Bill Text: TX HB22 | 2017-2018 | 85th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to public school accountability.

Spectrum: Moderate Partisan Bill (Republican 10-3)

Status: (Passed) 2017-06-15 - Effective immediately [HB22 Detail]

Download: Texas-2017-HB22-Engrossed.html

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By: Huberty, Bonnen of Brazoria, H.B. No. 22
King of Hemphill, Meyer, Bernal, et al.

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 11.252(a), Education Code, is amended to
read as follows:
(a) Each school district shall have a district improvement
plan that is developed, evaluated, and revised annually, in
accordance with district policy, by the superintendent with the
assistance of the district-level committee established under
Section 11.251. The purpose of the district improvement plan is to
guide district and campus staff in the improvement of student
performance for all student groups in order to attain state
standards in respect to the domain [achievement] indicators adopted
under Section 39.053(c), other than the indicators that are locally
evaluated under Sections 39.053(c)(3)(A)(i) and (ii) [Sections
39.053(c)(1)-(4)]. The district improvement plan must include
provisions for:
(1) a comprehensive needs assessment addressing
district student performance on the achievement indicators, and
other appropriate measures of performance, that are disaggregated
by all student groups served by the district, including categories
of ethnicity, socioeconomic status, sex, and populations served by
special programs, including students in special education programs
under Subchapter A, Chapter 29;
(2) measurable district performance objectives for
all appropriate achievement indicators for all student
populations, including students in special education programs
under Subchapter A, Chapter 29, and other measures of student
performance that may be identified through the comprehensive needs
assessment;
(3) strategies for improvement of student performance
that include:
(A) instructional methods for addressing the
needs of student groups not achieving their full potential;
(B) methods for addressing the needs of students
for special programs, including:
(i) suicide prevention programs, in
accordance with Subchapter O-1, Chapter 161, Health and Safety
Code, which includes a parental or guardian notification procedure;
(ii) conflict resolution programs;
(iii) violence prevention programs; and
(iv) dyslexia treatment programs;
(C) dropout reduction;
(D) integration of technology in instructional
and administrative programs;
(E) discipline management;
(F) staff development for professional staff of
the district;
(G) career education to assist students in
developing the knowledge, skills, and competencies necessary for a
broad range of career opportunities; and
(H) accelerated education;
(4) strategies for providing to middle school, junior
high school, and high school students, those students' teachers and
school counselors, and those students' parents information about:
(A) higher education admissions and financial
aid opportunities;
(B) the TEXAS grant program and the Teach for
Texas grant program established under Chapter 56;
(C) the need for students to make informed
curriculum choices to be prepared for success beyond high school;
and
(D) sources of information on higher education
admissions and financial aid;
(5) resources needed to implement identified
strategies;
(6) staff responsible for ensuring the accomplishment
of each strategy;
(7) timelines for ongoing monitoring of the
implementation of each improvement strategy;
(8) formative evaluation criteria for determining
periodically whether strategies are resulting in intended
improvement of student performance; and
(9) the policy under Section 38.0041 addressing sexual
abuse and other maltreatment of children.
SECTION 2. Section 11.253(c), Education Code, is amended to
read as follows:
(c) Each school year, the principal of each school campus,
with the assistance of the campus-level committee, shall develop,
review, and revise the campus improvement plan for the purpose of
improving student performance for all student populations,
including students in special education programs under Subchapter
A, Chapter 29, with respect to the relevant domain [achievement]
indicators adopted under Section 39.053(c) [Sections
39.053(c)(1)-(4)] and any other appropriate performance measures
for special needs populations.
SECTION 3. Section 12.1013(c), Education Code, is amended
to read as follows:
(c) The report must include the performance of each public
school in each class described by Subsection (b) as measured by the
domain [achievement] indicators adopted under Section 39.053(c)
[Sections 39.053(c)(1)-(4)] and student attrition rates.
SECTION 4. Section 12.115(c), Education Code, is amended to
read as follows:
(c) The commissioner shall revoke the charter of an
open-enrollment charter school if:
(1) the charter holder has been assigned an
unacceptable performance rating for the school progress domain
under Section 39.053(c)(2) [under Subchapter C, Chapter 39,] for
the three preceding school years;
(2) the charter holder has been assigned a financial
accountability performance rating under Subchapter D, Chapter 39,
indicating financial performance lower than satisfactory for the
three preceding school years; or
(3) the charter holder has been assigned any
combination of the ratings described by Subdivision (1) or (2) for
the three preceding school years.
SECTION 5. Sections 12A.008(a) and (c), Education Code, are
amended to read as follows:
(a) The commissioner may terminate a district's designation
as a district of innovation if the district receives for two
consecutive school years:
(1) an unacceptable [academic] performance rating for
the school progress domain under Section 39.053(c)(2) [under
Section 39.054];
(2) an unacceptable financial accountability rating
under Section 39.082; or
(3) an unacceptable [academic] performance rating for
the school progress domain under Section 39.053(c)(2) [under
Section 39.054] for one of the school years and an unacceptable
financial accountability rating under Section 39.082 for the other
school year.
(c) The commissioner shall terminate a district's
designation as a district of innovation if the district receives
for three consecutive school years:
(1) an unacceptable [academic] performance rating for
the school progress domain under Section 39.053(c)(2) [under
Section 39.054];
(2) an unacceptable financial accountability rating
under Section 39.082; or
(3) any combination of one or more unacceptable
ratings under Subdivision (1) and one or more unacceptable ratings
under Subdivision (2).
SECTION 6. The heading to Section 13.054, Education Code,
is amended to read as follows:
Sec. 13.054. [ACADEMICALLY UNACCEPTABLE] SCHOOL DISTRICTS
RATED UNACCEPTABLE.
SECTION 7. Sections 13.054(a), (b), and (d), Education
Code, are amended to read as follows:
(a) The commissioner by order may annex to one or more
adjoining districts a school district that has been rated as
[academically] unacceptable for the school progress domain under
Section 39.053(c)(2) for a period of two years.
(b) The governing board of a district to which territory of
an [academically] unacceptable district is annexed under
Subsection (a) is the governing board for the new district.
(d) Title to the real property of the [academically]
unacceptable district subject to Subsection (a) vests in the
district to which the property is annexed. Each district to which
territory is annexed assumes and is liable for any portion of the
[academically] unacceptable district's indebtedness that is
allocated to the receiving district under Section 13.004.
SECTION 8. Section 29.062(a), Education Code, is amended to
read as follows:
(a) The legislature recognizes that compliance with this
subchapter is an imperative public necessity. Therefore, in
accordance with the policy of the state, the agency shall evaluate
the effectiveness of programs under this subchapter based on the
domain [achievement] indicators adopted under Section 39.053(c)
[Sections 39.053(c)(1)-(4)], including the results of assessment
instruments. The agency may combine evaluations under this section
with federal accountability measures concerning students of
limited English proficiency.
SECTION 9. Section 29.202(a), Education Code, is amended to
read as follows:
(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 assigned an unacceptable
performance rating that is made publicly available under Section
39.054 for:
(1) the student achievement domain under Section
39.053(c)(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]; and [or]
(2) the school progress domain under Section
39.053(c)(2) [that, at any time in the preceding three years,
failed to satisfy any standard under Section 39.054(e)].
SECTION 10. Section 29.918, Education Code, is amended by
adding Subsections (d), (e), and (f) to read as follows:
(d) A school district or open-enrollment charter school to
which this section applies shall, in its plan submitted under
Subsection (a):
(1) design a dropout recovery plan that includes
career and technology education courses or technology applications
courses that lead to industry or career certification;
(2) integrate into the dropout recovery plan research
based strategies to assist students in becoming able academically
to pursue postsecondary education, including:
(A) high quality, college readiness instruction
with strong academic and social supports;
(B) secondary to postsecondary bridging that
builds college readiness skills, provides a plan for college
completion, and ensures transition counseling; and
(C) information concerning appropriate supports
available in the first year of postsecondary enrollment to ensure
postsecondary persistence and success, to the extent funds are
available for the purpose; and
(3) plan to offer advanced academic and transition
opportunities, including dual credit courses and college
preparatory courses, such as advanced placement courses.
(e) A school district to which this section applies may
enter into a partnership with a public junior college in accordance
with Section 29.402 in order to fulfill a plan submitted under
Subsection (a).
(f) Any program designed to fulfill a plan submitted under
Subsection (a) must comply with the requirements of Sections
29.081(e) and (f).
SECTION 11. Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.0211 to read as follows:
Sec. 39.0211. RULES. (a) The commissioner may adopt rules
as necessary to administer this chapter.
(b) In adopting a rule under this chapter, the commissioner
shall solicit input statewide from persons who would likely be
affected by the proposed rule, including school district boards of
trustees, administrators and teachers employed by school
districts, parents of students enrolled in school districts, and
other interested stakeholders.
SECTION 12. Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.040 to read as follows:
Sec. 39.040. APPLICABILITY OF LAWS TO ADVISORY COMMITTEES.
Chapter 2110, Government Code, does not apply to an advisory
committee created under this chapter.
SECTION 13. Section 39.052(b), Education Code, is amended
to read as follows:
(b) In determining the accreditation status of a school
district, the commissioner:
(1) shall evaluate and consider:
(A) performance on the domain [achievement]
indicators adopted under [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 14. Section 39.053, Education Code, is amended by
amending Subsections (a), (a-1), (b), (c), (c-1), (d-1), (f), (g),
(g-1), (g-2), and (i) and adding Subsections (c-3), (c-4), and
(g-4) to read as follows:
(a) The commissioner shall adopt a set of indicators of the
quality of learning and achievement, including the indicators in
each domain under Subsection (c). 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) Except for the indicators that are locally evaluated
under Subsection (c)(3)(A), performance [Performance] on the
[achievement] indicators in each domain adopted under Subsection
(c) [Subsections (c)(1)-(4)] shall be compared to
state-established standards. To the extent feasible, the [The]
indicators must be based on information that is disaggregated 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 must include [the results
of]:
(A) for evaluating the performance of districts
and campuses generally, indicators that account for:
(i) the results of assessment instruments
required under Sections 39.023(a), (c), and (l), as applicable for
the district and campus, including the results of assessment
instruments required for graduation retaken by a student,
aggregated across grade levels by subject area, including:
(a) [(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
(b) [(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]
(ii) [(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;
(iii) the results of locally selected
assessment instruments, including the percentage of students who
performed satisfactorily on the assessment instruments, as
determined by the performance standard adopted by the commissioner,
to the extent that alternative assessments are available under
rules adopted by the commissioner;
(iv) students who successfully complete
courses in fine arts, physical education, or a language other than
English or other courses included in the enrichment curriculum
under Section 28.002(a)(2); and
(v) students who participate in
extracurricular activities, including University Interscholastic
League activities such as academic, fine arts, and athletic events
and foreign language, chess, and robotics clubs;
(B) for evaluating the performance of high school
campuses and districts that include high school campuses,
indicators that account for:
(i) students who satisfy the Texas Success
Initiative (TSI) college readiness benchmarks prescribed by the
Texas Higher Education Coordinating Board under Section 51.3062(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 performance
standards as determined by the commissioner on advanced placement
tests, international baccalaureate examinations, college entrance
examinations, or similar assessment instruments;
(iii) students who successfully complete a
dual credit course that satisfies a requirement under the
foundation high school program;
(iv) students who enlist in the armed
forces of the United States;
(v) students who successfully complete a
coherent sequence of courses that lead to a qualifying industry
certification as determined by the commissioner;
(vi) students admitted into a postsecondary
industry certification program that requires as a prerequisite for
entrance successful performance at the secondary level;
(vii) students whose successful completion
of a course or courses under Section 28.014 indicates the student's
preparation to enroll and succeed, without remediation, in an
entry-level general education course for a baccalaureate degree or
associate degree;
(viii) students who successfully met
standards on a composite of indicators that through research
indicates the student's preparation to enroll and succeed, without
remediation, in an entry-level general education course for a
baccalaureate degree or associate degree;
(ix) high school graduation rates,
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.) subject to the
exclusions provided by Subsections (g), (g-1), (g-2), and (g-3);
(x) students who successfully complete the
distinguished level of achievement under Section 28.025(b-7);
(xi) students who complete an associate
degree while enrolled in high school if the district or campus
offers a program in which a student may complete an associate
degree;
(xii) students who successfully completed
an OnRamps dual enrollment course;
(xiii) students who have received credit by
examination;
(xiv) students who have been promoted to
higher grade levels than the grade levels to which the students
would ordinarily be assigned; and
(xv) students who have earned a diploma
after not more than three years of high school attendance; and
(C) for evaluating the performance of middle and
junior high school campuses and districts that serve students
through the eighth grade, indicators that account for:
(i) students who satisfy performance
standards as determined by the commissioner, on advanced placement
tests, pre-international baccalaureate examinations, college
entrance examinations, or similar assessment instruments;
(ii) students who drop out of school the
preceding school year and do not return by a date determined by the
commissioner, during the current school year; and
(iii) students who participate in a
University Interscholastic League A+ academic event;
(2) in the school progress [second] domain, indicators
for effectiveness in promoting student learning, which must
include:
(A) for evaluating the performance of districts
and campuses generally, indicators that account for [assessment
instruments under Subdivision (1)(A)]:
(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, as determined by the commissioner, on [the] assessment
instruments designated[, as determined] by the commissioner,
including assessment instruments under Subdivisions (1)(A)(i) and
(ii) and, to the extent available, Subdivision (1)(A)(iii) and
English language proficiency assessments under Section
29.056(a)(2) [by rule or by the method for measuring annual
improvement under Section 39.034, aggregated across grade levels by
subject area]; [and]
(ii) students identified as a student of
limited English proficiency, as defined by Section 29.052, who
successfully exit a bilingual education or special language program
by meeting criteria as provided by Section 29.056(g) and complying
with any rule adopted by the commissioner regarding the development
of proficiency in more than one language [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];
(iii) students enrolled in grades one
through eight who successfully complete curriculum requirements
during the school year for promotion to the next grade level;
(iv) students enrolled in grade nine for
the first time who earn the credits required during that school year
for promotion to the next grade level; and
(v) students who complete varied, rigorous,
and relevant curricular options that lead to postsecondary success,
including completion of advanced placement courses or similar
courses;
(B) for middle, junior high, and high school
campuses and districts that serve students in grades 6 through 12,
an indicator that accounts for students who were administered an
advanced placement test, international baccalaureate examination,
college entrance examination, or preliminary college entrance
examination; and
(C) for evaluating relative performance, an
indicator that accounts for the performance of each district and
campus in the categories described by Paragraphs (A) and (B)
compared to districts or campuses with similar characteristics,
including:
(i) student socioeconomic status;
(ii) enrollment size;
(iii) surrounding community attributes;
(iv) district property wealth per student
in weighted average daily attendance; and
(v) access to programs and other
opportunities that promote career and college readiness [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;
[(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 must include:
(A) for evaluating the performance of districts
and campuses generally, indicators that account for:
(i) three programs or specific categories
of performance related to community and student engagement locally
selected and evaluated as provided by Section 39.0546;
(ii) the results from the school climate
survey of districts and campuses administered under Section
39.0531;
(iii) students who successfully complete at
least one endorsement under Section 28.025(c-1);
(iv) students who successfully complete a
coherent sequence of career and technical courses or a coherent
sequence of fine arts courses;
(v) students who successfully complete a
character education program or course provided under Section
29.906;
(vi) educationally disadvantaged students
who successfully complete a postsecondary readiness course;
(vii) teacher quality as determined by the
commissioner, provided that any teacher quality indicator that
considers the performance of a teacher's students may not, in
considering student performance, attribute more than 25 percent of
student performance to student performance on assessment
instruments administered under Section 39.023;
(viii) efforts by districts and campuses
relating to increasing teacher retention, including providing
mentoring programs and professional development opportunities; and
(ix) student participation in health and
wellness programs;
(B) for campuses that serve students enrolled in
prekindergarten, an indicator that accounts for student
participation in full-day prekindergarten programs; and
(C) for campuses that serve students enrolled in
kindergarten through fifth grade, an indicator that accounts for
student participation in literacy and mathematics academies.
(c-1) An indicator adopted under Subsection (c)(2) for the
school progress domain [(c)] that would measure improvements in
student, school district, or campus progress [achievement] cannot
negatively affect the commissioner's review of a school district or
campus if a student or the [that] district or campus is already
achieving at the highest level for that indicator.
(c-3) For purposes of Subsection (c), the commissioner by
rule shall determine a method by which the performance of a student
newly enrolled in a school district or at a campus is excluded in
determining the performance rating of the district or campus under
Section 39.054(a). In this subsection, "student newly enrolled"
means a student who transfers to a school district or campus in this
state from another state or country and who has not been previously
enrolled in a school district or at a campus in this state.
(c-4) An indicator adopted under Subsection (c)(1)(B)(xi)
cannot negatively affect the commissioner's review of a school
district or campus if that district or campus does not offer a
program in which a student may complete an associate degree.
(d-1) In aggregating results of assessment instruments
across grade levels by subject in accordance with Subsection
(c)(1)(A)(i), 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.
(f) Not later than September 30 of each year or as soon
thereafter as possible [Annually], the commissioner shall define
the state standard for the current school year for each domain under
Subsection (c). In consultation with educators, parents, and
business and industry representatives, 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, ethnicity, and socioeconomic status
and to ensure this state 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 computing graduation or completion rates such as a
high school graduation rate under Subsection (c)(1)(B)(ix)
[defining the required state standard for the dropout rate
indicator described by Subsections (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 a
high school graduation rate under Subsection (c)(1)(B)(ix)
[Subsections (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 an unschooled asylee
[refugees] or refugee [asylees] as defined by Section 39.027(a-1);
(5) students whose initial enrollment in a public
school in this state occurred in grade 11 or 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) [(6)] 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 a high school
graduation rate under Subsection (c)(1)(B)(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-4) The commissioner shall adopt rules for identifying
students participating in a University Interscholastic League A+
academic event for purposes of Subsection (c)(1)(C)(iii).
(i) Each school district shall submit the data required for
the indicators adopted under this section to the [The] commissioner
to the extent necessary for assigning performance ratings under
Section 39.054 [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 15. Subchapter C, Chapter 39, Education Code, is
amended by adding Section 39.0531 to read as follows:
Sec. 39.0531. SCHOOL CLIMATE SURVEY. (a) The commissioner
may incorporate a school climate survey as an indicator for the
school climate domain under Section 39.053(c)(3). A school climate
survey shall be administered to administrators employed by school
districts, students enrolled in school districts, and parents of
those students.
(b) The commissioner may adopt rules to implement this
section, including rules to:
(1) determine the format of the school climate survey;
(2) determine the questions that the survey must
include;
(3) establish a period during a school year in which
the survey must be conducted;
(4) establish requirements for administering and
reporting the results of the survey; and
(5) authorize the manner in which the survey may be
administered, including the local administration of the survey.
(c) Notwithstanding any other provision of this code,
including Section 21.355, school climate survey information must be
reported to the agency in accordance with rules adopted by the
commissioner.
(d) The commissioner may contract with a third party to
provide any service necessary under this section.
(e) Not later than the 2022-2023 school year, the
commissioner shall determine the feasibility of incorporating
school climate survey information for use as an indicator for the
school climate domain under Section 39.053(c)(3). In order to
determine the feasibility, the commissioner shall implement the use
of school climate survey information in the 2019-2020 school year
and shall require the reporting of the survey information in the
2020-2021 and 2021-2022 school years. This subsection expires
September 1, 2023.
(f) As part of the school climate survey, a joint committee
consisting of members of the house of representatives and senate
appointed by the speaker and the lieutenant governor shall contract
with a private third party to administer a teachers' engagement
survey to teachers as an:
(1) indicator of teacher satisfaction;
(2) estimation of the programs available to and being
used by students at school; and
(3) assessment of the use of school resources,
including time and personnel, to the best knowledge of the
responding teachers.
(g) The joint committee shall consult with the contracting
private third party to determine the:
(1) questions to be included in the teachers'
engagement survey to achieve the purposes listed in Subsection (f);
(2) format of the teachers' engagement survey; and
(3) best methods to be used in administering the
teachers' engagement survey to ensure anonymity of the responding
teachers.
(h) The joint committee, in coordination with the
contracting private third party, may take all necessary action to
create a focus group of teachers to ensure that the questions
included in the teachers' engagement survey are clear and
sufficient to gather information relating to the purposes listed in
Subsection (f).
(i) The contracting private third party shall report the
results of the teachers' engagement survey directly to the joint
committee, and may not provide the results to the agency or any
other entity.
(j) A school administrator, person employed by the agency,
or person employed by any other governmental agency or organization
may not request information from a teacher regarding the teacher's
responses to the teachers' engagement survey.
(k) The joint committee, with assistance from the
contracting private third party, shall analyze the information
obtained through the teachers' engagement survey and publish the
results for use by public or private entities.
(l) The commissioner shall consider teacher participation
in the teachers' engagement survey in determining campus
achievement and performance ratings.
SECTION 16. Subchapter C, Chapter 39, Education Code, is
amended by adding Section 39.0532 to read as follows:
Sec. 39.0532. SPECIAL EDUCATION PROGRESS INDICATOR. (a)
The commissioner shall determine the feasibility of adopting an
indicator that assesses the progress of students enrolled in a
school district's special education program. The commissioner may
establish an advisory committee to advise the commissioner
regarding the determination required under this subsection.
(b) In determining the feasibility of adopting an indicator
under this section, the commissioner may require a school district,
open-enrollment charter school, or school campus to report relevant
information to the commissioner.
(c) If the commissioner does not adopt an indicator
described by Subsection (a), the commissioner shall provide a
report to the legislature not later than December 1, 2022,
regarding the feasibility of adopting the indicator.
(d) This section expires September 1, 2023.
SECTION 17. Subchapter C, Chapter 39, Education Code, is
amended by adding Section 39.0536 to read as follows:
Sec. 39.0536. TEMPORARY PROVISION: ASSIGNMENT OF
PERFORMANCE RATINGS. (a) Notwithstanding any other law and
subject to Subsection (b), for the 2017-2018 and 2018-2019 school
years, the commissioner shall evaluate school district and campus
performance and assign each district and campus a performance
rating in accordance with the indicators, standards, procedures,
criteria, and calculations prescribed by the 2016 Accountability
Manual, adopted under 19 T.A.C. Section 97.1001, as that rule
existed March 31, 2017.
(b) The commissioner by rule may adopt revisions to the 2016
Accountability Manual described by Subsection (a) for the 2017-2018
school year and 2018-2019 school year, provided that the
commissioner may revise:
(1) dates and deadlines only as necessary; and
(2) indicators, standards, procedures, criteria, and
calculations only to the extent required by federal law.
SECTION 18. Sections 39.054(a), (a-1), (a-2), (a-3), (c),
and (e), Education Code, as effective September 1, 2017, are
amended to read as follows:
(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 Section 39.053(c) [Sections
39.053(c)(1)-(4)]. A [An overall or] domain performance rating of
A reflects exemplary performance. A [An overall or] domain
performance rating of B reflects recognized performance. A [An
overall or] domain performance rating of C reflects acceptable
performance. A [An overall or] domain performance rating of D
reflects performance in need of improvement. A domain performance
rating of [or] F reflects unacceptable performance. A district may
not receive a [an overall or] domain performance rating of A if the
district includes any campus with a corresponding [overall or]
domain performance rating of [D or] F. A reference in law to an
acceptable rating or acceptable performance includes a [an overall
or] domain performance rating of A, B, [or] C, or D or exemplary,
recognized, or acceptable performance or performance in need of
improvement.
(a-1) For purposes of assigning a domain [an overall]
performance rating under Subsection (a)[, the commissioner shall
attribute]:
(1) the commissioner:
(A) in assigning a domain performance rating for
the student achievement domain under Section 39.053(c)(1) or the
school progress domain under Section 39.053(c)(2), shall consider
student performance disaggregated by race, ethnicity,
socioeconomic status, students of limited English proficiency as
defined by Section 29.052, and students enrolled in a special
education program under Subchapter A, Chapter 29; and
(B) may adjust a domain performance rating for a
domain disaggregated by race, ethnicity, socioeconomic status, or
another factor by increasing the rating one level [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 the student achievement domain under Section
39.053(c)(1), not more than 50 percent of the domain performance
rating may be attributed to the indicators under Sections
39.053(c)(1)(A)(i) and (ii) [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 the school progress domain under Section
39.053(c)(2), not more than 50 percent of the domain performance
rating may be attributed to the indicator under Section
39.053(c)(2)(A)(i) [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) for the school climate domain under Section
39.053(c)(3), at least 50 percent of the domain performance rating
must be attributed to the indicator under Section
39.053(c)(3)(A)(i) [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) If the [The] commissioner determines a domain
performance rating increase adjustment is appropriate for a school
district or campus, the commissioner may increase the rating,
provided that the commissioner may not increase a rating more than
once and may not increase the rating more than one level [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 a [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.
(c) In evaluating school district and campus performance on
the [achievement] indicators for the student achievement domain
[performance on assessment instruments adopted] under Sections
39.053(c)(1)(A)(i) and (ii) and (c)(1)(B)(x) [39.053(c)(1) and
(2)] and the school progress domain [dropout rate indicator
adopted] under Section 39.053(c)(2)(A)(i) [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) if necessary to address limited data available to
use in the calculations, student performance as averaged over the
current school year and the preceding two school years.
(e) Each annual performance review under this section shall
include an analysis of the domain [achievement] indicators adopted
under Section 39.053(c) [Sections 39.053(c)(1)-(4)] to determine
school district and campus performance in relation to standards
established for each domain [indicator].
SECTION 19. Section 39.054, Education Code, is amended by
adding Subsection (a-4) to read as follows:
(a-4) In addition to the requirements under Subsection (a),
the commissioner, in collaboration with interested stakeholders,
shall develop standardized language for each domain that does not
exceed 250 words and that clearly describes the annual status of a
district and campus relating to district and campus performance on
the indicators used for that domain to determine the letter
performance rating assigned to a district and campus.
SECTION 20. Section 39.054, Education Code, is amended by
adding Subsection (b) to read as follows:
(b) For purposes of assigning school districts and campuses
a performance rating under Subsection (a), the commissioner shall
ensure that the method used to evaluate performance is implemented
in a manner that provides the mathematical possibility that all
districts and campuses receive an A rating.
SECTION 21. Section 39.054(f), Education Code, as effective
September 1, 2017, is transferred to Section 39.053, Education
Code, redesignated as Section 39.053(g-3), Education Code, and
amended to read as follows:
(g-3) [(f)] In the computation of dropout rates and
completion rates such as a high school graduation rate under
Subsection (c)(1)(B)(ix) [Sections 39.053(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 22. Subchapter C, Chapter 39, Education Code, is
amended by adding Sections 39.0541 and 39.0542 to read as follows:
Sec. 39.0541. ADOPTION OF INDICATORS AND STANDARDS. Before
September 30 of each school year, the commissioner shall adopt any
indicators and standards under this subchapter the commissioner
will use to evaluate school districts and campuses for that school
year.
Sec. 39.0542. EXPLANATORY MATERIALS FOR ACCOUNTABILITY
RATING SYSTEM. (a) Each school year, the commissioner shall
provide each school district a document in a simple, accessible
format that explains the accountability performance measures,
methods, and procedures that will be applied for that school year in
assigning each school district and campus a performance rating
under Section 39.054.
(b) The document provided under Subsection (a) must be
provided in a format that a school district is able to easily
distribute to parents of students enrolled in the district and
other interested members of the public.
SECTION 23. Section 39.0546, Education Code, is amended to
read 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)(i) [39.053(c)(5)] and
assigning a domain performance [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. 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 rating in
evaluating school districts and campuses under the school climate
domain under Section 39.053(c)(3) [district and campus
performance] and assigning a domain performance [an overall] rating
under Section 39.054.
SECTION 24. Sections 39.0548(a), (b), and (c), Education
Code, are amended to read as follows:
(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 15
[17] 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)(B)(ix)
[39.053(c)(4)(A)(i)], the commissioner shall use the alternative
completion rate under this subsection to determine the graduation
[dropout] rate indicator under Section 39.053(c)(1)(B)(ix)
[39.053(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)(B)(ix)
[39.053(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.
SECTION 25. Section 39.055, Education Code, is amended to
read as follows:
Sec. 39.055. STUDENT ORDERED BY A JUVENILE COURT OR STUDENT
IN RESIDENTIAL FACILITY NOT CONSIDERED FOR ACCOUNTABILITY
PURPOSES. Notwithstanding any other provision of this code except
to the extent otherwise provided under Section 39.053(g-3)
[39.054(f)], for purposes of determining the performance of a
school district, campus, or open-enrollment charter school under
this chapter, a student ordered by a juvenile court into a
residential program or facility operated by or under contract with
the Texas Juvenile Justice Department, a juvenile board, or any
other governmental entity or any student who is receiving treatment
in a residential facility is not considered to be a student of the
school district in which the program or facility is physically
located or of an open-enrollment charter school, as
applicable. The performance of such a student on an assessment
instrument or other achievement indicator adopted under Section
39.053 or reporting indicator adopted under Section 39.301 shall be
determined, reported, and considered separately from the
performance of students attending a school of the district in which
the program or facility is physically located or an open-enrollment
charter school, as applicable.
SECTION 26. Section 39.102(a), Education Code, is amended
to read as follows:
(a) If a school district does not satisfy the accreditation
criteria under Section 39.052, has been assigned an unacceptable
[the academic] performance rating [standards] under Section
[39.053 or] 39.054 for the school progress domain under Section
39.053(c)(2), or does not satisfy any financial accountability
standard as determined by commissioner rule, or if considered
appropriate by the commissioner on the basis of a special
accreditation investigation under Section 39.057, the commissioner
shall take any of the following actions to the extent the
commissioner determines necessary:
(1) issue public notice of the deficiency to the board
of trustees;
(2) order a hearing conducted by the board of trustees
of the district for the purpose of notifying the public of the
insufficient performance, the improvements in performance expected
by the agency, and the interventions and sanctions that may be
imposed under this section if the performance does not improve;
(3) order the preparation of an [a student
achievement] improvement plan that addresses the indicators for the
school progress domain [each academic achievement indicator] under
Section 39.053(c)(2) [39.053(c) for which the district's
performance is insufficient], the submission of the plan to the
commissioner for approval, and implementation of the plan;
(4) order a hearing to be held before the commissioner
or the commissioner's designee at which the president of the board
of trustees of the district and the superintendent shall appear and
explain the district's low performance, lack of improvement, and
plans for improvement;
(5) arrange a monitoring review of the district;
(6) appoint an agency monitor to participate in and
report to the agency on the activities of the board of trustees or
the superintendent;
(7) appoint a conservator to oversee the operations of
the district;
(8) appoint a management team to direct the operations
of the district in areas of insufficient performance or require the
district to obtain certain services under a contract with another
person;
(9) if a district has a current accreditation status
of accredited-warned or accredited-probation, has been assigned an
unacceptable performance rating [fails to satisfy any standard]
under Section 39.054 for the school progress domain under Section
39.053(c)(2) [39.054(e)], or fails to satisfy financial
accountability standards as determined by commissioner rule,
appoint a board of managers to exercise the powers and duties of the
board of trustees; or
(10) if for two consecutive school years, including
the current school year, a district has received an accreditation
status of accredited-warned or accredited-probation, has been
assigned an unacceptable performance rating [failed to satisfy any
standard] under Section 39.054 for the school progress domain under
Section 39.053(c)(2) [39.054(e)], or has failed to satisfy
financial accountability standards as determined by commissioner
rule, revoke the district's accreditation and:
(A) order closure of the district and annex the
district to one or more adjoining districts under Section 13.054;
or
(B) in the case of a home-rule school district or
open-enrollment charter school, order closure of all programs
operated under the district's or school's charter[; or
[(11) if a district has failed to satisfy any standard
under Section 39.054(e) due to the district's dropout rates, impose
sanctions designed to improve high school completion rates,
including:
[(A) ordering the development of a dropout
prevention plan for approval by the commissioner;
[(B) restructuring the district or appropriate
school campuses to improve identification of and service to
students who are at risk of dropping out of school, as defined by
Section 29.081;
[(C) ordering lower student-to-counselor ratios
on school campuses with high dropout rates; and
[(D) ordering the use of any other intervention
strategy effective in reducing dropout rates, including mentor
programs and flexible class scheduling].
SECTION 27. Section 39.103(a), Education Code, is amended
to read as follows:
(a) If a campus is assigned an unacceptable performance
rating [is below any standard] under Section 39.054 for the school
progress domain under Section 39.053(c)(2) [39.054(e)], the
commissioner shall take actions, to the extent the commissioner
determines necessary, as provided by this subchapter.
SECTION 28. Section 39.105(a), Education Code, is amended
to read as follows:
(a) This section applies if a campus performance satisfies
performance standards under Section 39.054(e) for the indicators
for the school progress domain under Section 39.053(c)(2) for the
current school year but would not satisfy performance standards
under Section 39.054(e) for those indicators if the standards to be
used for the following school year were applied to the current
school year. On request of the commissioner, the campus-level
committee established under Section 11.251 shall revise and submit
to the commissioner in an electronic format the portions of the
campus improvement plan developed under Section 11.253 that are
relevant to those areas for which the campus would not satisfy
performance standards.
SECTION 29. Sections 39.106(a) and (e), Education Code, are
amended to read as follows:
(a) If a campus [performance] is assigned an unacceptable
performance rating [below any standard] under Section 39.054 for
the school progress domain under Section 39.053(c)(2) [39.054(e)],
the commissioner shall assign a campus intervention team. A campus
intervention team shall:
(1) conduct, with the involvement and advice of the
school community partnership team, if applicable:
(A) a targeted on-site needs assessment relevant
to an area of insufficient performance of the campus as provided by
Subsection (b); or
(B) if the commissioner determines necessary, a
comprehensive on-site needs assessment, using the procedures
provided by Subsection (b);
(2) recommend appropriate actions as provided by
Subsection (c);
(3) assist in the development of a targeted
improvement plan;
(4) conduct a public meeting at the campus with the
campus principal, the members of the campus-level planning and
decision-making committee established under Section 11.251,
parents of students attending the campus, and community members
residing in the district to review the campus performance rating
and solicit input for the development of the targeted improvement
plan;
(5) assist the campus in submitting the targeted
improvement plan to the board of trustees for approval and
presenting the plan in a public hearing as provided by Subsection
(e-1); and
(6) assist the commissioner in monitoring the progress
of the campus in implementing the targeted improvement plan.
(e) For each year a campus is assigned an unacceptable
performance rating under the school progress domain under Section
39.053(c)(2), a campus intervention team shall:
(1) continue to work with a campus until:
(A) the campus is assigned a [satisfies all]
performance rating of at least acceptable [standards] under Section
39.054 for the school progress domain under Section 39.053(c)(2)
[39.054(e)] for a two-year period; or
(B) the campus is assigned a [satisfies all]
performance rating of at least acceptable [standards] under Section
39.054 for the school progress domain under Section 39.053(c)(2)
[39.054(e)] for a one-year period and the commissioner determines
that the campus is operating and will continue to operate in a
manner that improves student performance [achievement];
(2) assist in updating the targeted improvement plan
to identify and analyze areas of growth and areas that require
improvement; and
(3) submit each updated plan described by Subdivision
(2) to the board of trustees of the school district.
SECTION 30. Section 39.107, Education Code, is amended by
amending Subsections (a), (a-2), (b), (b-4), (d), (e), (f), and
(g-1) and adding Subsections (b-10), (b-11), and (b-12) to read as
follows:
(a) After a campus has been assigned an [been identified as]
unacceptable performance rating for the school progress domain
under Section 39.053(c)(2) for two consecutive school years, the
commissioner shall order the campus to prepare and submit a campus
turnaround plan. The commissioner shall by rule establish
procedures governing the time and manner in which the campus must
submit the campus turnaround plan.
(a-2) Before a campus turnaround plan is prepared and
submitted for approval to the board of trustees of the school
district, the district, in consultation with the campus
intervention team, shall:
(1) provide notice to parents, the community, and
stakeholders that the campus has received an [academically]
unacceptable performance rating for the school progress domain
under Section 39.053(c)(2) for two consecutive years and will be
required to submit a campus turnaround plan; and
(2) request assistance from parents, the community,
and stakeholders in developing the campus turnaround plan.
(b) The school district, in consultation with the campus
intervention team, shall prepare the campus turnaround plan and
allow parents, the community, and stakeholders an opportunity to
review the plan before it is submitted for approval to the board of
trustees of the school district. The plan must include details on
the method for restructuring, reforming, or reconstituting the
campus. If the district determines that granting a district
charter under Section 12.0522 is appropriate for the campus, the
campus turnaround plan must provide information on the
implementation of the district charter. The plan must assist the
campus in implementing procedures to satisfy the [all] performance
standards required under Section 39.054(e) for the school progress
domain under Section 39.053(c)(2).
(b-4) A campus turnaround plan developed under this section
must take effect not later than the school year following the third
consecutive school year that the campus has received an
[academically] unacceptable performance rating for the school
progress domain under Section 39.053(c)(2).
(b-10) Not later than June 15 of each year, the commissioner
shall approve or reject in writing any campus turnaround plan
prepared and submitted to the commissioner by a school district. If
the commissioner rejects a campus turnaround plan, the commissioner
must include in the written rejection to the district a list of the
specific concerns regarding the plan that resulted in the
rejection.
(b-11) If the commissioner rejects a campus turnaround
plan, the district must create a modified plan and request
assistance from agency staff. The district must submit the
modified plan to the commissioner for approval not later than
August 15. The commissioner shall notify the district in writing of
the commissioner's decision regarding the modified plan not later
than September 1.
(b-12) If the agency assists or offers assistance to a
district in modifying a campus turnaround plan following a
rejection under Subsection (b-10), the agency may not recommend or
require participation by the district or the district board of
trustees in any initiative that does not directly relate to a
concern identified by the commissioner in the written rejection
under Subsection (b-10).
(d) The commissioner may approve a campus turnaround plan,
including a campus turnaround plan modified under Subsection
(b-11), only if the commissioner determines that the campus will be
assigned at least an acceptable [satisfy all student] performance
rating [standards required] under Section 39.054 for the school
progress domain under Section 39.053(c)(2) [39.054(e)] not later
than the second year [the campus receives a performance rating]
following the implementation of the campus turnaround plan. If the
commissioner does not make this determination after reviewing the
school district's modified campus turnaround plan submitted under
Subsection (b-11), the commissioner shall order:
(1) appointment of a board of managers to govern the
district as provided by Section 39.112(b);
(2) alternative management of the campus under this
section; or
(3) closure of the campus.
(e) If a campus is assigned [considered to have] an
unacceptable performance rating under the school progress domain
under Section 39.053(c)(2) for three consecutive school years after
the campus is ordered to submit a campus turnaround plan under
Subsection (a), the commissioner, subject to Subsection (e-2),
shall order:
(1) appointment of a board of managers to govern the
district as provided by Section 39.112(b); or
(2) closure of the campus.
(f) Notwithstanding Section 39.112(e), the commissioner may
remove a board of managers appointed to govern a district under this
section only if the campus that was the basis for the appointment of
the board of managers receives at least an [academically]
acceptable performance rating under the school progress domain
under Section 39.053(c)(2) for two consecutive school years. If a
campus that was the basis for the appointment of a board of managers
receives an [academically] unacceptable performance rating under
the school progress domain under Section 39.053(c)(2) for two
additional consecutive years following the appointment of the board
of managers, the commissioner may remove the board of managers and,
in consultation with the local community, may appoint a new board of
managers to govern the district.
(g-1) If the commissioner orders alternative management of
a campus under Subsection (d)(2), the school district shall execute
a contract with a managing entity for a term not to exceed five
years. The commissioner may require a district to extend the term
of the contract if the commissioner determines that extending the
contract on expiration of the initial term is in the best interest
of the students attending the campus. The terms of the contract
must be approved by the commissioner. If a campus receives an
[academically] unacceptable performance rating under the school
progress domain under Section 39.053(c)(2) for two consecutive
school years after the managing entity assumes management of the
campus, the commissioner shall cancel the contract with the
managing entity.
SECTION 31. Section 39.301(b), Education Code, is amended
to read as follows:
(b) Performance on the indicators adopted under this
section shall be evaluated in the same manner provided for
evaluation of the domain [achievement] indicators under Section
39.053(c) [Sections 39.053(c)(1)-(4)].
SECTION 32. (a) Using available data from the 2017-2018
school year, the commissioner of education shall prepare a report
that, to the greatest extent possible, describes and lists the
domain performance ratings that would be assigned to each school
district and campus under Section 39.054, Education Code, as
amended by this Act, if the domain indicators described in Section
39.053(c), Education Code, as amended by this Act, were effective
during the 2017-2018 school year.
(b) Using available data from the 2018-2019 school year, the
commissioner of education shall prepare a report that, to the
greatest extent possible, describes and lists the domain
performance ratings that would be assigned to each school district
and campus under Section 39.054, Education Code, as amended by this
Act, if the domain indicators described in Section 39.053(c),
Education Code, as amended by this Act, were effective during the
2018-2019 school year.
(c) Each report required under this section must include
information concerning the extent to which those domain performance
ratings correlate with student demographic characteristics,
including:
(1) economic status;
(2) continuously enrolled status;
(3) status as a student of limited English
proficiency, as defined by Section 29.052, Education Code; and
(4) status as a student eligible to participate in a
special education program under Section 29.003(b), Education Code.
(d) The commissioner of education shall submit a report
prepared as required by this section to the governor, lieutenant
governor, speaker of the house, and presiding officer of each
standing committee of the senate and house of representatives with
primary jurisdiction over primary and secondary education not later
than:
(1) December 1, 2018, for a report prepared under
Subsection (a) of this section; and
(2) December 1, 2019, for a report prepared under
Subsection (b) of this section.
(e) This section expires December 31, 2019.
SECTION 33. (a) Except as provided by Subsection (b) of
this section, this Act applies beginning with the 2019-2020 school
year.
(b) The section of this Act that requires the commissioner
of education to prepare a report not later than December 1, 2018,
and not later than December 1, 2019, regarding the assignment of
school district and campus performance ratings applies beginning
with the 2017-2018 school year.
SECTION 34. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2017.