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.