86R14161 CAE-F
 
  By: Huberty H.B. No. 3904
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to public school accountability, including certain
  assessment requirements, performance standards, and sanctions,
  including sanctions affecting educator contracts, and to providing
  alternative methods to satisfy certain public high school
  graduation requirements.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. PUBLIC SCHOOL ACCOUNTABILITY
         SECTION 1.01.  Section 39.0241, Education Code, is amended
  by adding Subsection (a-2) to read as follows:
         (a-2)  This subsection applies only to an assessment
  instrument authorized under Section 39.025(a-2), as added by
  Chapter 1036 (H.B. 1613), Acts of the 84th Legislature, Regular
  Session, 2015, for use as a substitute assessment instrument for
  purposes of satisfying the requirements concerning an
  end-of-course assessment instrument. The commissioner shall
  designate for student performance on each substitute assessment
  instrument subject to this subsection a level of performance
  considered to be satisfactory and a level of performance necessary
  to indicate college readiness in the same manner as the
  commissioner designates those standards for student performance on
  each end-of-course assessment instrument listed in Section
  39.023(c). The commissioner shall designate the level of
  performance that indicates college readiness on a substitute
  assessment as "masters grade-level performance."
         SECTION 1.02.  Section 39.053(c), Education Code, as amended
  by Chapters 807 (H.B. 22), 842 (H.B. 2223), and 1088 (H.B. 3593),
  Acts of the 85th Legislature, Regular Session, 2017, is reenacted
  and amended to read as follows:
         (c)  School districts and campuses must be evaluated based on
  three domains of indicators of achievement adopted under this
  section that include:
               (1)  in the student achievement domain, indicators of
  student achievement that must include:
                     (A)  for evaluating the performance of districts
  and campuses generally:
                           (i)  an indicator that accounts for the
  results of assessment instruments required under Sections
  39.023(a), (c), and (l), as applicable for the district and campus,
  including the results of assessment instruments required for
  graduation retaken by a student, aggregated across grade levels by
  subject area, including:
                                 (a)  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
                                 (b)  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
                           (ii)  an indicator that accounts for the
  results of assessment instruments required under Section
  39.023(b), as applicable for the district and campus, 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; [and]
                     (B)  for evaluating the performance of high school
  campuses and districts that include high school campuses,
  indicators that account for:
                           (i)  students who satisfy the Texas Success
  Initiative (TSI) college readiness benchmarks prescribed by the
  Texas Higher Education Coordinating Board under Section 51.334 on
  an assessment instrument in reading or mathematics designated by
  the coordinating board under that section;
                           (ii)  students who satisfy relevant
  performance standards on advanced placement tests or similar
  assessments;
                           (iii)  students who earn dual course credits
  in English language arts, mathematics, science, or social studies 
  [the] dual credit courses;
                           (iv)  students who enlist in the armed
  forces of the United States;
                           (v)  students who complete coherent
  sequences of courses required to earn industry certifications;
                           (vi)  students admitted into postsecondary
  industry certification programs that require as a prerequisite for
  entrance successful performance at the secondary level;
                           (vii)  students whose successful completion
  of a course or courses under Section 28.014 indicates the student's
  preparation to enroll and succeed, without remediation, in an
  entry-level general education course for a baccalaureate degree or
  associate degree;
                           (viii)  students who successfully met
  standards on a composite of indicators that through research
  indicates the student's preparation to enroll and succeed, without
  remediation, in an entry-level general education course for a
  baccalaureate degree or associate degree;
                           (ix)  high school graduation rates, computed
  in accordance with standards and definitions adopted in compliance
  with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.)
  subject to the exclusions provided by Subsections (g), (g-1),
  (g-2), and (g-3);
                           (x)  students who successfully completed an
  OnRamps dual enrollment course; [and]
                           (xi)  [the percentage of] students who
  successfully completed a practicum or internship approved by the
  State Board of Education;
                           (xii)  students who are awarded an associate 
  [associate's] degree;
                           (xiii)  students who participate in
  extracurricular activities, including University Interscholastic
  League A+ academic events and foreign language, chess, and robotics
  clubs; and
                           (xiv)  ninth grade students who are
  academically on track to graduate with their ninth grade cohort;
  and
                     (C)  for evaluating the performance of middle and
  junior high school and elementary school campuses and districts
  that include those campuses, indicators that account for:
                           (i)  students who participate in full-day
  prekindergarten programs;
                           (ii)  students who participate in
  elementary literacy and mathematics academies; and
                           (iii)  students who participate in
  extracurricular activities, including University Interscholastic
  League A+ academic events and foreign language, chess, and robotics
  clubs;
               (2)  in the school progress domain, indicators for
  effectiveness in promoting student learning, which must include:
                     (A)  for assessment instruments, including
  assessment instruments under Subdivisions (1)(A)(i) and (ii), the
  percentage of students who met the standard for improvement, as
  determined by the commissioner; and
                     (B)  for evaluating relative performance, the
  performance of districts and campuses compared to similar districts
  or campuses; and
               (3)  in the closing the gaps domain, the use of
  disaggregated data to demonstrate the differentials among students
  from different racial and ethnic groups, socioeconomic
  backgrounds, and other factors, including:
                     (A)  students formerly receiving special
  education services;
                     (B)  students continuously enrolled; and
                     (C)  students who are mobile.
         SECTION 1.03.  Section 39.053, Education Code, is amended by
  adding Subsection (c-4) to read as follows:
         (c-4)  The commissioner shall determine a method by which a
  student's performance under Subsection (c)(1)(B)(v) may be
  included in determining the performance of a district or campus
  under Section 39.054 if the student successfully completed the
  courses but did not receive the certification until after the
  student graduated.
         SECTION 1.04.  Section 39.054, Education Code, is amended by
  adding Subsections (a-5) and (a-6) to read as follows:
         (a-5)  For purposes of assigning each district and campus a
  domain performance rating under Section 39.053(c), the
  commissioner may not attribute more than 50 percent of any domain
  performance rating to the results of assessment instruments
  required under Sections 39.023(a), (b), (c), and (l).
         (a-6)  For purposes of assigning each district and campus a
  domain performance rating for the student achievement domain under
  Section 39.053(c)(1), the commissioner shall attribute:
               (1)  40 percent of the performance rating to the
  indicators under Section 39.053(c)(1)(A) relating to assessment
  instrument results;
               (2)  20 percent of the performance rating to the
  indicator under Section 39.053(c)(1)(B)(ix) relating to high
  school graduation rates; and
               (3)  40 percent of the performance rating to the
  indicators under Section 39.053(c)(1)(B) relating to college,
  career, and military readiness.
         SECTION 1.05.  Section 39.0548, Education Code, is amended
  by amending Subsections (a) and (d) and adding Subsections (a-1),
  (e), (f), (g), and (h) to read as follows:
         (a)  For purposes of evaluating performance under Section
  39.053(c), the commissioner shall designate as a dropout recovery
  school a school district or an open-enrollment charter school or a
  campus of a district or of an open-enrollment charter school:
               (1)  that serves students in grades 9 through 12 and has
  an enrollment of which at least 50 percent of the students are 17
  years of age or older as of September 1 of the school year as
  reported for the fall semester Public Education Information
  Management System (PEIMS) submission; and
               (2)  that [meets the eligibility requirements for and]
  is registered under alternative education accountability
  procedures adopted by the commissioner.
         (a-1)  For purposes of assigning performance ratings under
  Section 39.054, the commissioner shall evaluate a dropout recovery
  school under alternative education accountability procedures
  adopted by the commissioner.
         (d)  For [Notwithstanding Section 39.053(c), for] purposes
  of evaluating a dropout recovery school under the alternative
  education accountability procedures adopted by the commissioner
  [to determine the performance rating of the school under Section
  39.054], only the best result from the primary administration or
  any retake of an assessment instrument administered to a student in
  the school year evaluated may be considered in assigning
  performance ratings for the school under Section 39.054.
         (e)  For purposes of evaluating performance of a dropout
  recovery school under the student achievement domain under Section
  39.053(c)(1), the commissioner may consider for purposes of
  assigning a domain performance rating under Section 39.054 student
  performance based only on the "approaches grade level" performance
  standard. Any evaluation of student performance based on a higher
  performance standard may not be considered to negatively affect the
  domain performance rating or a performance target score of the
  school.
         (f)  For purposes of evaluating performance of a dropout
  recovery school under the school progress domain under Section
  39.053(c)(2), the commissioner may award credit for academic growth
  for purposes of assigning a domain performance rating under Section
  39.054 based only on a student reaching the "approaches grade
  level" performance standard. Any evaluation of student performance
  based on reaching a higher academic growth performance standard may
  not be considered to negatively affect the amount of credit awarded
  to the school or the domain performance rating or a performance
  target score of the school.
         (g)  For purposes of assigning an overall performance rating
  for a dropout recovery school under Section 39.054, the
  commissioner shall consider only the school's domain performance
  ratings under the student achievement domain under Section
  39.053(c)(1) and the school progress domain under Section
  39.053(c)(2).
         (h)  The performance of a dropout recovery school under the
  closing the gaps domain under Section 39.053(c)(3) may be used for
  reporting purposes only.
         SECTION 1.06.  This article applies beginning with the
  2019-2020 school year.
  ARTICLE 2.  ACCOUNTABILITY INTERVENTIONS AND SANCTIONS
         SECTION 2.01.  Section 39A.051(b), Education Code, is
  amended to read as follows:
         (b)  For a campus described by Subsection (a), the
  commissioner, to the extent the commissioner determines necessary,
  may:
               (1)  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 school district, the district superintendent,
  and the campus principal shall appear and explain the campus's low
  performance, lack of improvement, and plans for improvement; [or]
               (2)  establish a school community partnership team
  composed of members of the campus-level planning and
  decision-making committee established under Section 11.251 and
  additional community representatives as determined appropriate by
  the commissioner; or
               (3)  order reconstitution of the campus and
  implementation of strategic staffing as provided by Section
  39A.0511.
         SECTION 2.02.  Effective September 1, 2019, Subchapter B,
  Chapter 39A, Education Code, is amended by adding Section 39A.0511
  to read as follows:
         Sec. 39A.0511.  RECONSTITUTION AND STRATEGIC STAFFING. (a)
  For a campus described by Section 39A.051(a), the school district
  may choose to pursue reconstitution and implementation of strategic
  staffing for the campus as provided by this section.
         (b)  The commissioner by rule shall provide procedures for
  the strategic staffing of a campus that is reconstituted by order of
  the commissioner under Section 39A.051(b) or by option of the
  school district under Subsection (a), including procedures for:
               (1)  the retention at the campus of a teacher of a
  subject for which an assessment instrument is administered under
  Section 39.023 only if a pattern of significant academic
  improvement by students taught by the teacher is established;
               (2)  removal of the principal of the campus, unless the
  campus intervention team determines retention of the principal
  would be more beneficial to student achievement and campus
  stability than removal; and
               (3)  placement of educators at the campus based on each
  educator's established effectiveness.
         (c)  A determination that an educator may not be retained at
  a reconstituted campus constitutes good cause under Chapter 21 for
  discharging the educator and terminating the educator's contract.
  This subsection applies regardless of whether the reconstitution
  was ordered by the commissioner under Section 39A.051(b) or
  implemented by option of the school district under Subsection (a).
         SECTION 2.03.  Section 39A.060, Education Code, is amended
  to conform to Section 1, Chapter 472 (H.B. 2263), Acts of the 85th
  Legislature, Regular Session, 2017, and further amended to read as
  follows:
         Sec. 39A.060.  CAMPUS INTERVENTION TEAM CONTINUING
  DUTIES.  For each year a campus is assigned an unacceptable
  performance rating, the campus intervention team shall:
               (1)  [continue to work with the campus until:
                     [(A)     the campus satisfies all performance
  standards under Section 39.054(e) for a two-year period; or
                     [(B)     the campus satisfies all performance
  standards under Section 39.054(e) for a one-year period and the
  commissioner determines that the campus is operating and will
  continue to operate in a manner that improves student achievement;
               [(2)]  assist in updating the targeted improvement plan
  to identify and analyze areas of growth and areas that require
  improvement; [and]
               (2) [(3)]  submit each updated targeted improvement
  plan described by Subdivision (1) [(2)] to the board of trustees of
  the school district; and
               (3)  determine which educators may be retained at the
  campus, if the campus is reconstituted by order of the commissioner
  under Section 39A.051(b) or by option of the school district under
  Section 39A.0511.
         SECTION 2.04.  The change in law made by Section
  39A.0511(c), Education Code, as added by this Act, applies only to a
  contract entered into on or after September 1, 2019.
         SECTION 2.05.  This article applies beginning with the
  2019-2020 school year.
  ARTICLE 3. INDIVIDUAL GRADUATION COMMITTEES
         SECTION 3.01.  Sections 12.104(b-2) and (b-3), Education
  Code, are amended to read as follows:
         (b-2)  An open-enrollment charter school is subject to the
  requirement to establish an individual graduation committee under
  Section 28.0258. [This subsection expires September 1, 2019.]
         (b-3)  An open-enrollment charter school is subject to the
  graduation qualification procedure established by the commissioner
  under Section 28.02541. [This subsection expires September 1,
  2019.]
         SECTION 3.02.  Section 28.025(c-6), Education Code, is
  amended to read as follows:
         (c-6)  Notwithstanding Subsection (c), a person may receive
  a diploma if the person is eligible for a diploma under Section
  28.0258. [This subsection expires September 1, 2019.]
         SECTION 3.03.  Effective September 1, 2019, Section
  28.02541(a), Education Code, is amended to read as follows:
         (a)  This section applies only to a student who:
               (1)  entered the ninth grade before the 2011-2012
  school year;
               (2)  successfully completed the curriculum
  requirements for high school graduation applicable to the student
  when the student entered the ninth grade;
               (3)  has not performed satisfactorily on an assessment
  instrument or a part of an assessment instrument required for high
  school graduation, including an alternate assessment instrument
  offered under Section 39.025(c-2) [39.025(c-1)]; and
               (4)  has been administered the assessment instrument or
  the part of the assessment instrument for which the student has not
  performed satisfactorily at least three times.
         SECTION 3.04.  Section 28.02591(a), Education Code, is
  amended to read as follows:
         (a)  The Texas Higher Education Coordinating Board, in
  coordination with the agency, shall collect longitudinal data
  relating to the post-graduation pursuits of each student who is
  awarded a diploma based on the determination of an individual
  graduation committee under Section 28.0258, [as that section
  existed before September 1, 2019,] including whether the student:
               (1)  enters the workforce;
               (2)  enrolls in an associate degree or certificate
  program at a public or private institution of higher education;
               (3)  enrolls in a bachelor's degree program at a public
  or private institution of higher education; or
               (4)  enlists in the armed forces of the United States or
  the Texas National Guard.
         SECTION 3.05.  Section 39.025(a-2), Education Code, as added
  by Chapter 5 (S.B. 149), Acts of the 84th Legislature, Regular
  Session, 2015, is redesignated as Section 39.025(a-5), Education
  Code, and amended to read as follows:
         (a-5) [(a-2)]  Notwithstanding Subsection (a), a student who
  has failed to perform satisfactorily on end-of-course assessment
  instruments in the manner provided under this section may receive a
  high school diploma if the student has qualified for graduation
  under Section 28.0258. [This subsection expires September 1,
  2019.]
         SECTION 3.06.  Section 39.025(a-3), Education Code, is
  amended to read as follows:
         (a-3)  A student who, after retaking an end-of-course
  assessment instrument for Algebra I or English II, has failed to
  perform satisfactorily as required by Subsection (a), but who
  receives a score of proficient on the Texas Success Initiative
  (TSI) diagnostic assessment for the corresponding subject for which
  the student failed to perform satisfactorily on the end-of-course
  assessment instrument satisfies the requirement concerning the
  Algebra I or English II end-of-course assessment, as applicable.
  [This subsection expires September 1, 2019.]
         SECTION 3.07.  Sections 28.02541(g), 28.0258(l), and
  28.0259(e), Education Code, are repealed.
  ARTICLE 4. CONFLICTS PROVISION; EFFECTIVE DATE
         SECTION 4.01.  To the extent of any conflict, this Act
  prevails over another Act of the 86th Legislature, Regular Session,
  2019, relating to nonsubstantive additions to and corrections in
  enacted codes.
         SECTION 4.02.  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 on the 91st day after the last day of the legislative
  session.