By: Huberty H.B. No. 22
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to public school accountability.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 29.202, Education Code, is amended as
  follows:
         Sec. 29.202.  ELIGIBILITY. (a)  A  student is eligible to
  receive a public education grant or to attend another public school
  in the district in which the student resides under this subchapter
  if the student is assigned to attend a public school campus that has
  been issued an unacceptable performance rating, in both the student
  achievement domain under Section 39.053(c)(1) and the school
  progress domain under Section 39.053(c)(2), that is made publicly
  available under Section 39.054:
               (1)     at which 50 percent or more of the students did not
  perform satisfactorily on an assessment instrument administered
  under Section 39.023(a) or (c) in any two of the preceding three
  years (a-3) ; or
               (2)     that, at any time in the preceding three years,
  failed to satisfy any standard under Section 39.054(e).
         (b)  After a student has used a public education grant to
  attend a school in a district other than the district in which the
  student resides:
               (1)  the student does not become ineligible for the
  grant if the school on which the student's initial eligibility is
  based no longer meets the criteria under Subsection (a); and
               (2)  the student becomes ineligible for the grant if
  the student is assigned to attend a school that does not meet the
  criteria under Subsection (a).
         SECTION 2.  Section 39.052(b)(1), Education Code, is amended
  as follows:
         Sec. 39.052.  DETERMINATION OF ACCREDITATION STATUS OR
  PERFORMANCE RATING. (a)  Each year, the commissioner shall
  determine the accreditation status of each school district.
         (b)  In determining the accreditation status of a school
  district, the commissioner:
               (1)  shall evaluate and consider:
                     (A)  performance in the domains on achievement
  indicators described by Section 39.053(c); and
                     (B)  performance under the financial
  accountability rating system developed under Subchapter D; and
               (2)  may evaluate and consider:
                     (A)  the district's compliance with statutory
  requirements and requirements imposed by rule of the commissioner
  or State Board of Education under specific statutory authority that
  relate to:
                           (i)  reporting data through the Public
  Education Information Management System (PEIMS) or other reports
  required by state or federal law or court order;
                           (ii)  the high school graduation
  requirements under Section 28.025; or
                           (iii)  an item listed under Sections
  7.056(e)(3)(C)-(I) that applies to the district;
                     (B)  the effectiveness of the district's programs
  for special populations; and
                     (C)  the effectiveness of the district's career
  and technology program.
         SECTION 3.  Section 39.053, Education Code, is amended as
  follows:
         Sec. 39.053.  PERFORMANCE INDICATORS: ACHIEVEMENT.  (a)  The
  commissioner shall adopt a set of indicators, including the
  indicators within the domains specified under Subsection (c), of
  the quality of learning and achievement.  The commissioner
  periodically biennially shall review the indicators for the
  consideration of appropriate revisions.
         (a-1)  The indicators adopted by the commissioner under
  Subsection (a), including the indicators identified under
  Subsection (c), must measure and evaluate school districts, and
  campuses with respect to:
               (1)  improving student preparedness for success in:
                     (A)  subsequent grade levels; and
                     (B)  entering the workforce, the military, or
  postsecondary education;
               (2)  reducing, with the goal of eliminating, student
  academic achievement differentials among students from different
  racial and ethnic groups and socioeconomic backgrounds; and
               (3)  informing parents and the community regarding
  campus and district performance in the domains described by
  Subsection (c) and, for the domain described by Subsection (c)(5),
  in accordance with local priorities and preferences.
         (b)  Performance on the achievement indicators in the
  domains adopted under Subsections (c)(1)-(4), (2), and (3)(B)-(C)
  shall be compared to state-established standards.  To the extent
  feasible, the The indicators must be based on information that is
  disaggregated should allow for disaggregation by race, ethnicity,
  and socioeconomic status.
         (c)  School districts and campuses must be evaluated based on
  three five domains of indicators of achievement adopted under this
  section that include:
               (1)  in the student achievement first domain,
  indicators of student achievement that shall include the results
  of:
                     (A)  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:
                           (i)  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
                           (ii)  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
                     (B)  the results of assessment instruments
  required under Section 39.023(b), as applicable for the district
  and campus aggregated across grade levels by subject area,
  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;
                     (C)  the results of locally selected assessments,
  to the extent that alternative assessments are available under
  rules to be adopted by the commissioner;
                     (D)  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 51.3062(f)
  on an assessment instrument in reading or mathematics designated by
  the Texas Higher Education Coordinating Board under Section
  51.3062(c);
                           (ii)  students who satisfy standards on
  advanced placement assessments, college level examination program
  assessments, or similar assessments;
                           (iii)  students who earn the qualifying
  number of dual course credits;
                           (iv)  students who enlist in the armed
  forces of the United States;
                           (v)  students who earn a qualifying industry
  certification;
                           (vi)  students admitted into postsecondary
  industry certification programs that require as a prerequisite for
  entrance performance or attainment of secondary level success;
                           (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)  students' high school graduation
  rates, including completion 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.) except as
  provided by Subsections (g), (g-1), (g-2) and Section 39.054(f);
                           (x)  students who successfully complete the
  distinguished level of achievement under Section 28.025(b-7); and
                           (xi)  students who complete an associate
  level degree while enrolled in high school;
                     (E)  for evaluating the performance of middle
  school campuses and districts that serve students through the
  eighth grade, indicators that account for:
                           (i)  students who satisfy standards on
  advanced placement assessments, college admissions tests, or
  similar assessments; and
                           (ii)  students who drop out of school
  annually and do not return by a certain date, established in rules
  to be adopted by the commissioner, in the following school year; and
                     (F)  for evaluating the performance of campuses
  and districts that serve elementary, middle, and high school
  students, indicators that account for:
                           (i)  students who successfully complete fine
  arts, physical education, or second language acquisition courses or
  enrichment classes;
                           (ii)  students who participate in
  extra-curricular programs, such as UIL (academic, fine arts,
  athletic), clubs (foreign language, fine arts, chess, robotics,
  etc.), or other extra-curricular activities.
               (2)  in the school progress second domain, indicators
  that account for effectiveness in promoting student learning, which
  may include:
                     (A)  for assessment instruments, including
  assessment instruments under Subdivision (1)(A), (1)(B), and to the
  extent available, (1)(C), indicators that account for:
                           (i)     for the performance standard determined
  by the commissioner under Section 39.0241(a), the percentage of
  students who met the standard for annual improvement on the
  assessment instruments, as determined by the commissioner,
  including students who took English language proficiency
  assessments under Section 29.056(a)(2) and met the applicable
  standards for improvement; by rule or by the method for measuring
  annual improvement under Section 39.034, aggregated across grade
  levels by subject area; and
                           (ii)     for the college readiness performance
  standard as determined under Section 39.0241, the percentage of
  students who met the standard for annual improvement on the
  assessment instruments, as determined by the commissioner by rule
  or by the method for measuring annual improvement under Section
  39.034, aggregated across grade levels by subject area;
                     (B)  students identified under Section 29.052 who
  successfully exit the programs by meeting criteria under Section
  29.056(g) for assessment instruments under Subdivision (1)(B), the
  percentage of students who met the standard for annual improvement
  on the assessment instruments, as determined by the commissioner by
  rule or by the method for measuring annual improvement under
  Section 39.034, aggregated across grade levels by subject area;
                     (C)  students enrolled in grade 9 for the first
  time who have earned enough credits by the end of that school year
  for promotion to the next grade level;
                     (D)  students enrolled in grades 1 through 8 who,
  by the end of the school year, successfully complete curriculum
  requirements for advancement to the next grade level;
                     (E)  students who complete varied, rigorous and
  relevant curricular options that lead to postsecondary success,
  including completion of advanced placement courses or other similar
  courses;
                     (F)  for middle and high school campuses and
  districts that serve students in grades 6, 7, 8, 9, 10, 11, or 12,
  student participation rates in advanced placement, international
  baccalaureate, college admissions or preliminary college
  admissions assessments; and
                     (G)  the performance of a district or campus
  compared to similar districts or campuses; and
               (3)     in the third domain, the student academic
  achievement differentials among students from different racial and
  ethnic groups and socioeconomic backgrounds;
               (4)  in the fourth domain:
                     (A)     for evaluating the performance of high school
  campuses and districts that include high school campuses:
                           (i)     dropout rates, including dropout rates
  and district completion rates for grade levels 9 through 12,
  computed in accordance with standards and definitions adopted by
  the National Center for Education Statistics of the United States
  Department of Education;
                           (ii)     high school graduation rates, computed
  in accordance with standards and definitions adopted in compliance
  with the No Child Left Behind Act of 2001 (20 U.S.C. Section 6301 et
  seq.);
                           (iii)     the percentage of students who
  successfully completed the curriculum requirements for the
  distinguished level of achievement under the foundation high school
  program;
                           (iv)     the percentage of students who
  successfully completed the curriculum requirements for an
  endorsement under Section 28.025(c-1);
                           (v)     the percentage of students who
  completed a coherent sequence of career and technical courses;
                           (vi)     the percentage of students who satisfy
  the Texas Success Initiative (TSI) college readiness benchmarks
  prescribed by the Texas Higher Education Coordinating Board under
  Section 51.3062(f) on an assessment instrument in reading, writing,
  or mathematics designated by the Texas Higher Education
  Coordinating Board under Section 51.3062(c);
                           (vii)     the percentage of students who earn
  at least 12 hours of postsecondary credit required for the
  foundation high school program under Section 28.025 or to earn an
  endorsement under Section 28.025(c-1);
                           (viii)     the percentage of students who have
  completed an advanced placement course;
                           (ix)     the percentage of students who enlist
  in the armed forces of the United States; and
                           (x)     the percentage of students who earn an
  industry certification;
                     (B)     for evaluating the performance of middle and
  junior high school and elementary school campuses and districts
  that include those campuses:
                           (i)  student attendance; and
                           (ii)     for middle and junior high school
  campuses:
                                 (a)     dropout rates, computed in the
  manner described by Paragraph (A)(i); and
                                 (b)     the percentage of students in
  grades seven and eight who receive instruction in preparing for
  high school, college, and a career that includes information
  regarding the creation of a high school personal graduation plan
  under Section 28.02121, the distinguished level of achievement
  described by Section 28.025(b-15), each endorsement described by
  Section 28.025(c-1), college readiness standards, and potential
  career choices and the education needed to enter those careers; and
                     (C)     any additional indicators of student
  achievement not associated with performance on standardized
  assessment instruments determined appropriate for consideration by
  the commissioner in consultation with educators, parents, business
  and industry representatives, and employers; and
               (3) (5)  in the school climate fifth domain, indicators
  of school climate, which may include:
                     (A)  three programs or specific categories of
  performance related to community and student engagement locally
  selected and evaluated as provided by Section 39.0546, which shall
  comprise at least 50% of the domain rating;
                     (B)  students who successfully complete at least
  one endorsement under Section 28.025(c-1);
                     (C)  students who successfully complete a
  coherent sequence of career and technical courses or a coherent
  sequence of fine arts courses;
                     (D)  economically disadvantaged students who
  successfully complete a postsecondary readiness course;
                     (E)  students who are not absent 15 days or more
  during the school year. "Absent" in this subsection means that the
  students is not physically on school grounds and is not
  participating in instruction or instruction-related activities at
  an approved off-campus location for the school day, without regard
  to whether the absence is excused or unexcused;
                     (F)  teacher quality indicators as determined by
  the commissioner;
                     (G)  for elementary campuses serving kindergarten
  through fifth grade, student participation rates in literacy and
  mathematics academies;
                     (H)  for elementary campuses serving
  Pre-Kindergarten, student participation rates in full-day
  Pre-kindergarten programs;
                     (I)  health and wellness indicators as determined
  by the commissioner; and
                     (J)  results from a local evaluation of school or
  district climate, obtained through a uniform method of data
  collection adopted into rule by the commissioner, for all schools
  and districts in the state;
         (c-1)  An indicator adopted under Subsection (c) that would
  measure improvements in student, campus, or district progress in
  the school progress domain achievement cannot negatively affect the
  commissioner's review of a school district or campus if that
  district or campus is already achieving at the highest level for
  that indicator.
         (c-2)  The commissioner by rule shall determine a method by
  which a student's performance may be included in determining the
  performance rating of a school district or campus under Section
  39.054 if, before the student graduates, the student:
               (1)  satisfies the Texas Success Initiative (TSI)
  college readiness benchmarks prescribed by the Texas Higher
  Education Coordinating Board under Section 51.3062(f) on an
  assessment instrument designated by the Texas Higher Education
  Coordinating Board under Section 51.3062(c); or
               (2)  performs satisfactorily on an assessment
  instrument under Section 39.023(c), notwithstanding Subsection
  (d).
         (d)  For purposes of Subsection (c), the commissioner by rule
  shall determine the period within which a student must retake an
  assessment instrument for that assessment instrument to be
  considered in determining the performance rating of the district
  under Section 39.054.
         (d-1)  In aggregating results of assessment instruments
  across grade levels by subject in accordance with Subsection
  (c)(1)(A) the performance of a student enrolled below the high
  school level on an assessment instrument required under Section
  39.023(c) is included with results relating to other students
  enrolled at the same grade level.
         (e)  [Repealed by Acts 2015, 84th Leg., R.S., Ch. 1094 (H.B.
  2804), effective June 19, 2015.
         (f)  By September 30 annually, or as soon thereafter as
  possible Annually, the commissioner shall define the state standard
  for the current school year for each domain adopted under this
  section and evaluated under Section 39.054. In consultation with
  educators, parents, business and industry, as necessary, the
  commissioner shall establish and modify standards to continuously
  improve student performance to achieve the goals of eliminating
  achievement gaps based on race, ethnic and socioeconomic status and
  to ensure Texas is a national leader in preparing students for
  postsecondary success. achievement indicator described by
  Subsections (c)(1)-(4) and shall project the state standards for
  each indicator for the following two school years. The
  commissioner shall periodically raise the state standards for the
  college readiness achievement indicator described by Subsection
  (c)(1)(A)(ii) for accreditation as necessary to reach the goals of
  achieving, by not later than the 2019-2020 school year:
               (1)     student performance in this state, disaggregated
  by race, ethnicity, and socioeconomic status, that ranks nationally
  in the top 10 states in terms of college readiness; and
               (2)     student performance with no significant
  achievement gaps by race, ethnicity, and socioeconomic status.
         (g)  In the computation of a defining the required state
  standard for the dropout rate indicator described by graduation or
  completion rate such as a high school graduation rate under
  Subsections (c)(1)(D)(ix) (c)(4)(A)(i) and (B)(ii)(a), the
  commissioner may not consider as a dropout a student whose failure
  to attend school results from:
               (1)  the student's expulsion under Section 37.007; and
               (2)  as applicable:
                     (A)  adjudication as having engaged in delinquent
  conduct or conduct indicating a need for supervision, as defined by
  Section 51.03, Family Code; or
                     (B)  conviction of and sentencing for an offense
  under the Penal Code.
         (g-1)  In computing dropout and completion rates such as high
  school graduation or completion rates under Subsections
  (c)(1)(D)(ix) (c)(4)(A)(i) and (B)(ii)(a), the commissioner shall
  exclude:
               (1)  students who are ordered by a court to attend a
  high school equivalency certificate program but who have not yet
  earned a high school equivalency certificate;
               (2)  students who were previously reported to the state
  as dropouts, including a student who is reported as a dropout,
  reenrolls, and drops out again, regardless of the number of times of
  reenrollment and dropping out, unless the student graduates;
               (3)  students in attendance who are not in membership
  for purposes of average daily attendance;
               (4)  students whose initial enrollment in a school in
  the United States in grades 7 through 12 was as unschooled refugees
  or asylees as defined by Section 39.027(a-1);
               (5)  students whose initial enrollment in Texas public
  schools occurred in grades 11-12;
               (6)  students who are in the district exclusively as a
  function of having been detained at a county detention facility but
  are otherwise not students of the district in which the facility is
  located; and
               (7)  students who are incarcerated in state jails and
  federal penitentiaries as adults and as persons certified to stand
  trial as adults.
         (g-2)  In computing completion rates such as high school
  graduation rates under Subsection (c)(1)(D)(ix) (c)(2), the
  commissioner shall exclude students who:
               (1)  are at least 18 years of age as of September 1 of
  the school year as reported for the fall semester Public Education
  Information Management System (PEIMS) submission and have
  satisfied the credit requirements for high school graduation;
               (2)  have not completed their individualized education
  program under 19 T.A.C. Section 89.1070(b)(2) and the Individuals
  with Disabilities Education Act (20 U.S.C. Section 1400 et seq.);
  and
               (3)  are enrolled and receiving individualized
  education program services.
         (g-3)  In annually computing results under Section 39.053©,
  the commissioner shall exclude students who are newly enrolled in
  Texas public schools from the evaluation of results under Section
  39.054(a), as effective on September 1, 2017. The term "newly
  enrolled" in this subsection refers to students who transfer into
  Texas public schools from out of state or out of the country, and
  who have no prior history of enrollment within Texas public
  schools.
         (h)  Each school district shall cooperate with the agency in
  determining whether a student is a dropout for purposes of
  accreditation and evaluating performance by school districts and
  campuses under this chapter.
         (i)  Each school district shall submit the data required for
  the indicators adopted under this section, to the extent necessary
  for processing under Section 39.054.  The commissioner by rule
  shall adopt accountability measures to be used in assessing the
  progress of students who have failed to perform satisfactorily as
  determined by the commissioner under Section 39.0241(a) or under
  the college readiness standard as determined under Section 39.0241
  in the preceding school year on an assessment instrument required
  under Section 39.023(a), (c), or (l).
         SECTION 4.  Section 39.0531, Education Code, is added as
  follows:
         Sec. 39.0531.  STUDENT SURVEYS. (a) The commissioner may
  incorporate student surveys as an indicator under 39.053(c)(3).
         (b)  The commissioner may develop rules to implement this
  section, including rules:
               (1)  determining the format of student surveys;
               (2)  determining the questions that student surveys
  must include;
               (3)  establishing when student surveys must be
  conducted;
               (4)  establishing requirements and parameters for
  administering and reporting results of the student surveys; and
               (5)  authorizing school districts and open enrollment
  charter schools to administer the student surveys or include the
  required survey questions in a locally administered student survey.
         (c)  Notwithstanding any other provision including Section
  21.355, school districts and open enrollment charter schools shall
  report the information required under this section to the agency in
  accordance with rules adopted under subsection (b).
         (d)  The commissioner may contract with a third party to
  fulfill any and all functions under this section.
         (e)  The commissioner shall determine the feasibility of
  incorporating student surveys for use in the accountability ratings
  by the 2021-2022 school year, by piloting the use of such surveys in
  the 2018-2019 school year and reporting the results of such surveys
  in the 2019-2020 and 2020-2021 school years. This subsection
  expires September 1, 2022.
         SECTION 5.  Section 39.054, Education Code, is amended as
  follows:
         Sec. 39.054.  METHODS AND STANDARDS FOR EVALUATING
  PERFORMANCE.
         (a)  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 Sections 39.0 53(c)(1)-(3) (4). An
  overall or domain performance rating of A reflects exemplary
  performance. An overall or domain performance rating of B reflects
  recognized performance. An overall or domain performance rating of
  C reflects acceptable performance. An overall or domain
  performance rating of D reflects performance in need of
  improvement. A domain performance rating of or F reflects
  unacceptable performance. A district may not receive 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.
  A reference in law to an acceptable rating or acceptable
  performance includes an overall or domain performance rating of A,
  B, or C or D, or exemplary, recognized, or acceptable or needs
  improvement performance.
         (a-1)  In assigning ratings under Subsection (a):
               (1)  the commissioner may adjust the performance rating
  for a domain disaggregated by race, ethnicity, socioeconomic
  status, or other factors;
               (2)  the weight given to the indicators in Section
  39.053(c)(1)(A) and (B), combined, may not be greater than 50
  percent of the total weight in assigning a rating to the student
  achievement domain under Section 39.053(c)(1); and
               (3)  the weight given to the indicators in Section
  39.053(c)(2)(A) may not be greater than 50 percent of the total
  weight in assigning a rating to the student progress domain under
  Section 39.053(c)(2).
         If the commissioner determines a domain rating adjustment is
  needed, the adjustment is limited to one and only one letter grade
  change.
  For purposes of assigning an overall performance rating under
  Subsection (a), the commissioner shall attribute:
               (1)     55 percent of the performance evaluation to the
  achievement indicators for the first, second, and third domains
  under Sections 39.053(c)(1)-(3);
               (2)     for middle and junior high school and elementary
  campuses and districts that include only those campuses, 35 percent
  of the performance evaluation to the applicable achievement
  indicators for the fourth domain under Section 39.053(c)(4);
               (3)     for high school campuses and districts that
  include those campuses:
                     (A)     10 percent of the performance evaluation to
  the high school graduation rate achievement indicator described by
  Section 39.053(c)(4)(A)(ii); and
                     (B)     25 percent to the remaining applicable
  achievement indicators for the fourth domain under Section
  39.053(c)(4); and
               (4)     10 percent of the performance evaluation to the
  locally selected and evaluated achievement indicators provided for
  under the fifth domain under Section 39.053(c)(5).
         (a-2)  For purposes of evaluating the performance of a school
  or district under Subsection (a), to the extent feasible, the
  commissioner shall give greater weight to the results of students
  who have been enrolled for at least four consecutive years in the
  same school or district. The commissioner by rule shall adopt
  procedures to ensure that a repeated performance rating of D or F or
  unacceptable in one domain, particularly performance that is not
  significantly improving, is reflected in the overall performance
  rating of a district or campus and is not compensated for by a
  performance rating of A, B, or C in another domain.
         (a-3)  Not later than August 15 of each year, the performance
  ratings of each district and campus shall be made publicly
  available as provided by rules adopted under this section. If a
  district or campus received an overall or domain performance rating
  of D or F for the preceding school year, the commissioner shall
  notify the district of a subsequent such designation on or before
  June 15 or as soon thereafter as is practicable.
         (b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1094, Sec.
  22, eff. June 19, 2015.
         (b-1)  Consideration of the effectiveness of district
  programs under Section 39.052(b)(2)(B) or (C):
               (1)  must:
                     (A)  be based on data collected through the Public
  Education Information Management System (PEIMS) for purposes of
  accountability under this chapter; and
                     (B)  include the results of assessments required
  under Section 39.023; and
               (2)  may be based on the results of a special
  accreditation investigation conducted under Section 39.057.
         (c)  In evaluating school district and campus performance on
  the achievement indicators for student performance on assessment
  instruments adopted under Sections 39.053(c)(1)(A)-(B) and
  39.053(c)(1)(D)(x) and in the school progress domain under Section
  39.053(c)(2)(A)(2) and the dropout rate indicator adopted under
  Sections 39.053(c)(4)(A)(i) and (B)(ii)(a), the commissioner shall
  evaluate define acceptable performance as meeting the state
  standard determined by the commissioner under Section 39.053(f) for
  the current school year based on:
               (1)  student performance in the current school
  year; or
               (2)  when necessary to address small numbers of records
  available to use in the calculations, student performance as
  averaged over the current school year and the preceding two school
  years.
         (d)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1094, Sec.
  22, eff. June 19, 2015.
         (d-1)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1094, Sec.
  22, eff. June 19, 2015.
         (e)  Each annual performance review under this section shall
  include an analysis of the domains student achievement indicators
  adopted under Section 39.053, including Subsections
  39.053(c)(1)-(3),(4) to determine school district and campus
  performance in relation to standards established for each domain
  indicator.
         (f)  In the computation of dropout rates and completion rates
  such as high school graduation rates under Sections
  39.053(c)(1)(D)(ix)(c)(4)(A)(i) and (B)(ii)(a), a student who is
  released from a juvenile pre-adjudication secure detention
  facility or juvenile post-adjudication secure correctional
  facility and fails to enroll in school or a student who leaves a
  residential treatment center after receiving treatment for fewer
  than 85 days and fails to enroll in school may not be considered to
  have dropped out from the school district or campus serving the
  facility or center unless that district or campus is the one to
  which the student is regularly assigned. The agency may not limit an
  appeal relating to dropout computations under this subsection.
         SECTION 6.  Section 39.0541, Education Code, is added as
  follows:
         Sec. 39.0541.  ADOPTION OF INDICATORS AND STANDARDS. (a)  
  The commissioner may adopt rules to implement this chapter.
         (b)  The commissioner shall adopt indicators and standards
  under this chapter at any time prior to September 30 of the same
  school year in which the evaluation of a school district or campus
  will take place.
         SECTION 7.  Section 39.0546, Education Code, is amended as
  follows:
         Sec. 39.0546.  PERFORMANCE IN COMMUNITY AND STUDENT
  ENGAGEMENT AS COMPONENT OF OVERALL DISTRICT AND CAMPUS RATING.  (a)  
  For purposes of including the local evaluation of districts and
  campuses under Section 39.053(c)(3)(A)(5) and assigning an overall
  rating under Section 39.054, before the beginning of each school
  year:
               (1)  each school district shall:
                     (A)  select and report to the agency three
  programs or categories under Section 39.0545(b)(1), as added by
  Chapter 211 (H.B. 5), Acts of the 83rd Legislature, Regular
  Session, 2013, under which the district will evaluate district
  performance;
                     (B)  submit to the agency the criteria the
  district will use to evaluate district performance and assign the
  district a performance rating; and
                     (C)  make the information described by Paragraphs
  (A) and (B) available on the district's Internet website; and
               (2)  each campus shall:
                     (A)  select and report to the agency three
  programs or categories under Section 39.0545(b)(1), as added by
  Chapter 211 (H.B. 5), Acts of the 83rd Legislature, Regular
  Session, 2013, under which the campus will evaluate campus
  performance;
                     (B)  submit to the agency the criteria the campus
  will use to evaluate campus performance and assign the campus a
  performance rating; and
                     (C)  make the information described by Paragraphs
  (A) and (B) available on the Internet website of the campus.
         (b)  Based on the evaluation under this section, each school
  district shall assign the district and each campus shall assign the
  campus a performance rating of A, B, C, D, or F, for both overall
  performance and for each program or category evaluated. An overall
  or a program or category performance rating of A reflects exemplary
  performance. An overall or a program or category performance rating
  of B reflects recognized performance. An overall or a program or
  category performance rating of C reflects acceptable performance.
  An overall or a program or category performance rating of D reflects
  performance in need of improvement. An overall or a program or
  category performance rating of or F reflects unacceptable
  performance.
         (c)  On or before the date determined by the commissioner by
  rule, each school district and campus shall report each performance
  rating to the agency for the purpose of including the ratings in
  evaluating school district and campus performance and assigning an
  overall rating the school climate domain under Sections
  39.053(c)(3) and 39.054.
         SECTION 8.  Section 39.0548, Education Code, is amended as
  follows:
         Sec. 39.0548.  EVALUATING DROPOUT RECOVERY SCHOOLS. (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 1517
  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.
         (b)  Notwithstanding Section 39.053(c)(1)(D)(ix) the
  commissioner shall use the alternative completion rate under this
  subsection to determine the dropout graduation rate indicator under
  Section 39.053(c)(1)(D)(ix) (c)(4)(A)(i) for a dropout recovery
  school. The alternative completion rate shall be the ratio of the
  total number of students who graduate, continue attending school
  into the next academic year, or receive a high school equivalency
  certificate to the total number of students in the longitudinal
  cohort of students.
         (c)  Notwithstanding Section 39.053(c)(1)(D)(ix)
  (c)(4)(A)(i), in determining the performance rating under Section
  39.054 of a dropout recovery school, the commissioner shall include
  any student described by Section 39.053(g-1) who graduates or
  receives a high school equivalency certificate.
         (d)  Notwithstanding Section 39.053(c), for purposes of
  evaluating a dropout recovery school under the accountability
  procedures adopted by the commissioner to determine the performance
  rating of the school under Section 39.054:
               (1)  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; and
               (2)  only a student enrolled continuously for at least
  90 days during the school year evaluated may be considered.
         SECTION 9.  The indicator measures and domains established
  under Section 39.053, as revised, shall be evaluated under the
  procedures in Section 39.054, as revised, beginning in August 2019.
         SECTION 10.  (a)  No later than December 1, 2017, the
  commissioner shall prepare a report to the governor, lieutenant
  governor, speaker of the House, and the chairs of the Senate
  committee on education and the House committee on public education
  that, to the greatest extent possible, describes and lists the
  ratings that would be assigned to each school and district under
  Section 39.054, if the domains and indicators described in Section
  39.053 in August, 2018, were in place in August, 2017, using
  available data from no later than the 2017-2018 school year. The
  report shall include information about the extent to which ratings
  under Section 39.054 correlate with student demographic
  characteristics, including economic status, continuously enrolled
  status, identification as a student with limited English
  proficiency under Section 29.052, and identification for special
  education under Section 29.003(b).
         (b)  No later than December 1, 2018, the commissioner shall
  prepare a report to the governor, lieutenant governor, speaker of
  the House, and the chairs of the Senate committee on education and
  the House committee on public education that, to the greatest
  extent possible, describes and lists the ratings that would be
  assigned to each school and district under Section 39.054, if the
  domains and indicators described in Section 39.053 in August, 2019,
  were in place in August, 2018, using available data from no later
  than the 2017-2018 school year. The report shall include
  information about the extent to which ratings under Section 39.054
  correlate with student demographic characteristics, including
  economic status, continuously enrolled status, identification as a
  student with limited English proficiency under Section 29.052, and
  identification for special education under Section 29.003(b).
         (c)  This section expires on December 1, 2019.
         SECTION 11.  This Act takes effect September 1, 2017.