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performance rating of A, B, or C reflects acceptable performance
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and a district performance rating of D or F reflects unacceptable
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performance. The commissioner shall also assign each campus a
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performance rating of exemplary, recognized, acceptable, or
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unacceptable. A campus performance rating of exemplary,
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recognized, or acceptable reflects acceptable performance, and a
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campus performance rating of unacceptable reflects unacceptable
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performance. A district may not receive a performance rating of A
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if the district includes any campus with a performance rating of
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unacceptable.] Not later than August 15 [8] of each year, the |
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performance rating of each district and campus shall be made |
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publicly available as provided by rules adopted under this |
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subsection. If a district or campus received a performance rating |
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that reflected unacceptable performance for the preceding school |
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year, the commissioner shall notify the district of a subsequent |
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such designation on or before June 15. |
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SECTION 5. Effective September 1, 2017, Section 39.054, |
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Education Code, is amended by amending Subsections (a), (c), (e), |
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and (f) and adding Subsections (a-1), (a-2), (a-3), and (a-4) to |
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read as follows: |
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(a) The commissioner shall, after consulting with the |
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performance rating work group described by Subsection (a-3), adopt |
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rules to evaluate school district and campus performance and assign |
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each district and campus an overall [a] performance rating of A, B, |
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C, D, or F. In addition to the overall performance rating, the |
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commissioner shall assign each district and campus a separate |
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domain performance rating of A, B, C, D, or F for each domain under |
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Sections 39.053(c)(1)-(4). An overall or domain [In adopting rules
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under this subsection, the commissioner shall determine the
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criteria for each designated letter performance rating.
A
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district] performance rating of A reflects exemplary performance. |
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An overall or domain performance rating of B reflects recognized |
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performance. An overall or domain performance rating of [, B, or] C |
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reflects acceptable performance. An overall or domain [and a
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district] performance rating of D or F reflects unacceptable |
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performance. [The commissioner shall also assign each campus a
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performance rating of exemplary, recognized, acceptable, or
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unacceptable. A campus performance rating of exemplary,
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recognized, or acceptable reflects acceptable performance, and a
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campus performance rating of unacceptable reflects unacceptable
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performance.] A district may not receive an overall or domain [a] |
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performance rating of A if the district includes any campus with a |
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corresponding overall or domain performance rating of D or F |
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[unacceptable]. A reference in law to an acceptable rating or |
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acceptable performance includes an overall or domain performance |
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rating of A, B, or C or exemplary, recognized, or acceptable |
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performance. |
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(a-1) For purposes of assigning an overall performance |
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rating under Subsection (a), the commissioner shall attribute 55 |
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percent of the performance evaluation to the achievement indicators |
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for the first, second, and third domains under Sections |
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39.053(c)(1)-(3), 35 percent of the performance evaluation to the |
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achievement indicators for the fourth domain under Section |
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39.053(c)(4), and 10 percent of the performance evaluation to the |
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locally selected and evaluated achievement indicators provided for |
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under the fifth domain under Section 39.053(c)(5). The |
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commissioner by rule shall adopt procedures to ensure that a |
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repeated performance rating of D or F or unacceptable in one domain, |
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particularly performance that is not significantly improving, is |
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reflected in the overall performance rating of a district or campus |
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and is not compensated for by a performance rating of A, B, or C in |
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another domain. |
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(a-2) Not later than August 15 [8] of each year, the |
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performance ratings [rating] of each district and campus shall be |
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made publicly available as provided by rules adopted under this |
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section [subsection]. If a district or campus received an overall |
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or domain [a] performance rating of D or F [that reflected
|
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unacceptable performance] for the preceding school year, the |
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commissioner shall notify the district of a subsequent such |
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designation on or before June 15. |
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(a-3) For the purpose of adopting rules under Subsection |
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(a), the commissioner shall convene a performance rating work group |
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comprised of individuals designated as follows: |
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(1) two members of a school district board of |
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trustees, each of whom: |
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(A) is nominated by a statewide association that |
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serves school district board members; and |
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(B) serves on a separate school district board of |
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trustees; |
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(2) two superintendents, each of whom is nominated by |
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a statewide association that serves school superintendents; |
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(3) one elementary school principal who is nominated |
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by a statewide association that serves elementary school |
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principals; |
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(4) one secondary school principal who is nominated by |
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a statewide association that serves secondary school principals; |
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(5) four classroom educators, with one each nominated |
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by each of the four largest associations that serve educators in at |
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least 20 counties in this state; and |
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(6) three parents designated by the commissioner, at |
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least one of whom must be the parent of a student who was enrolled at |
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a campus that has received the lowest performance rating in one or |
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more of the three years preceding the designation of that parent by |
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the commissioner. |
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(a-4) If an association described by Subsection (a-3) fails |
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to nominate one or more individuals for a position on the |
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performance rating work group, the commissioner may designate an |
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individual who meets the appropriate qualifications to fill that |
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position. |
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(c) In evaluating school district and campus performance on |
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the [student] achievement indicators for student performance on |
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assessment instruments [indicators] adopted under Sections |
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39.053(c)(1) and (2) and the dropout rate indicator adopted under |
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Sections 39.053(c)(4)(A)(i) and (B)(iii), the commissioner shall |
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define acceptable performance as meeting the state standard |
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determined by the commissioner under Section 39.053(f) [39.053(e)] |
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for the current school year based on: |
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(1) student performance in the current school year; or |
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(2) student performance as averaged over the current |
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school year and the preceding two school years. |
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(e) Each annual performance review under this section shall |
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include an analysis of the [student] achievement indicators adopted |
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under Sections 39.053(c)(1)-(4) [Section 39.053(c)] to determine |
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school district and campus performance in relation to[:
|
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[(1)] standards established for each indicator[; and
|
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[(2)
required improvement as defined under Section
|
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39.053(e)]. |
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(f) In the computation of dropout rates under Sections |
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39.053(c)(4)(A)(i) and (B)(iii) [Section 39.053(c)(2)], a student |
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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 |
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have dropped out from the school district or campus serving the |
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facility or center unless that district or campus is the one to |
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which the student is regularly assigned. The agency may not limit |
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an appeal relating to dropout computations under this subsection. |
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SECTION 6. Sections 39.0545(b), (c), and (d), Education |
|
Code, as added by Chapter 167 (S.B. 1538), Acts of the 83rd |
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Legislature, Regular Session, 2013, are amended to read as follows: |
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(b) Notwithstanding Section 39.053(c)(4)(A)(i) |
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[39.053(c)(2)], the commissioner shall use the alternative |
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completion rate under this subsection to determine the dropout rate |
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[student achievement] indicator under Section 39.053(c)(4)(A)(i) |
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[39.053(c)(2)] for a dropout recovery school. The alternative |
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completion rate shall be the ratio of the total number of students |
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who graduate, continue attending school into the next academic |
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year, or receive a high school equivalency certificate to the total |
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number of students in the longitudinal cohort of students. |
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(c) Notwithstanding Section 39.053(c)(4)(A)(i) |
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[39.053(c)(2)], in determining the performance rating under |
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Section 39.054 of a dropout recovery school, the commissioner shall |
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include any student described by Section 39.053(g-1) who graduates |
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or receives a high school equivalency certificate. |
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(d) Notwithstanding Section 39.053(c), for purposes of |
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evaluating [For] a dropout recovery school under the accountability |
|
procedures adopted by the commissioner to determine the performance |
|
rating of the school under Section 39.054: |
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(1)[,] only the best result from the primary |
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administration or [and] any retake of an assessment instrument |
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administered to a student in the school year evaluated [under the
|
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accountability procedures adopted by the commissioner] may be |
|
considered; and |
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(2) only a student enrolled continuously for at least |
|
90 days during the school year evaluated may be considered [in
|
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determining the performance rating of the school under Section
|
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39.054]. |
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SECTION 7. Subchapter C, Chapter 39, Education Code, is |
|
amended by adding Section 39.0546 to read as follows: |
|
Sec. 39.0546. PERFORMANCE IN COMMUNITY AND STUDENT |
|
ENGAGEMENT AS COMPONENT OF OVERALL DISTRICT AND CAMPUS RATING. (a) |
|
For purposes of including the local evaluation of districts and |
|
campuses under Section 39.053(c)(5) and assigning an overall rating |
|
under Section 39.054, before the beginning of each school year: |
|
(1) each school district shall: |
|
(A) select and report to the agency three |
|
programs or categories under Section 39.0545(b)(1), as added by |
|
Chapter 211 (H.B. 5), Acts of the 83rd Legislature, Regular |
|
Session, 2013, under which the district will evaluate district |
|
performance; |
|
(B) submit to the agency the criteria the |
|
district will use to evaluate district performance and assign the |
|
district a performance rating; and |
|
(C) make the information described by Paragraphs |
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(A) and (B) available on the district's Internet website; and |
|
(2) each campus shall: |
|
(A) select and report to the agency three |
|
programs or categories under Section 39.0545(b)(1), as added by |
|
Chapter 211 (H.B. 5), Acts of the 83rd Legislature, Regular |
|
Session, 2013, under which the campus will evaluate campus |
|
performance; |
|
(B) submit to the agency the criteria the campus |
|
will use to evaluate campus performance and assign the campus a |
|
performance rating; and |
|
(C) make the information described by Paragraphs |
|
(A) and (B) available on the Internet website of the campus. |
|
(b) Based on the evaluation under this section, each school |
|
district shall assign the district and each campus shall assign the |
|
campus a performance rating of A, B, C, D, or F, for both overall |
|
performance and for each program or category evaluated. An overall |
|
or a program or category performance rating of A reflects exemplary |
|
performance. An overall or a program or category performance rating |
|
of B reflects recognized performance. An overall or a program or |
|
category performance rating of C reflects acceptable performance. |
|
An overall or a program or category performance rating of D or F |
|
reflects unacceptable performance. |
|
(c) On or before the date determined by the commissioner by |
|
rule, each school district and campus shall report each performance |
|
rating to the agency for the purpose of including the rating in |
|
evaluating school district and campus performance and assigning an |
|
overall rating under Section 39.054. |
|
SECTION 8. Section 11.252(a), Education Code, is amended to |
|
read as follows: |
|
(a) Each school district shall have a district improvement |
|
plan that is developed, evaluated, and revised annually, in |
|
accordance with district policy, by the superintendent with the |
|
assistance of the district-level committee established under |
|
Section 11.251. The purpose of the district improvement plan is to |
|
guide district and campus staff in the improvement of student |
|
performance for all student groups in order to attain state |
|
standards in respect to the [student] achievement indicators |
|
adopted under Sections 39.053(c)(1)-(4) [Section 39.053]. The |
|
district improvement plan must include provisions for: |
|
(1) a comprehensive needs assessment addressing |
|
district student performance on the [student] achievement |
|
indicators, and other appropriate measures of performance, that are |
|
disaggregated by all student groups served by the district, |
|
including categories of ethnicity, socioeconomic status, sex, and |
|
populations served by special programs, including students in |
|
special education programs under Subchapter A, Chapter 29; |
|
(2) measurable district performance objectives for |
|
all appropriate [student] achievement indicators for all student |
|
populations, including students in special education programs |
|
under Subchapter A, Chapter 29, and other measures of student |
|
performance that may be identified through the comprehensive needs |
|
assessment; |
|
(3) strategies for improvement of student performance |
|
that include: |
|
(A) instructional methods for addressing the |
|
needs of student groups not achieving their full potential; |
|
(B) methods for addressing the needs of students |
|
for special programs, including: |
|
(i) suicide prevention programs, in |
|
accordance with Subchapter O-1, Chapter 161, Health and Safety |
|
Code, which includes a parental or guardian notification procedure; |
|
(ii) conflict resolution programs; |
|
(iii) violence prevention programs; and |
|
(iv) dyslexia treatment programs; |
|
(C) dropout reduction; |
|
(D) integration of technology in instructional |
|
and administrative programs; |
|
(E) discipline management; |
|
(F) staff development for professional staff of |
|
the district; |
|
(G) career education to assist students in |
|
developing the knowledge, skills, and competencies necessary for a |
|
broad range of career opportunities; and |
|
(H) accelerated education; |
|
(4) strategies for providing to middle school, junior |
|
high school, and high school students, those students' teachers and |
|
school counselors, and those students' parents information about: |
|
(A) higher education admissions and financial |
|
aid opportunities; |
|
(B) the TEXAS grant program and the Teach for |
|
Texas grant program established under Chapter 56; |
|
(C) the need for students to make informed |
|
curriculum choices to be prepared for success beyond high school; |
|
and |
|
(D) sources of information on higher education |
|
admissions and financial aid; |
|
(5) resources needed to implement identified |
|
strategies; |
|
(6) staff responsible for ensuring the accomplishment |
|
of each strategy; |
|
(7) timelines for ongoing monitoring of the |
|
implementation of each improvement strategy; |
|
(8) formative evaluation criteria for determining |
|
periodically whether strategies are resulting in intended |
|
improvement of student performance; and |
|
(9) the policy under Section 38.0041 addressing sexual |
|
abuse and other maltreatment of children. |
|
SECTION 9. Sections 11.253(c) and (d), Education Code, are |
|
amended to read as follows: |
|
(c) Each school year, the principal of each school campus, |
|
with the assistance of the campus-level committee, shall develop, |
|
review, and revise the campus improvement plan for the purpose of |
|
improving student performance for all student populations, |
|
including students in special education programs under Subchapter |
|
A, Chapter 29, with respect to the [student] achievement indicators |
|
adopted under Sections 39.053(c)(1)-(4) [Section 39.053] and any |
|
other appropriate performance measures for special needs |
|
populations. |
|
(d) Each campus improvement plan must: |
|
(1) assess the academic achievement for each student |
|
in the school using the [student] achievement indicator system as |
|
described by Section 39.053; |
|
(2) set the campus performance objectives based on the |
|
[student] achievement indicator system, including objectives for |
|
special needs populations, including students in special education |
|
programs under Subchapter A, Chapter 29; |
|
(3) identify how the campus goals will be met for each |
|
student; |
|
(4) determine the resources needed to implement the |
|
plan; |
|
(5) identify staff needed to implement the plan; |
|
(6) set timelines for reaching the goals; |
|
(7) measure progress toward the performance |
|
objectives periodically to ensure that the plan is resulting in |
|
academic improvement; |
|
(8) include goals and methods for violence prevention |
|
and intervention on campus; |
|
(9) provide for a program to encourage parental |
|
involvement at the campus; and |
|
(10) if the campus is an elementary, middle, or junior |
|
high school, set goals and objectives for the coordinated health |
|
program at the campus based on: |
|
(A) student fitness assessment data, including |
|
any data from research-based assessments such as the school health |
|
index assessment and planning tool created by the federal Centers |
|
for Disease Control and Prevention; |
|
(B) student academic performance data; |
|
(C) student attendance rates; |
|
(D) the percentage of students who are |
|
educationally disadvantaged; |
|
(E) the use and success of any method to ensure |
|
that students participate in moderate to vigorous physical activity |
|
as required by Section 28.002(l); and |
|
(F) any other indicator recommended by the local |
|
school health advisory council. |
|
SECTION 10. Section 12.1013(c), Education Code, is amended |
|
to read as follows: |
|
(c) The report must include the performance of each public |
|
school in each class described by Subsection (b) as measured by the |
|
[student] achievement indicators adopted under Sections |
|
39.053(c)(1)-(4) [Section 39.053] and student attrition rates. |
|
SECTION 11. Section 29.062(a), Education Code, is amended |
|
to read as follows: |
|
(a) The legislature recognizes that compliance with this |
|
subchapter is an imperative public necessity. Therefore, in |
|
accordance with the policy of the state, the agency shall evaluate |
|
the effectiveness of programs under this subchapter based on the |
|
[student] achievement indicators adopted under Sections |
|
39.053(c)(1)-(4) [Section 39.053], including the results of |
|
assessment instruments. The agency may combine evaluations under |
|
this section with federal accountability measures concerning |
|
students of limited English proficiency. |
|
SECTION 12. Section 39.023(a-8), Education Code, as |
|
effective on or before September 1, 2015, is amended to read as |
|
follows: |
|
(a-8) A school district or open-enrollment charter school |
|
may, for its own use in determining whether students are performing |
|
at a satisfactory level, administer to a student at the appropriate |
|
grade level, other than a student required to be assessed, an |
|
assessment instrument developed for purposes of Subsection (a-4), |
|
(a-5), or (a-6). At the request of a district or open-enrollment |
|
charter school, the agency shall provide, allow for the |
|
administration of, and score each assessment instrument |
|
administered under this subsection in the same manner and at the |
|
same cost as for assessment instruments required to be administered |
|
under the applicable subsection. The results of an assessment |
|
instrument administered under this subsection may not be included |
|
as an indicator of [student] achievement under Section 39.053 or |
|
any other provision. |
|
SECTION 13. Section 39.052(b), Education Code, is amended |
|
to read as follows: |
|
(b) In determining the accreditation status of a school |
|
district, the commissioner: |
|
(1) shall evaluate and consider: |
|
(A) performance on [student] achievement |
|
indicators described by Section 39.053(c); and |
|
(B) performance under the financial |
|
accountability rating system developed under Subchapter D; and |
|
(2) may evaluate and consider: |
|
(A) the district's compliance with statutory |
|
requirements and requirements imposed by rule of the commissioner |
|
or State Board of Education under specific statutory authority that |
|
relate to: |
|
(i) reporting data through the Public |
|
Education Information Management System (PEIMS) or other reports |
|
required by state or federal law or court order; |
|
(ii) the high school graduation |
|
requirements under Section 28.025; or |
|
(iii) an item listed under Sections |
|
7.056(e)(3)(C)-(I) that applies to the district; |
|
(B) the effectiveness of the district's programs |
|
for special populations; and |
|
(C) the effectiveness of the district's career |
|
and technology program. |
|
SECTION 14. Section 39.055, Education Code, is amended to |
|
read as follows: |
|
Sec. 39.055. STUDENT ORDERED BY A JUVENILE COURT OR STUDENT |
|
IN RESIDENTIAL FACILITY NOT CONSIDERED FOR ACCOUNTABILITY |
|
PURPOSES. Notwithstanding any other provision of this code except |
|
to the extent otherwise provided under Section 39.054(f), for |
|
purposes of determining the performance of a school district, |
|
campus, or open-enrollment charter school under this chapter, a |
|
student ordered by a juvenile court into a residential program or |
|
facility operated by or under contract with the Texas Juvenile |
|
Justice Department, a juvenile board, or any other governmental |
|
entity or any student who is receiving treatment in a residential |
|
facility is not considered to be a student of the school district in |
|
which the program or facility is physically located or of an |
|
open-enrollment charter school, as applicable. The performance of |
|
such a student on an assessment instrument or other [student] |
|
achievement indicator adopted under Section 39.053 or reporting |
|
indicator adopted under Section 39.301 shall be determined, |
|
reported, and considered separately from the performance of |
|
students attending a school of the district in which the program or |
|
facility is physically located or an open-enrollment charter |
|
school, as applicable. |
|
SECTION 15. Section 39.056(b), Education Code, is amended |
|
to read as follows: |
|
(b) The commissioner shall determine the frequency of |
|
on-site investigations by the agency according to annual |
|
comprehensive analyses of student performance and equity in |
|
relation to the [student] achievement indicators adopted under |
|
Section 39.053. |
|
SECTION 16. Section 39.102(a), Education Code, is amended |
|
to read as follows: |
|
(a) If a school district does not satisfy the accreditation |
|
criteria under Section 39.052, the academic performance standards |
|
under Section 39.053 or 39.054, or any financial accountability |
|
standard as determined by commissioner rule, the commissioner shall |
|
take any of the following actions to the extent the commissioner |
|
determines necessary: |
|
(1) issue public notice of the deficiency to the board |
|
of trustees; |
|
(2) order a hearing conducted by the board of trustees |
|
of the district for the purpose of notifying the public of the |
|
insufficient performance, the improvements in performance expected |
|
by the agency, and the interventions and sanctions that may be |
|
imposed under this section if the performance does not improve; |
|
(3) order the preparation of a student achievement |
|
improvement plan that addresses each academic [student] |
|
achievement indicator under Section 39.053(c) for which the |
|
district's performance is insufficient, the submission of the plan |
|
to the commissioner for approval, and implementation of the plan; |
|
(4) order a hearing to be held before the commissioner |
|
or the commissioner's designee at which the president of the board |
|
of trustees of the district and the superintendent shall appear and |
|
explain the district's low performance, lack of improvement, and |
|
plans for improvement; |
|
(5) arrange an on-site investigation of the district; |
|
(6) appoint an agency monitor to participate in and |
|
report to the agency on the activities of the board of trustees or |
|
the superintendent; |
|
(7) appoint a conservator to oversee the operations of |
|
the district; |
|
(8) appoint a management team to direct the operations |
|
of the district in areas of insufficient performance or require the |
|
district to obtain certain services under a contract with another |
|
person; |
|
(9) if a district has a current accreditation status |
|
of accredited-warned or accredited-probation, fails to satisfy any |
|
standard under Section 39.054(e), or fails to satisfy financial |
|
accountability standards as determined by commissioner rule, |
|
appoint a board of managers to exercise the powers and duties of the |
|
board of trustees; |
|
(10) if for two consecutive school years, including |
|
the current school year, a district has received an accreditation |
|
status of accredited-warned or accredited-probation, has failed to |
|
satisfy any standard under Section 39.054(e), or has failed to |
|
satisfy financial accountability standards as determined by |
|
commissioner rule, revoke the district's accreditation and: |
|
(A) order closure of the district and annex the |
|
district to one or more adjoining districts under Section 13.054; |
|
or |
|
(B) in the case of a home-rule school district or |
|
open-enrollment charter school, order closure of all programs |
|
operated under the district's or school's charter; or |
|
(11) if a district has failed to satisfy any standard |
|
under Section 39.054(e) due to the district's dropout rates, impose |
|
sanctions designed to improve high school completion rates, |
|
including: |
|
(A) ordering the development of a dropout |
|
prevention plan for approval by the commissioner; |
|
(B) restructuring the district or appropriate |
|
school campuses to improve identification of and service to |
|
students who are at risk of dropping out of school, as defined by |
|
Section 29.081; |
|
(C) ordering lower student-to-counselor ratios |
|
on school campuses with high dropout rates; and |
|
(D) ordering the use of any other intervention |
|
strategy effective in reducing dropout rates, including mentor |
|
programs and flexible class scheduling. |
|
SECTION 17. Section 39.263(a), Education Code, is amended |
|
to read as follows: |
|
(a) The criteria that the commissioner shall use to select |
|
successful schools and districts must be related to the goals in |
|
Section 4.002 and must include consideration of performance on the |
|
[student] achievement indicators adopted under Section 39.053(c) |
|
and consideration of the distinction designation criteria |
|
prescribed by or developed under Subchapter G. |
|
SECTION 18. Section 39.301(b), Education Code, is amended |
|
to read as follows: |
|
(b) Performance on the indicators adopted under this |
|
section shall be evaluated in the same manner provided for |
|
evaluation of the [student] achievement indicators under Sections |
|
39.053(c)(1)-(4) [Section 39.053(c)]. |
|
SECTION 19. 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 [student] achievement |
|
indicators described by Section 39.053(c) and the reporting |
|
indicators described by Sections 39.301(c)(1) through (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 20. Sections 39.332(b)(2) and (20), Education Code, |
|
are amended to read as follows: |
|
(2) The report must contain an evaluation of the |
|
status of education in the state as reflected by: |
|
(A) the [student] achievement indicators |
|
described by Section 39.053; and |
|
(B) the reporting indicators described by |
|
Section 39.301. |
|
(20) The report must contain a comparison of the |
|
performance of open-enrollment charter schools and school |
|
districts on the [student] achievement indicators described by |
|
Section 39.053(c), the reporting indicators described by Section |
|
39.301(c), and the accountability measures adopted under Section |
|
39.053(i), with a separately aggregated comparison of the |
|
performance of open-enrollment charter schools predominantly |
|
serving students at risk of dropping out of school, as described by |
|
Section 29.081(d), with the performance of school districts. |
|
SECTION 21. Subchapter C, Chapter 38, and Sections |
|
39.053(e) and 39.054(b), (d), and (d-1), Education Code, are |
|
repealed. |
|
SECTION 22. Not later than December 1, 2016, the |
|
commissioner of education shall adopt the set of indicators to |
|
measure and evaluate school districts and campuses as required by |
|
Section 39.053, Education Code, as amended by this Act. |
|
SECTION 23. Not later than January 1, 2017, the |
|
commissioner of education shall submit a report to the standing |
|
committees of the legislature having primary jurisdiction over |
|
primary and secondary education that provides for a preliminary |
|
evaluation of school districts and campuses under Section 39.054, |
|
Education Code. The report must include: |
|
(1) the rating each school district and campus would |
|
have received for the first through fourth domains of indicators as |
|
provided by Sections 39.053(c)(1)-(4), Education Code, as amended |
|
by this Act, for the 2015-2016 school year if the indicators adopted |
|
by the commissioner of education under Section 39.053, Education |
|
Code, as amended by this Act, existed during the 2015-2016 school |
|
year; |
|
(2) the correlation between each designated letter |
|
performance rating the school district or campus would have |
|
received and the percentage of students at each district and |
|
campus: |
|
(A) qualifying for the free or reduced-price |
|
breakfast under the national school breakfast programs provided for |
|
by the Child Nutrition Act of 1966 (42 U.S.C. Section 1773); |
|
(B) that are students of limited English |
|
proficiency as defined by Section 29.052, Education Code; and |
|
(C) disaggregated by race, ethnicity, and |
|
socioeconomic status used to assign ratings in the system. |
|
SECTION 24. (a) Except as provided by Subsections (b) and |
|
(c) of this section, this Act applies beginning with the 2017-2018 |
|
school year. |
|
(b) Section 3 of this Act applies beginning with the |
|
2015-2016 school year. |
|
(c) Section 4 of this Act applies beginning with the |
|
2016-2017 school year. |
|
SECTION 25. Except as otherwise provided by this Act, 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, 2015. |