84R11789 PAM-F
 
  By: Aycock H.B. No. 2804
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to assessment of public school students and evaluation of
  public school performance.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 39, Education Code, is
  amended by adding Section 39.0265 to read as follows:
         Sec. 39.0265.  LOCAL ASSESSMENT REQUIRED FOR SCIENCE, SOCIAL
  STUDIES, AND WRITING. (a) To evaluate student achievement in
  science, social studies, and writing, each school district shall
  assess students as provided by this section.
         (b)  For purposes of school district assessment under this
  section, the commissioner by rule shall adopt an approved list of:
               (1)  for science and writing, assessment instruments;
  and
               (2)  for science, social studies, and writing, rubrics
  that establish criteria for selecting, compiling, and evaluating
  student-produced work, including specific major projects or a
  portfolio of assignments completed over the course of a school
  year.
         (c)  Each school district shall select and use for assessment
  purposes assessment instruments or rubrics, as appropriate, from
  the approved list under Subsection (b). For science and writing, a
  district may also use a norm-referenced assessment instrument that
  complies with Section 39.026. Each school district shall adopt a
  policy that requires the assessment of students:
               (1)  in science and writing using a selected assessment
  instrument or rubric:
                     (A)  at least once during the period the student
  is enrolled in grades three through five; and
                     (B)  at least once during the period the student
  is enrolled in grades six through eight; and
               (2)  in social studies, using a selected rubric:
                     (A)  at least once during the period the student
  is enrolled in grades six through eight; and
                     (B)  and least once during the period the student
  is enrolled in high school.
         (d)  The agency shall provide training in evaluating
  student-produced work under each approved rubric. A teacher or
  another person evaluating student-produced work for purposes of
  this section must complete the agency training before evaluating
  student-produced work under this section to ensure consistent
  application of evaluation criteria within an approved rubric.
         (e)  The commissioner may conduct random audits of locally
  conducted assessments under this section to ensure that the data
  produced is sufficiently reliable for purposes of reporting under
  Section 39.053(c)(2).
         (f)  To comply as necessary with federal law, the
  commissioner may submit assessment instruments, rubrics, and
  related materials approved under Subsection (b) to the United
  States Department of Education for peer review.
         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.
         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:
         (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.
         SECTION 4.  Sections 39.0545(b) and (c), Education Code, as
  added by Chapter 167 (S.B. 1538), Acts of the 83rd Legislature,
  Regular Session, 2013, are amended to read as follows:
         (b)  Notwithstanding Section 39.053(c)(3)(A)(i) 
  [39.053(c)(2)], the commissioner shall use the alternative
  completion rate under this subsection to determine the dropout rate 
  [student achievement] indicator under Section 39.053(c)(3)(A)(i) 
  [39.053(c)(2)] for a dropout recovery school.  The alternative
  completion rate shall be the ratio of the total number of students
  who graduate, continue attending school into the next academic
  year, or receive a high school equivalency certificate to the total
  number of students in the longitudinal cohort of students.
         (c)  Notwithstanding Section 39.053(c)(3)(A)(i) 
  [39.053(c)(2)], in determining the performance rating under
  Section 39.054 of a dropout recovery school, the commissioner shall
  include any student described by Section 39.053(g-1) who graduates
  or receives a high school equivalency certificate.
         SECTION 5.  Subchapter C, Chapter 39, Education Code, is
  amended by adding Section 39.0546 to read as follows:
         Sec. 39.0546.  EVALUATION OF PERFORMANCE IN COMMUNITY AND
  STUDENT ENGAGEMENT. (a)  For purposes of evaluating campuses and
  districts under Section 39.053(c)(4) and assigning ratings under
  Section 39.054(a-1), each school district shall 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 campuses and the
  district will be evaluated.
         (b)  Each district shall submit to the agency the relevant
  data to evaluate the campuses and district.
         SECTION 6.  Sections   39.053(e) and 39.054(b), Education
  Code, are repealed.
         SECTION 7.  This Act applies beginning with the 2016-2017
  school year.
         SECTION 8.  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.