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AN ACT
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relating to the public school 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(b), Education Code, is amended to |
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read as follows: |
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(b) Performance on the achievement indicators adopted under |
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Subsections (c)(1)-(4) shall be compared to state-established |
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standards. To the extent feasible, the [The] indicators should |
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allow for disaggregation [must be based on information that is
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disaggregated] by race, ethnicity, and socioeconomic status. |
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SECTION 2. Section 39.053, Education Code, is amended by |
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amending Subsection (c) and adding Subsections (c-4) and (g-3) to |
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read as follows: |
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(c) School districts and campuses must be evaluated based on |
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five domains of indicators of achievement adopted under this |
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section that include: |
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(1) in the first domain, the results of: |
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(A) assessment instruments required under |
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Sections 39.023(a), (c), and (l), including the results of |
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assessment instruments required for graduation retaken by a |
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student, aggregated across grade levels by subject area, including: |
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(i) for the performance standard determined |
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by the commissioner under Section 39.0241(a), the percentage of |
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students who performed satisfactorily on the assessment |
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instruments, aggregated across grade levels by subject area; and |
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(ii) for the college readiness performance |
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standard as determined under Section 39.0241, the percentage of |
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students who performed satisfactorily on the assessment |
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instruments, aggregated across grade levels by subject area; and |
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(B) assessment instruments required under |
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Section 39.023(b), aggregated across grade levels by subject area, |
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including the percentage of students who performed satisfactorily |
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on the assessment instruments, as determined by the performance |
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standard adopted by the agency, aggregated across grade levels by |
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subject area; |
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(2) in the second domain: |
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(A) for assessment instruments under Subdivision |
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(1)(A): |
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(i) for the performance standard determined |
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by the commissioner under Section 39.0241(a), the percentage of |
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students who met the standard for annual improvement on the |
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assessment instruments, as determined by the commissioner by rule |
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or by the method for measuring annual improvement under Section |
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39.034, aggregated across grade levels by subject area; and |
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(ii) for the college readiness performance |
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standard as determined under Section 39.0241, the percentage of |
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students who met the standard for annual improvement on the |
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assessment instruments, as determined by the commissioner by rule |
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or by the method for measuring annual improvement under Section |
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39.034, aggregated across grade levels by subject area; and |
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(B) for assessment instruments under Subdivision |
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(1)(B), the percentage of students who met the standard for annual |
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improvement on the assessment instruments, as determined by the |
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commissioner by rule or by the method for measuring annual |
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improvement under Section 39.034, aggregated across grade levels by |
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subject area; |
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(3) in the third domain, the student academic |
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achievement differentials among students from different racial and |
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ethnic groups and socioeconomic backgrounds; |
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(4) in the fourth domain: |
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(A) for evaluating the performance of high school |
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campuses and districts that include high school campuses: |
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(i) dropout rates, including dropout rates |
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and district completion rates for grade levels 9 through 12, |
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computed in accordance with standards and definitions adopted by |
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the National Center for Education Statistics of the United States |
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Department of Education; |
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(ii) 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 [No Child Left Behind Act of
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2001] (20 U.S.C. Section 6301 et seq.); |
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(iii) the percentage of students who |
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successfully completed the curriculum requirements for the |
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distinguished level of achievement under the foundation high school |
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program; |
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(iv) the percentage of students who |
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successfully completed the curriculum requirements for an |
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endorsement under Section 28.025(c-1); |
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(v) the percentage of students who |
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completed a coherent sequence of career and technical or fine arts |
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courses; |
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(vi) the percentage of students who satisfy |
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the Texas Success Initiative (TSI) college readiness benchmarks |
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prescribed by the Texas Higher Education Coordinating Board under |
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Section 51.3062(f) on an assessment instrument in reading, writing, |
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or mathematics designated by the Texas Higher Education |
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Coordinating Board under Section 51.3062(c); |
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(vii) the percentage of students who earn |
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at least 12 hours of postsecondary credit required for the |
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foundation high school program under Section 28.025 or to earn an |
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endorsement under Section 28.025(c-1); |
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(viii) the percentage of students who have |
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completed an advanced placement or international baccalaureate |
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course; |
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(ix) the percentage of students who enlist |
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in the armed forces of the United States; [and] |
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(x) the percentage of students who earn an |
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industry certification; |
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(xi) the percentage of students who |
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successfully completed an OnRamps dual enrollment course; |
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(xii) the percentage of students who have |
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received credit by examination; |
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(xiii) the percentage of students who have |
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been promoted to higher grade levels than the grade levels to which |
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the students would ordinarily be assigned; |
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(xiv) the percentage of students who have |
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earned a diploma after not more than three years of high school |
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attendance; and |
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(xv) the percentage of students who earn an |
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associate degree; |
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(B) for evaluating the performance of middle and |
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junior high school and elementary school campuses and districts |
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that include those campuses: |
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(i) student attendance; [and] |
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(ii) for middle and junior high school |
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campuses: |
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(a) dropout rates, computed in the |
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manner described by Paragraph (A)(i); [and] |
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(b) the percentage of students in |
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grades seven and eight who receive instruction in preparing for |
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high school, college, and a career that includes information |
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regarding the creation of a high school personal graduation plan |
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under Section 28.02121, the distinguished level of achievement |
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described by Section 28.025(b-15), each endorsement described by |
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Section 28.025(c-1), college readiness standards, and potential |
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career choices and the education needed to enter those careers; and |
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(c) the percentage of students in |
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grades seven and eight who complete a pre-advanced placement course |
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or pre-international baccalaureate course; and |
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(iii) the percentage of students who |
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participate in a University Interscholastic League A+ academic |
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event; and |
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(C) any additional indicators of student |
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achievement not associated with performance on standardized |
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assessment instruments determined appropriate for consideration by |
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the commissioner in consultation with educators, parents, business |
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and industry representatives, and employers; and |
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(5) in the fifth domain, three programs or specific |
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categories of performance related to community and student |
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engagement locally selected and evaluated as provided by Section |
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39.0546. |
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(c-4) For purposes of evaluating the performance of a |
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district or campus under Subsection (c), the commissioner shall |
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determine a method by which the performance of a student is |
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attributed greater weight for each school year a student has been |
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continuously enrolled in the school district or at the campus, as |
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applicable. |
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(g-3) The commissioner shall adopt rules for computing the |
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percentage of students participating in a University |
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Interscholastic League A+ academic event under Subsection |
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(c)(4)(B)(iii). |
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SECTION 3. Sections 39.054(a) and (a-1), Education Code, as |
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effective September 1, 2017, are amended to read as follows: |
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(a) The commissioner shall adopt rules to evaluate school |
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district and campus performance and assign each district and campus |
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an overall performance rating of A, B, C, D, or F. In addition to the |
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overall performance rating, the commissioner shall assign each |
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district and campus a separate domain performance rating of A, B, C, |
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D, or F for each applicable domain under Sections 39.053(c)(1)-(4). |
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An overall or domain performance rating of A reflects exemplary |
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performance. An overall or domain performance rating of B reflects |
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recognized performance. An overall or domain performance rating of |
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C reflects acceptable performance. An overall or domain |
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performance rating of D reflects performance that needs |
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improvement. An overall or domain performance rating of [or] F |
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reflects unacceptable performance. A district may not receive an |
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overall or domain performance rating of A if the district includes |
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any campus with a corresponding overall or domain performance |
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rating of [D or] F. A reference in law to an acceptable rating or |
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acceptable performance includes an overall or domain performance |
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rating of A, B, [or] C, or D or performance that is exemplary, |
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recognized, or acceptable or needs improvement [performance]. |
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(a-1) In [For purposes of] assigning [an overall] |
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performance ratings [rating] under Subsection (a), the |
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commissioner may adjust the overall performance rating of a |
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district or campus if the performance of the district or campus |
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under the indicators described by Section 39.053(c), based on |
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information disaggregated by race, ethnicity, socioeconomic |
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status, or other factors, does not meet standards established by |
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the commissioner. The commissioner shall [attribute]: |
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(1) attribute 55 percent of the performance evaluation |
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to the achievement indicators for the first, second, and third |
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domains under Sections 39.053(c)(1)-(3), provided that the |
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commissioner shall consider either the district's or campus's |
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performance rating under the first domain or the second domain, |
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whichever performance rating is higher, unless the district or |
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campus received a performance rating of F in either domain, in which |
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case the district or campus may not be assigned an overall |
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performance rating higher than B; |
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(2) for middle and junior high school and elementary |
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campuses and districts that include only those campuses, attribute |
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35 percent of the performance evaluation to the applicable |
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achievement indicators for the fourth domain under Section |
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39.053(c)(4); |
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(3) for high school campuses and districts that |
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include those campuses, attribute: |
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(A) 10 percent of the performance evaluation to |
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the high school graduation rate achievement indicator described by |
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Section 39.053(c)(4)(A)(ii); and |
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(B) 25 percent to the remaining applicable |
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achievement indicators for the fourth domain under Section |
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39.053(c)(4); and |
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(4) attribute 10 percent of the performance evaluation |
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to the locally selected and evaluated achievement indicators |
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provided for under the fifth domain under Section 39.053(c)(5). |
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SECTION 4. Subchapter E, Chapter 39, Education Code, is |
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amended by adding Section 39.101 to read as follows: |
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Sec. 39.101. NEEDS IMPROVEMENT RATING. (a) Notwithstanding |
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any other law, if a school district or campus is assigned an overall |
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or domain performance rating of D: |
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(1) the commissioner shall order the district or |
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campus to develop and implement a targeted improvement plan |
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approved by the board of trustees of the district; and |
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(2) the interventions and sanctions provided by this |
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subchapter based on failure to satisfy performance standards under |
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Section 39.054(e) apply to the district or campus only as provided |
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by this section. |
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(b) The interventions and sanctions provided by this |
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subchapter based on failure to satisfy performance standards under |
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Section 39.054(e) apply to a district or campus ordered to develop |
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and implement a targeted improvement plan under Subsection (a) only |
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if the district or campus is assigned an overall or domain |
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performance rating of F, including the assignment of a performance |
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rating of F in the manner provided by Subsection (c) or (d). |
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(c) If a school district or campus is assigned an overall |
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performance rating of D for two consecutive school years after the |
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district or campus is ordered to develop and implement a targeted |
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improvement plan under Subsection (a), the commissioner shall |
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assign that district or campus an overall performance rating of F |
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for the following school year unless, based on the performance of |
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the district or campus in that following school year, the |
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commissioner determines that the district or campus should be |
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assigned a performance rating of C or higher. |
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(d) If a district or campus is assigned a domain performance |
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rating of D for the same domain for two consecutive school years |
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after the district or campus is ordered to develop and implement a |
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targeted improvement plan under Subsection (a), the commissioner |
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shall assign that district or campus a domain performance rating of |
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F for that domain for the following school year unless, based on the |
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performance of the district or campus in that following school |
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year, the commissioner determines the district or campus should be |
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assigned a performance rating of C or higher in that domain. |
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(e) The commissioner shall adopt rules as necessary to |
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implement this section. |
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SECTION 5. Section 39.107, Education Code, is amended by |
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adding Subsections (b-10) and (b-11) to read as follows: |
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(b-10) Not later than June 15 of each year, the commissioner |
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shall, in writing, either approve or reject any campus turnaround |
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plan prepared and submitted to the commissioner by a district. If |
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the commissioner rejects a campus turnaround plan, the commissioner |
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must also send the district an outline of the specific concerns |
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regarding the turnaround plan that resulted in the rejection. |
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(b-11) If the commissioner rejects a campus turnaround |
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plan, the district must create a modified plan with assistance from |
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agency staff and submit the modified plan to the commissioner for |
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approval not later than the 60th day after the date the commissioner |
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rejects the campus turnaround plan. The commissioner shall notify |
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the district in writing of the commissioner's decision regarding |
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the modified plan not later than the 15th day after the date the |
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commissioner receives the modified plan. |
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SECTION 6. Section 12A.001(b), Education Code, is amended |
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to read as follows: |
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(b) A school district is eligible for designation as a |
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district of innovation only if the district's most recent overall |
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performance rating under Section 39.054 is exemplary, recognized, |
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or acceptable as reflected by an overall [reflects at least
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acceptable] performance rating of A, B, or C. |
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SECTION 7. Section 12A.001(b), Education Code, as amended |
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by this Act, applies only to a school district designated as a |
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district of innovation on or after the effective date of this Act. |
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SECTION 8. This Act applies beginning with the 2017-2018 |
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school year. |
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SECTION 9. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1500 was passed by the House on May 3, |
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2017, by the following vote: Yeas 145, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1500 on May 26, 2017, by the following vote: Yeas 143, Nays 0, |
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2 present, not voting, and that the House adopted S.C.R. No. 62 |
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authorizing certain corrections in H.B. No. 1500 on May 29, 2017, by |
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the following vote: Yeas 141, Nays 3, 2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1500 was passed by the Senate, with |
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amendments, on May 24, 2017, by the following vote: Yeas 31, Nays |
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0, and that the Senate adopted S.C.R. No. 62 authorizing certain |
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corrections in H.B. No. 1500 on May 29, 2017, by the following vote: |
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Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |