88R14345 GCB-F
 
  By: Allison H.B. No. 4514
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to public school accountability, including the assessment
  of academic performance, and district and campus performance
  standards and sanctions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 39.023(a), Education Code, is amended to
  read as follows:
         (a)  The agency shall adopt or develop appropriate
  criterion-referenced assessment instruments designed to assess
  essential knowledge and skills in reading, mathematics, [social
  studies,] and science. Except as provided by Subsection (a-2), all
  students, other than students assessed under Subsection (b) or (l)
  or exempted under Section 39.027, shall be assessed in:
               (1)  mathematics, annually in grades three through
  eight;
               (2)  reading, annually in grades three through eight;
               (3)  [social studies, in grade eight;
               [(4)]  science, in grades five and eight; and
               (4) [(5)]  any other subject and grade required by
  federal law.
         SECTION 2.  Section 39.053, Education Code, is amended by
  adding Subsection (b-1) and amending Subsection (c) to read as
  follows:
         (b-1)  For purposes of assigning a domain performance rating
  under Subsection (a), the commissioner shall attribute:
               (1)  for the student achievement domain under
  Subsection (c)(1), not more than 50 percent of the domain
  performance rating to the indicators under Subsections
  (c)(1)(A)(i) and (ii); and
               (2)  for the closing the gaps domain under Subsection
  (c)(3), not more than 50 percent of the domain performance rating to
  the academic achievement component under Subsections (c)(1)(A)(i)
  and (ii).
         (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]
                           (iii)  an indicator that accounts for the
  number of students who participate in and successfully complete
  courses in the enrichment curriculum under Section 28.002(a)(2);
                           (iv)  an indicator that accounts for
  students who participate in school-sponsored extracurricular and
  cocurricular student activities, taking into consideration the
  duration, intensity, and levels of engagement required for the
  activities;
                           (v)  an indicator that accounts for the
  results from the state-developed school and student safety survey
  of districts and campuses administered under Section 39.0531;
                           (vi)  an indicator that accounts for the
  efforts by districts and campuses relating to providing teacher
  mentoring programs and professional development opportunities that
  meet standards established by the State Board for Educator
  Certification by rule; and
                           (vii)  an indicator that accounts for
  students who are not in attendance fewer than 15 days during the
  current school year;
                     (A-1)  for evaluating the performance of
  elementary and middle school campuses, indicators that account for:
                           (i)  student participation in full-day
  prekindergarten programs, for campuses that serve students
  enrolled in prekindergarten;
                           (ii)  students in grades six, seven, and
  eight who successfully complete and receive credit for a course
  designated for a grade higher than the grade in which the student is
  enrolled; and
                           (iii)  students in grades six, seven, and
  eight, who successfully complete a career and technology course
  approved for purposes of the career and technology allotment under
  Section 48.106; 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 the dual credit courses;
                           (iv)  students who enlist in the armed
  forces of the United States or the Texas National Guard;
                           (v)  students who 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), (g-3), and (g-4);
                           (x)  students who successfully completed an
  OnRamps dual enrollment course;
                           (xi)  students who successfully completed a
  practicum or internship approved by the State Board of Education;
                           (xii)  students who are awarded an associate
  degree; and
                           (xiii)  students who successfully completed
  a program of study in career and technical education;
               (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:
                     (A)  [,] the use of disaggregated data to
  demonstrate the differentials among students from different racial
  and ethnic groups, socioeconomic backgrounds, and other factors,
  including:
                           (i) [(A)]  students formerly receiving
  special education services;
                           (ii) [(B)]  students continuously enrolled;
  and
                           (iii) [(C)]  students who are mobile; and
                     (B)  for evaluating the performance of elementary
  and middle school campuses, the indicators described by Subsections
  (c)(1)(A)(iii), (iv), (v), and (vi) and (c)(1)(A-1) for the school
  quality component.
         SECTION 3.  Subchapter C, Chapter 39, Education Code, is
  amended by adding Section 39.0531 to read as follows:
         Sec. 39.0531.  SCHOOL AND STUDENT SAFETY AND CLIMATE SURVEY.
  (a) The commissioner shall incorporate a school and student safety
  and climate survey as an indicator for the student achievement
  domain under Section 39.053(c)(1) and the closing the gaps domain
  under Section 39.053(c)(3). A school and student safety and
  climate survey shall be administered to administrators and teachers
  employed by school districts, students enrolled in school
  districts, and parents of those students.
         (b)  The commissioner shall adopt rules to implement this
  section, including rules to:
               (1)  determine the format of the survey;
               (2)  determine the questions that the survey must
  include;
               (3)  establish a period during a school year in which
  the survey must be conducted;
               (4)  establish requirements for administering and
  reporting the results of the survey; and
               (5)  authorize the manner in which the survey may be
  administered, including the local administration of the survey.
         (c)  Notwithstanding any other provision of this code,
  including Section 21.355, school and student safety and climate
  survey information must be reported to the agency in accordance
  with rules adopted by the commissioner.
         (d)  The commissioner may contract with a third party to
  provide any service necessary under this section.
         SECTION 4.  Section 39.054, Education Code, is amended by
  amending Subsections (a), (a-4), (a-5), and (b) and adding
  Subsection (f) to read as follows:
         (a)  Except as provided by Subsection (a-4), the
  commissioner shall adopt rules to evaluate school district and
  campus performance and assign each district and campus [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 Section 39.053(c). 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 reflects performance that needs
  improvement. A [An overall or] domain performance rating of 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. If a school district has been
  approved under Section 39.0544 to assign campus performance ratings
  and the commissioner has not assigned a campus a domain [an overall]
  performance rating of D or F, the commissioner shall assign the
  campus a domain [an overall] performance rating based on the school
  district assigned performance rating under Section 39.0544.
         (a-4)  Notwithstanding any other law, the commissioner may
  assign a school district or campus a domain [an overall]
  performance rating of "Not Rated" if the commissioner determines
  that the assignment of a performance rating of A, B, C, D, or F would
  be inappropriate because:
               (1)  the district or campus is located in an area that
  is subject to a declaration of a state of disaster under Chapter
  418, Government Code, and due to the disaster, performance
  indicators for the district or campus are difficult to measure or
  evaluate and would not accurately reflect quality of learning and
  achievement for the district or campus;
               (2)  the district or campus has experienced breaches or
  other failures in data integrity to the extent that accurate
  analysis of data regarding performance indicators is not possible;
               (3)  the number of students enrolled in the district or
  campus is insufficient to accurately evaluate the performance of
  the district or campus; or
               (4)  for other reasons outside the control of the
  district or campus, the performance indicators would not accurately
  reflect quality of learning and achievement for the district or
  campus.
         (a-5)  Notwithstanding any other law, a domain [an overall]
  performance rating of "Not Rated" is not included in calculating
  consecutive school years of unacceptable performance ratings and is
  not considered a break in consecutive school years of unacceptable
  performance ratings for purposes of any provision of this code.
         (b)  For purposes of assigning school districts and campuses
  [an overall and] a domain performance rating under Subsection (a),
  the commissioner shall ensure that the method used to evaluate
  performance is implemented in a manner that provides the
  mathematical possibility that all districts and campuses receive an
  A rating.
         (f)  For purposes of a provision of this title, a reference
  to the overall performance rating of a district or campus means:
               (1)  for a school year before the 2023-2024 school
  year, the overall performance rating assigned for the district or
  campus for that year under this section as it existed before
  amendment by Chapter ____ (_.B. No. ____), Acts of the 88th
  Legislature, Regular Session, 2023; and
               (2) for the 2023-2024 school year and each subsequent
  school year, the highest of the three domain performance ratings
  assigned to the district or campus under Section 39.054 for that
  school year.
         SECTION 5.  Section 39.0543(a), Education Code, is amended
  to read as follows:
         (a)  A reference in law to an acceptable performance rating
  or acceptable performance includes a [an overall or] domain
  performance rating of A, B, or C or performance that is exemplary,
  recognized, or acceptable. A reference in law to an unacceptable
  performance rating or unacceptable performance includes a closing
  the gaps [an overall or] domain performance rating of F. For the
  purposes of public reporting requirements, a [an overall or] domain
  performance rating of D shall be referred to as performance that
  needs improvement.
         SECTION 6.  Section 39.0544, Education Code, is amended by
  amending Subsections (a) and (e) to read as follows:
         (a)  The commissioner shall adopt rules regarding the
  assignment of campus performance ratings by school districts and
  open-enrollment charter schools. The rules:
               (1)  must require a district or school [, in assigning
  an overall performance rating for a campus,] to incorporate:
                     (A)  domain performance ratings assigned by the
  commissioner under Section 39.054; and
                     (B)  performance ratings based on locally
  developed domains or sets of accountability measures;
               (2)  may permit a district or school to assign weights
  to each domain or set of accountability measures described in
  Subdivision (1), as determined by the district or school, provided
  that the domains specified in Subdivision (1)(A) must in the
  aggregate account for at least 50 percent of the overall
  performance rating;
               (3)  must require that each locally developed domain or
  set of accountability measures:
                     (A)  contains levels of performance that allow for
  differentiation, with assigned standards for achieving the
  differentiated levels;
                     (B)  provides for the assignment of a letter grade
  of A, B, C, D, or F; and
                     (C)  meets standards for reliability and
  validity;
               (4)  must require that calculations for [overall
  performance ratings and] each locally developed domain or set of
  accountability measures be capable of being audited by a third
  party;
               (5)  must require that a district or school produce a
  campus score card that may be displayed on the agency's website; and
               (6)  must require that a district or school develop and
  make available to the public an explanation of the methodology used
  to assign performance ratings under this section.
         (e)  A school district or open-enrollment charter school
  authorized under this section to assign campus performance ratings
  shall evaluate the performance of each campus as provided by this
  section and assign each campus a performance rating of A, B, C, D,
  or F [for overall performance and] for each locally developed
  domain or set of accountability measures. Not later than a date
  established by the commissioner, the district or school shall:
               (1)  report the performance ratings to the agency; and
               (2)  make  the performance ratings available to the
  public as provided by commissioner rule.
         SECTION 7.  The following provisions of the Education Code
  are repealed:
               (1)  Sections 39.054(a-1) and (a-2); and
               (2)  Sections 39.0543(b), (b-1), (b-2), (b-3), (c), and
  (d).
         SECTION 8.  Before the first administration of the
  assessment instruments adopted under Section 39.023(a), Education
  Code, as amended by this Act, the Texas Education Agency shall
  develop evidence, through a peer review process, to demonstrate
  that the assessment instruments are aligned with the essential
  knowledge and skills for each subject assessed.
         SECTION 9.  The Texas Education Agency shall, to the
  greatest extent practicable, apply cost savings that result from
  implementing the changes made by this Act to support any program
  eligible under Title I, Elementary and Secondary Education Act of
  1965 (20 U.S.C. Section 6301 et seq.).
         SECTION 10.  This Act applies beginning with the 2023-2024
  school year.
         SECTION 11.  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, 2023.