88R923 TSS-F
 
  By: Johnson S.B. No. 789
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to indicators of achievement, assignment of campus
  performance ratings, and academic distinction designations under
  the public school accountability system.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 39.053(c), Education Code, is 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 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; and
                           (xiv)  students who successfully completed a
  Pathways in Technology Early College High School (P-TECH) program
  established under Subchapter N, Chapter 29, or another early
  college high school program;
               (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 2.  Section 39.0544(a), Education Code, is amended
  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; and
                     (C)  any distinction designations awarded to the
  campus under Subchapter G;
               (2)  may permit a district or school to assign weights
  to each domain, [or] set of accountability measures, or distinction
  designations 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.
         SECTION 3.  Section 39.202, Education Code, is amended to
  read as follows:
         Sec. 39.202.  ACADEMIC DISTINCTION DESIGNATION FOR
  DISTRICTS AND CAMPUSES.  The commissioner by rule shall establish
  an academic distinction designation for districts and campuses for
  outstanding performance in attainment of postsecondary readiness.  
  The commissioner shall adopt criteria for the designation under
  this section, including:
               (1)  percentages of students who:
                     (A)  performed satisfactorily, as determined
  under the college readiness performance standard under Section
  39.0241, on assessment instruments required under Section
  39.023(a), (b), (c), or (l), aggregated across grade levels by
  subject area; or
                     (B)  met the standard for annual improvement, as
  determined by the agency under Section 39.034, on assessment
  instruments required under Section 39.023(a), (b), (c), or (l),
  aggregated across grade levels by subject area, for students who
  did not perform satisfactorily as described by Paragraph (A);
               (2)  percentages of:
                     (A)  students who earned a nationally or
  internationally recognized business or industry certification or
  license;
                     (B)  students who completed a coherent sequence of
  career and technical courses;
                     (C)  students who completed a dual credit course
  or an articulated postsecondary course provided for local credit;
                     (D)  students who achieved applicable College
  Readiness Benchmarks or the equivalent on the Preliminary
  Scholastic Assessment Test (PSAT), the Scholastic Assessment Test
  (SAT), the American College Test (ACT), or the ACT-Plan assessment
  program; [and]
                     (E)  students who received a score on either an
  advanced placement test or an international baccalaureate
  examination to be awarded college credit; and
                     (F)  students who completed a Pathways in
  Technology Early College High School (P-TECH) program established
  under Subchapter N, Chapter 29, or another early college high
  school program; and
               (3)  other factors for determining sufficient student
  attainment of postsecondary readiness.
         SECTION 4.  This Act applies beginning with the 2023-2024
  school year.
         SECTION 5.  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.