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A BILL TO BE ENTITLED
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AN ACT
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relating to the consideration of certain student differentials |
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based on racial and ethnic groups and sex under the public school |
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accountability system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 39.053, Education Code, is amended by |
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amending Subsections (c) and (e) and adding Subsections (c-5) and |
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(i-1) to read as follows: |
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(c) School districts and campuses must be evaluated based on |
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three domains of indicators of achievement adopted under this |
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section that include: |
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(1) in the student achievement domain, indicators of |
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student achievement that must include: |
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(A) for evaluating the performance of districts |
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and campuses generally: |
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(i) an indicator that accounts for the |
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results of assessment instruments required under Sections |
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39.023(a), (c), and (l), as applicable for the district and campus, |
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including the results of assessment instruments required for |
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graduation retaken by a student, aggregated across grade levels by |
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subject area, including: |
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(a) for the performance standard |
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determined by the commissioner under Section 39.0241(a), the |
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percentage of students who performed satisfactorily on the |
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assessment instruments, aggregated across grade levels by subject |
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area; and |
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(b) for the college readiness |
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performance standard as determined under Section 39.0241, the |
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percentage of students who performed satisfactorily on the |
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assessment instruments, aggregated across grade levels by subject |
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area; and |
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(ii) an indicator that accounts for the |
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results of assessment instruments required under Section |
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39.023(b), as applicable for the district and campus, including the |
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percentage of students who performed satisfactorily on the |
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assessment instruments, as determined by the performance standard |
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adopted by the agency, aggregated across grade levels by subject |
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area; and |
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(B) for evaluating the performance of high school |
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campuses and districts that include high school campuses, |
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indicators that account for: |
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(i) students who satisfy the Texas Success |
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Initiative (TSI) college readiness benchmarks prescribed by the |
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Texas Higher Education Coordinating Board under Section 51.334 on |
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an assessment instrument in reading or mathematics designated by |
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the coordinating board under that section; |
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(ii) students who satisfy relevant |
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performance standards on advanced placement tests or similar |
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assessments; |
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(iii) students who earn dual course credits |
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in the dual credit courses; |
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(iv) students who enlist in the armed |
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forces of the United States; |
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(v) students who earn industry |
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certifications; |
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(vi) students admitted into postsecondary |
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industry certification programs that require as a prerequisite for |
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entrance successful performance at the secondary level; |
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(vii) students whose successful completion |
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of a course or courses under Section 28.014 indicates the student's |
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preparation to enroll and succeed, without remediation, in an |
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entry-level general education course for a baccalaureate degree or |
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associate degree; |
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(viii) students who successfully met |
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standards on a composite of indicators that through research |
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indicates the student's preparation to enroll and succeed, without |
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remediation, in an entry-level general education course for a |
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baccalaureate degree or associate degree; |
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(ix) high school graduation rates, computed |
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in accordance with standards and definitions adopted in compliance |
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with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) |
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subject to the exclusions provided by Subsections (g), (g-1), |
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(g-2), [and] (g-3), and (g-4); |
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(x) students who successfully completed an |
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OnRamps dual enrollment course; |
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(xi) students who successfully completed a |
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practicum or internship approved by the State Board of Education; |
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and |
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(xii) students who are awarded an associate |
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degree; |
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(2) in the school progress domain, indicators for |
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effectiveness in promoting student learning, which must include: |
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(A) for assessment instruments, including |
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assessment instruments under Subdivisions (1)(A)(i) and (ii), the |
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percentage of students who met the standard for improvement, as |
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determined by the commissioner; and |
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(B) for evaluating relative performance, the |
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performance of districts and campuses compared to similar districts |
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or campuses; and |
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(3) in the closing the gaps domain, the use of |
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disaggregated data to demonstrate the differentials among |
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students: |
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(A) from different: |
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(i) racial and ethnic groups, including |
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students who are African American, Hispanic, white, American |
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Indian, Asian, Pacific Islander, and two or more races: |
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(a) considered as a whole; and |
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(b) disaggregated by sex; and |
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(ii) socioeconomic backgrounds;[,] and |
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(B) based on other relevant factors not described |
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by Paragraph (A), including: |
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(i) [(A)] students formerly receiving |
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special education services; |
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(ii) [(B)] students continuously enrolled; |
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and |
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(iii) [(C)] students who are mobile. |
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(c-5) Notwithstanding Subsection (c)(3)(A)(i), if there is |
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a conflict between that subsection and a federal law or regulation |
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and the commissioner is unable to obtain the necessary waiver from |
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the conflicting federal law or regulation, information reported |
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under that subsection may only be used by the agency for purposes of |
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a performance-based monitoring analysis system or results-driven |
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accountability system adopted or implemented by the agency. |
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(e) For purposes of Subsection (c)(3)(B)(i) [(c)(3)(A)], a |
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student formerly receiving special education services means a |
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student whose enrollment information: |
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(1) for the preceding school year, as reported through |
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the Public Education Information Management System (PEIMS), |
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indicates the student was enrolled at the campus and was |
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participating in a special education program; and |
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(2) for the current school year, as reported through |
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the Public Education Information Management System (PEIMS) and as |
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reported on assessment instruments administered to the student |
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under Section 39.023, indicates the student is enrolled at the |
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campus and is not participating in a special education program. |
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(i-1) Notwithstanding Subsection (c)(3)(A)(i)(b), |
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information reported under that sub-subparagraph may not be used by |
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the agency for accountability purposes before the accountability |
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ratings assigned for the 2024-2025 school year. This subsection |
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expires September 1, 2025. |
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SECTION 2. (a) This Act takes effect on any date not later |
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than September 1, 2023, on which the commissioner of education: |
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(1) obtains any necessary waiver from the application |
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of federal law or regulation conflicting with Section 39.053, |
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Education Code, as amended by this Act; or |
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(2) receives written notification from the United |
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States Department of Education that a waiver is not required. |
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(b) This Act applies beginning with the first school year |
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that begins after the date on which this Act takes effect under |
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Subsection (a) of this section. |
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(c) If the commissioner of education obtains any necessary |
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waiver or receives written notification as described by Subsection |
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(a) of this section, the commissioner shall certify that the |
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commissioner has obtained the waiver or received notification that |
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a waiver is not required, as applicable, and shall publish notice of |
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that fact in the Texas Register as soon as practicable after |
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obtaining the waiver or receiving notification. |