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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. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 39.053(c), (g), (g-1), and (g-2), |
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Education Code, are amended to read as follows: |
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(c) School districts and campuses must be evaluated based on |
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the following [five] domains of indicators of achievement adopted |
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under this section, of which the first, second, third, and fifth |
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apply to middle and junior high school and elementary school |
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campuses and districts that include those campuses and all of which |
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apply to high school campuses and districts that include those |
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campuses [that 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) 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 performed satisfactorily on the assessment |
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instruments, 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 performed satisfactorily on the assessment |
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instruments, aggregated 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 |
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school campuses and districts that include high school campuses: |
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(A) [(i)] dropout rates, including dropout rates |
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and district completion rates for grade levels 9 through 12, |
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computed in accordance with standards and definitions adopted by |
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the National Center for Education Statistics of the United States |
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Department of Education; |
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(B) [(ii)] high school graduation rates, |
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computed in accordance with standards and definitions adopted in |
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compliance with the Every Student Succeeds Act [No Child Left
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Behind Act of 2001] (20 U.S.C. Section 6301 et seq.); |
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(C) [(iii)] 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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(D) [(iv)] 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); |
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(E) [(v)] the percentage of students who |
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completed a coherent sequence of career and technical courses; |
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(F) [(vi)] the percentage of students who |
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satisfy the Texas Success Initiative (TSI) college readiness |
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benchmarks prescribed by the Texas Higher Education Coordinating |
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Board under Section 51.3062(f) on an assessment instrument in |
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reading, writing, or mathematics designated by the Texas Higher |
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Education Coordinating Board under Section 51.3062(c); |
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(G) [(vii)] the percentage of students who earn |
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at least 12 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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(H) [(viii)] the percentage of students who have |
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completed an advanced placement course; |
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(I) [(ix)] the percentage of students who enlist |
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in the armed forces of the United States; [and] |
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(J) [(x)] the percentage of students who earn an |
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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; and
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[(ii)
for middle and junior high school
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campuses:
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[(a)
dropout rates, computed in the
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manner described by Paragraph (A)(i); and
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[(b)
the percentage of students in
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grades seven and eight who receive instruction in preparing for
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high school, college, and a career that includes information
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regarding the creation of a high school personal graduation plan
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under Section 28.02121, the distinguished level of achievement
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described by Section 28.025(b-15), each endorsement described by
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Section 28.025(c-1), college readiness standards, and potential
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career choices and the education needed to enter those careers;] |
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and |
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(K) [(C)] any additional indicators of |
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secondary-level student achievement not associated with |
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performance on standardized assessment instruments determined |
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appropriate for consideration by the commissioner in consultation |
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with educators, parents, business and industry representatives, |
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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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(g) In defining the required state standard for the dropout |
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rate indicator described by Subsection (c)(4)(A) [Subsections
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(c)(4)(A)(i) and (B)(ii)(a)], the commissioner may not consider as |
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a dropout 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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Subsection (c)(4)(A) [Subsections (c)(4)(A)(i) and (B)(ii)(a)], |
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the 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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(g-2) In computing completion rates under Subsection |
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(c)(4)(A) [(c)(2)], the commissioner shall exclude students who: |
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(1) are at least 18 years of age as of September 1 of |
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the school year as reported for the fall semester Public Education |
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Information Management System (PEIMS) submission and have |
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satisfied the credit requirements for high school graduation; |
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(2) have not completed their individualized education |
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program under 19 T.A.C. Section 89.1070(b)(2) and the Individuals |
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with Disabilities Education Act (20 U.S.C. Section 1400 et seq.); |
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and |
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(3) are enrolled and receiving individualized |
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education program services. |
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SECTION 2. Sections 39.054(a), (a-1), (c), and (e), |
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Education Code, as effective September 1, 2017, are amended to read |
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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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an overall performance rating of A, B, C, D, or F. In addition to |
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the overall performance rating, the commissioner shall assign each |
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district and campus a separate domain performance rating of A, B, C, |
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D, or F for each applicable domain under Sections 39.053(c)(1)-(4). |
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An overall or domain performance rating of A reflects exemplary |
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performance. An overall or domain performance rating of B reflects |
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recognized performance. An overall or domain performance rating of |
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C reflects acceptable performance. An overall or domain |
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performance rating of D or F reflects unacceptable performance. A |
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district may not receive an overall or domain performance rating of |
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A if the district includes any campus with a corresponding overall |
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or domain performance rating of D or F. A reference in law to an |
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acceptable rating or acceptable performance includes an overall or |
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domain performance rating of A, B, or C or exemplary, recognized, or |
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acceptable 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: |
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(1) 55 percent of the performance evaluation to the |
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achievement indicators for the first, second, and third domains |
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under Sections 39.053(c)(1)-(3); |
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(2) for middle and junior high school and elementary |
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campuses and districts that include only those campuses, an |
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additional 35 percent of the performance evaluation to the |
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[applicable] achievement indicators for the first, second, and |
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third domains under Sections 39.053(c)(1)-(3) [fourth domain under
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Section 39.053(c)(4)]; |
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(3) for high school campuses and districts that |
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include those campuses: |
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(A) 10 percent of the performance evaluation to |
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the high school graduation rate achievement indicator described by |
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Section 39.053(c)(4)(B) [39.053(c)(4)(A)(ii)]; and |
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(B) 25 percent to the remaining applicable |
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achievement indicators for the fourth domain under Section |
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39.053(c)(4); and |
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(4) 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). |
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(c) In evaluating school district and campus performance on |
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the achievement indicators for student performance on assessment |
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instruments adopted under Sections 39.053(c)(1) and (2) and the |
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dropout rate indicator adopted under Section 39.053(c)(4)(A) |
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[Sections 39.053(c)(4)(A)(i) and (B)(ii)(a)], the commissioner |
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shall define acceptable performance as meeting the state standard |
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determined by the commissioner under Section 39.053(f) for the |
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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 applicable achievement indicators |
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adopted under Sections 39.053(c)(1)-(4) to determine school |
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district and campus performance in relation to standards |
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established for each indicator. |
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SECTION 3. Section 39.054(f), Education Code, as effective |
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September 1, 2017, is transferred to Section 39.053, Education |
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Code, redesignated as Section 39.053(g-3), Education Code, and |
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amended to read as follows: |
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(g-3) [(f)] In the computation of dropout rates under |
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Subsection (c)(4)(A) [Sections 39.053(c)(4)(A)(i) and (B)(ii)(a)], |
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a student who is released from a juvenile pre-adjudication secure |
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detention facility or juvenile post-adjudication secure |
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correctional facility and fails to enroll in school or a student who |
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leaves a residential treatment center after receiving treatment for |
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fewer than 85 days and fails to enroll in school may not be |
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considered to have dropped out from the school district or campus |
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serving the facility or center unless that district or campus is the |
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one to which the student is regularly assigned. The agency may not |
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limit an appeal relating to dropout computations under this |
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subsection. |
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SECTION 4. Sections 39.0548(b) and (c), Education Code, are |
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amended to read as follows: |
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(b) Notwithstanding Section 39.053(c)(4)(A) |
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[39.053(c)(4)(A)(i)], the commissioner shall use the alternative |
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completion rate under this subsection to determine the dropout rate |
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indicator under Section 39.053(c)(4)(A) [39.053(c)(4)(A)(i)] for a |
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dropout recovery school. The alternative completion rate shall be |
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the ratio of the total number of students who graduate, continue |
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attending school into the next academic year, or receive a high |
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school equivalency certificate to the total number of students in |
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the longitudinal cohort of students. |
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(c) Notwithstanding Section 39.053(c)(4)(A) |
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[39.053(c)(4)(A)(i)], 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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SECTION 5. Section 39.055, Education Code, is amended to |
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read as follows: |
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Sec. 39.055. STUDENT ORDERED BY A JUVENILE COURT OR STUDENT |
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IN RESIDENTIAL FACILITY NOT CONSIDERED FOR ACCOUNTABILITY |
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PURPOSES. Notwithstanding any other provision of this code except |
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to the extent otherwise provided under Section 39.053(g-3) |
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[39.054(f)], for purposes of determining the performance of a |
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school district, campus, or open-enrollment charter school under |
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this chapter, a student ordered by a juvenile court into a |
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residential program or facility operated by or under contract with |
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the Texas Juvenile Justice Department, a juvenile board, or any |
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other governmental entity or any student who is receiving treatment |
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in a residential facility is not considered to be a student of the |
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school district in which the program or facility is physically |
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located or of an open-enrollment charter school, as applicable. |
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The performance of such a student on an assessment instrument or |
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other achievement indicator adopted under Section 39.053 or |
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reporting indicator adopted under Section 39.301 shall be |
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determined, reported, and considered separately from the |
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performance of students attending a school of the district in which |
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the program or facility is physically located or an open-enrollment |
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charter school, as applicable. |
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SECTION 6. This Act applies beginning with the 2017-2018 |
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school year. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |
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