85R7756 PAM-D

By: Bailes H.B. No. 3290

A BILL TO BE ENTITLED

AN ACT

relating to evaluation of public schools.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 39.053, Education Code, is amended by amending Subsection (c) and adding Subsection (c-3) to read as follows:

(c) School districts and campuses must be evaluated based on five domains of indicators of achievement adopted under this section that 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) for the performance standard determined by the commissioner under Section 39.0241(a), the percentage of students who performed satisfactorily on the assessment instruments, 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 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, other than academic achievement differentials based on the results of assessment instruments under Subdivision (1) or (2);

(4) in the fourth 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) high school graduation rates, computed in accordance with standards and definitions adopted in compliance with the Every Student Succeeds Act [No Child Left Behind Act of 2001] (20 U.S.C. Section 6301 et seq.);

(iii) the percentage of students who successfully completed the curriculum requirements for the distinguished level of achievement under the foundation high school program;

(iv) the percentage of students who successfully completed the curriculum requirements for an endorsement under Section 28.025(c-1);

(v) the percentage of students who completed a coherent sequence of career and technical courses;

(vi) 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);

(vii) the percentage of students who earn 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 have completed an advanced placement course;

(ix) the percentage of students who enlist in the armed forces of the United States; and

(x) the percentage of students who earn 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:

(a) dropout rates, computed in the manner described by Paragraph (A)(i); and

(b) the percentage of students in grades seven and eight who receive instruction in preparing for high school, college, and a career that includes information regarding the creation of a high school personal graduation plan under Section 28.02121, the distinguished level of achievement described by Section 28.025(b-15), each endorsement described by Section 28.025(c-1), college readiness standards, and potential career choices and the education needed to enter those careers; and

(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.

(c-3) For purposes of evaluating the performance of middle and junior high school and elementary school campuses and school districts that include those campuses under the student attendance indicator under Subsection (c)(4)(B)(i) and assigning a performance rating under Section 39.054, the commissioner may not consider only excessive absences as the performance standard for evaluation.

SECTION 2. Effective September 1, 2017, Sections 39.054(a), (a-1), (a-2), and (a-3), Education Code, as effective September 1, 2017, are amended to read as follows:

(a) The commissioner shall adopt rules to evaluate school district and campus performance and assign each district and campus a [an overall] 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).] A [An overall or domain] performance rating of A reflects exemplary performance. A [An overall or domain] performance rating of B reflects recognized performance. A [An overall or domain] performance rating of C reflects acceptable performance. A [An overall or domain] performance rating of D or F reflects unacceptable performance. A district may not receive a [an overall or domain] performance rating of A if the district includes any campus with a [corresponding overall or domain] performance rating of D or F. A reference in law to an acceptable rating or acceptable performance includes a [an overall or domain] performance rating of A, B, or C or exemplary, recognized, or acceptable performance.

(a-1) For purposes of assigning a [an overall] performance rating under Subsection (a), the commissioner shall attribute:

(1) [55 percent of the performance evaluation to the achievement indicators] for each of the first, second, and third domains under Sections 39.053(c)(1)-(3), 20 percent of the performance evaluation to the achievement indicators in each domain;

(2) for middle and junior high school and elementary campuses and districts that include only those campuses, 20 [35] percent of the performance evaluation to the applicable achievement indicators for the fourth domain under Section 39.053(c)(4);

(3) for high school campuses and districts that include those campuses, 20[:

[(A) 10 percent of the performance evaluation to the high school graduation rate achievement indicator described by Section 39.053(c)(4)(A)(ii); and

[(B) 25] percent of the performance evaluation to the [remaining] applicable achievement indicators for the fourth domain under Section 39.053(c)(4); and

(4) 20 [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).

(a-2) 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-3) Not later than August 15 of each year, the performance rating [ratings] of each district and campus shall be made publicly available as provided by rules adopted under this section. If a district or campus received a [an overall or domain] performance rating of D or F for the preceding school year, the commissioner shall notify the district of a subsequent such designation on or before June 15.

SECTION 3. Section 39.054, Education Code, is amended by adding Subsection (b) to read as follows:

(b) For purposes of assigning school districts and campuses a performance rating under Subsection (a), the commissioner shall ensure that the method used to evaluate performance:

(1) is not implemented in a manner that provides for a specific designated distribution of ratings to districts and campuses under which a designated percentage of districts or campuses receive an A rating or an F rating; and

(2) is implemented in a manner that provides the mathematical possibility that all districts and campuses receive an A rating.

SECTION 4. Subchapter C, Chapter 39, Education Code, is amended by adding Section 39.0542 to read as follows:

Sec. 39.0542. EXPLANATORY MATERIALS FOR ACCOUNTABILITY RATING SYSTEM. (a) Not later than October 1 of each school year, the commissioner shall provide each school district a document in a simple, accessible format that explains the accountability performance measures, methods, and procedures that will be applied for that school year in assigning each school district and campus a performance rating under Section 39.054.

(b) The document provided under Subsection (a) must be provided in a format that a school district is able to easily distribute to parents of students enrolled in the district and other interested members of the public.

SECTION 5. Section 39.0546, Education Code, is amended 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 a performance [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 (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. A [An overall or a] program or category performance rating of A reflects exemplary performance. A [An overall or a] program or category performance rating of B reflects recognized performance. A [An overall or a] program or category performance rating of C reflects acceptable performance. A [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 a performance [an overall] rating under Section 39.054.

SECTION 6. Subchapter C, Chapter 39, Education Code, is amended by adding Section 39.0549 to read as follows:

Sec. 39.0549. EVALUATION OF CERTAIN SCHOOL DISTRICTS WITH CERTAIN RAPIDLY GROWING POPULATIONS. (a) This section applies only to a school district that experiences an increase in student enrollment from one school year to the next, at least 15 percent of which is comprised exclusively of students of limited English proficiency, as defined by Section 29.052.

(b) The commissioner by rule shall develop an alternative method for evaluating and assigning a performance rating to school districts subject to this section and campuses in those districts.

(c) Methods the commissioner may use for alternative evaluation as authorized by this section include, for purposes of assigning a performance rating under Section 39.054:

(1) excluding the achievement indicators under Section 39.053(c)(1); or

(2) excluding the achievement indicators under Section 39.053(c)(1) or (2), whichever set of indicators has the most negative impact on the performance rating of the district or campus.

SECTION 7. Section 39.301(d), Education Code, is amended to read as follows:

(d) Performance on the indicators described by Section 39.053(c)(4) [39.053(c)] and Subsections (c)(3), (4), and (9) must be based on longitudinal student data that is disaggregated by the bilingual education or special language program, if any, in which students of limited English proficiency, as defined by Section 29.052, are or former students of limited English proficiency were enrolled. If a student described by this subsection is not or was not enrolled in specialized language instruction, the number and percentage of those students shall be provided.

SECTION 8. If there is a conflict between the changes in law made by this Act and a federal law or regulation, the commissioner of education shall seek a waiver from the application of the conflicting federal law or regulation. In seeking a waiver, the commissioner shall submit all relevant data for considering the waiver application.

SECTION 9. This Act applies beginning with the 2017-2018 school year.

SECTION 10. 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, 2017.