Bill Text: TX HB3904 | 2019-2020 | 86th Legislature | Engrossed


Bill Title: Relating to public school accountability, including certain performance standards and sanctions, to providing alternative methods to satisfy certain public high school graduation requirements, and to public school class size limits.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2019-05-14 - Left pending in committee [HB3904 Detail]

Download: Texas-2019-HB3904-Engrossed.html
 
 
  By: Huberty, Guillen, Raymond, Morales H.B. No. 3904
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to public school accountability, including certain
  performance standards and sanctions, to providing alternative
  methods to satisfy certain public high school graduation
  requirements, and to public school class size limits.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. PUBLIC SCHOOL ACCOUNTABILITY
         SECTION 1.01.  Section 11.174(f), Education Code, is amended
  to read as follows:
         (f)  This subsection applies only to a district campus
  subject to a contract described by Subsection (a) that received an
  overall performance rating of unacceptable under Subchapter C,
  Chapter 39, for the school year before operation of the district
  campus under the contract began.  The commissioner may not impose a
  sanction or take action against the campus under Chapter 39A 
  [Section 39.107(a) or (e)] for failure to satisfy academic
  performance standards during the first two school years of
  operation of a district campus under Subsection (a).  The overall
  performance rating received by the campus during those first two
  school years is not included in calculating consecutive school
  years and is not considered a break in consecutive school years
  under Chapter 39A.  The performance of a campus subject to this
  subsection may not be included in determining the performance of
  the district during the period the campus is exempt from sanctions
  under Chapter 39A [Section 39.107(a) or (e)].
         SECTION 1.02.  Section 39.0241, Education Code, is amended
  by adding Subsection (a-2) to read as follows:
         (a-2)  This subsection applies only to an assessment
  instrument authorized under Section 39.025(a-2) for use as a
  substitute assessment instrument for purposes of satisfying the
  requirements concerning an end-of-course assessment instrument.
  The commissioner shall designate for student performance on each
  substitute assessment instrument subject to this subsection a level
  of performance considered to be satisfactory and a level of
  performance necessary to indicate college readiness in the same
  manner as the commissioner designates those standards for student
  performance on each end-of-course assessment instrument listed in
  Section 39.023(c). The commissioner shall designate the level of
  performance that indicates college readiness on a substitute
  assessment as "masters grade-level performance."
         SECTION 1.03.  Section 39.053(c), Education Code, as amended
  by Chapters 807 (H.B. 22), 842 (H.B. 2223), and 1088 (H.B. 3593),
  Acts of the 85th Legislature, Regular Session, 2017, is reenacted
  and amended to read as follows:
         (c)  School districts and campuses must be evaluated based on
  three domains of indicators of achievement adopted under this
  section that include:
               (1)  in the student achievement domain, indicators of
  student achievement that must include:
                     (A)  for evaluating the performance of districts
  and campuses generally:
                           (i)  an indicator that accounts for the
  results of assessment instruments required under Sections
  39.023(a), (c), and (l), as applicable for the district and campus,
  including the results of assessment instruments required for
  graduation retaken by a student, aggregated across grade levels by
  subject area, including:
                                 (a)  for the performance standard
  determined by the commissioner under Section 39.0241(a), the
  percentage of students who performed satisfactorily on the
  assessment instruments, aggregated across grade levels by subject
  area; and
                                 (b)  for the college readiness
  performance standard as determined under Section 39.0241, the
  percentage of students who performed satisfactorily on the
  assessment instruments, aggregated across grade levels by subject
  area; and
                           (ii)  an indicator that accounts for the
  results of assessment instruments required under Section
  39.023(b), as applicable for the district and campus, including the
  percentage of students who performed satisfactorily on the
  assessment instruments, as determined by the performance standard
  adopted by the agency, aggregated across grade levels by subject
  area; [and]
                     (B)  for evaluating the performance of high school
  campuses and districts that include high school campuses,
  indicators that account for:
                           (i)  students who satisfy the Texas Success
  Initiative (TSI) college readiness benchmarks prescribed by the
  Texas Higher Education Coordinating Board under Section 51.334 on
  an assessment instrument in reading or mathematics designated by
  the coordinating board under that section;
                           (ii)  students who satisfy relevant
  performance standards on advanced placement tests or similar
  assessments;
                           (iii)  students who earn a three-hour [dual]
  course credit [credits] in a [the] dual credit course in any subject 
  [courses];
                           (iv)  students who enlist in the armed
  forces of the United States;
                           (v)  students who complete coherent
  sequences of courses required to earn industry certifications;
                           (vi)  students admitted into postsecondary
  industry certification programs that require as a prerequisite for
  entrance successful performance at the secondary level;
                           (vii)  students whose successful completion
  of a course or courses under Section 28.014 indicates the student's
  preparation to enroll and succeed, without remediation, in an
  entry-level general education course for a baccalaureate degree or
  associate degree;
                           (viii)  students who successfully met
  standards on a composite of indicators that through research
  indicates the student's preparation to enroll and succeed, without
  remediation, in an entry-level general education course for a
  baccalaureate degree or associate degree;
                           (ix)  high school graduation rates, computed
  in accordance with standards and definitions adopted in compliance
  with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.)
  subject to the exclusions provided by Subsections (g), (g-1),
  (g-2), and (g-3);
                           (x)  students who successfully completed an
  OnRamps dual enrollment course; [and]
                           (xi)  [the percentage of] students who
  successfully completed a practicum or internship approved by the
  State Board of Education;
                           (xii)  students who are awarded an associate 
  [associate's] degree;
                           (xiii)  students who participate in
  extracurricular activities, including University Interscholastic
  League A+ academic events and foreign language, chess, and robotics
  clubs; and
                           (xiv)  ninth grade students who are
  academically on track to graduate with their ninth grade cohort;
  and
                     (C)  for evaluating the performance of middle and
  junior high school and elementary school campuses and districts
  that include those campuses, indicators that account for:
                           (i)  students who participate in full-day
  prekindergarten programs;
                           (ii)  students who participate in
  elementary literacy and mathematics academies; and
                           (iii)  students who participate in
  extracurricular activities, including University Interscholastic
  League A+ academic events and foreign language, chess, and robotics
  clubs;
               (2)  in the school progress domain, indicators for
  effectiveness in promoting student learning, which must include:
                     (A)  for assessment instruments, including
  assessment instruments under Subdivisions (1)(A)(i) and (ii), the
  percentage of students who met the standard for improvement, as
  determined by the commissioner; and
                     (B)  for evaluating relative performance, the
  performance of districts and campuses compared to similar districts
  or campuses; and
               (3)  in the closing the gaps domain, the use of
  disaggregated data to demonstrate the differentials among students
  from different racial and ethnic groups, socioeconomic
  backgrounds, and other factors, including:
                     (A)  students formerly receiving special
  education services;
                     (B)  students continuously enrolled; and
                     (C)  students who are mobile.
         SECTION 1.04.  Section 39.053, Education Code, is amended by
  adding Subsection (c-4) to read as follows:
         (c-4)  The commissioner shall determine a method by which:
               (1)  a student's performance under Subsection
  (c)(1)(B)(v) may be included in determining the performance of a
  district or campus under Section 39.054 if the student successfully
  completed the courses but did not receive the industry
  certification until after the student graduated; and
               (2)  a student's performance described by Subdivision
  (1) is assigned equal credit under the college, career, and
  military readiness component calculation as a student who earned an
  industry certification before the student graduated.
         SECTION 1.05.  Section 39.054, Education Code, is amended by
  adding Subsections (a-5) and (a-6) to read as follows:
         (a-5)  For purposes of assigning each district and campus a
  domain performance rating under Section 39.053(c), the
  commissioner may not attribute more than 50 percent of any domain
  performance rating to the results of assessment instruments
  required under Sections 39.023(a), (b), (c), and (l).
         (a-6)  For purposes of assigning each district and campus a
  domain performance rating for the student achievement domain under
  Section 39.053(c)(1), the commissioner shall attribute:
               (1)  30 percent of the performance rating to the
  indicators under Section 39.053(c)(1)(A) relating to assessment
  instrument results;
               (2)  40 percent of the performance rating to the
  indicator under Section 39.053(c)(1)(B)(ix) relating to high
  school graduation rates; and
               (3)  30 percent of the performance rating to the
  indicators under Section 39.053(c)(1)(B) relating to college,
  career, and military readiness.
         SECTION 1.06.  Section 39.0548, Education Code, is amended
  by amending Subsections (a) and (d) and adding Subsections (a-1),
  (e), (f), and (g) 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 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.
         (a-1)  For purposes of assigning performance ratings under
  Section 39.054, the commissioner shall evaluate a dropout recovery
  school under alternative education accountability procedures
  adopted by the commissioner.
         (d)  For [Notwithstanding Section 39.053(c), for] purposes
  of evaluating a dropout recovery school under the alternative
  education accountability procedures adopted by the commissioner
  [to determine the performance rating of the school under Section
  39.054], 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 in assigning
  performance ratings for the school under Section 39.054.
         (e)  To the extent consistent with or permitted by an
  authorized waiver of federal law, the commissioner, for purposes of
  evaluating performance of a dropout recovery school under the
  alternative education accountability procedures adopted by the
  commissioner, shall adopt performance targets for the student
  achievement domain under Section 39.053(c)(1) and the school
  progress domain under Section 39.053(c)(2) that are based on the
  average performance of school districts and campuses registered
  under the alternative education accountability procedures for the
  preceding school year for those respective domains.
         (f)  To the extent consistent with or permitted by an
  authorized waiver of federal law, the commissioner, for purposes of
  assigning an overall performance rating for a dropout recovery
  school under Section 39.054, shall attribute not more than 10
  percent of that rating to the closing the gaps domain under Section
  39.053(c)(3).
         (g)  To the extent consistent with or permitted by an
  authorized waiver of federal law, the commissioner, for purposes of
  evaluating performance of a dropout recovery school under the
  alternative education accountability procedures adopted by the
  commissioner, shall attribute to a dropout recovery school not less
  than a minimum scaled score of 60 for the closing the gaps domain
  under Section 39.053(c)(3).
         SECTION 1.07.  (a) Except as otherwise provided by this
  section
  , this article applies beginning with the 2020-2021 school
  year.
         (b)  Section 39.0548, Education Code, as amended by this Act,
  takes effect on any date not later than September 1, 2021, on which
  the commissioner of education:
               (1)  obtains any necessary waiver from the application
  of federal law or regulation conflicting with Section 39.0548,
  Education Code, as amended by this Act; or
               (2)  receives written notification from the United
  States Department of Education that a waiver is not required.
         (c)  Section 39.0548, Education Code, as amended by this Act,
  applies beginning with the first school year that begins after the
  date on which Section 39.0548, Education Code, takes effect under
  Subsection (b) of this section.
         (d)  If the commissioner of education obtains any necessary
  waiver or receives written notification as described by Subsection
  (b) of this section, the commissioner shall certify that the
  commissioner has obtained the waiver or received notification that
  a waiver is not required, as applicable, and shall publish notice of
  that fact in the Texas Register as soon as practicable after
  obtaining the waiver or receiving notification.
  ARTICLE 2. INDIVIDUAL GRADUATION COMMITTEES
         SECTION 2.01.  Sections 12.104(b-2) and (b-3), Education
  Code, are amended to read as follows:
         (b-2)  An open-enrollment charter school is subject to the
  requirement to establish an individual graduation committee under
  Section 28.0258. [This subsection expires September 1, 2019.]
         (b-3)  An open-enrollment charter school is subject to the
  graduation qualification procedure established by the commissioner
  under Section 28.02541. [This subsection expires September 1,
  2019.]
         SECTION 2.02.  Section 28.025(c-6), Education Code, is
  amended to read as follows:
         (c-6)  Notwithstanding Subsection (c), a person may receive
  a diploma if the person is eligible for a diploma under Section
  28.0258. [This subsection expires September 1, 2019.]
         SECTION 2.03.  Effective September 1, 2019, Section
  28.02541(a), Education Code, is amended to read as follows:
         (a)  This section applies only to a student who:
               (1)  entered the ninth grade before the 2011-2012
  school year;
               (2)  successfully completed the curriculum
  requirements for high school graduation applicable to the student
  when the student entered the ninth grade;
               (3)  has not performed satisfactorily on an assessment
  instrument or a part of an assessment instrument required for high
  school graduation, including an alternate assessment instrument
  offered under Section 39.025(c-2) [39.025(c-1)]; and
               (4)  has been administered the assessment instrument or
  the part of the assessment instrument for which the student has not
  performed satisfactorily at least three times.
         SECTION 2.04.  Section 28.02591(a), Education Code, is
  amended to read as follows:
         (a)  The Texas Higher Education Coordinating Board, in
  coordination with the agency, shall collect longitudinal data
  relating to the post-graduation pursuits of each student who is
  awarded a diploma based on the determination of an individual
  graduation committee under Section 28.0258, [as that section
  existed before September 1, 2019,] including whether the student:
               (1)  enters the workforce;
               (2)  enrolls in an associate degree or certificate
  program at a public or private institution of higher education;
               (3)  enrolls in a bachelor's degree program at a public
  or private institution of higher education; or
               (4)  enlists in the armed forces of the United States or
  the Texas National Guard.
         SECTION 2.05.  Section 39.025(a-2), Education Code, as added
  by Chapter 5 (S.B. 149), Acts of the 84th Legislature, Regular
  Session, 2015, is redesignated as Section 39.025(a-5), Education
  Code, and amended to read as follows:
         (a-5) [(a-2)]  Notwithstanding Subsection (a), a student who
  has failed to perform satisfactorily on end-of-course assessment
  instruments in the manner provided under this section may receive a
  high school diploma if the student has qualified for graduation
  under Section 28.0258. [This subsection expires September 1,
  2019.]
         SECTION 2.06.  Section 39.025(a-3), Education Code, is
  amended to read as follows:
         (a-3)  A student who, after retaking an end-of-course
  assessment instrument for Algebra I or English II, has failed to
  perform satisfactorily as required by Subsection (a), but who
  receives a score of proficient on the Texas Success Initiative
  (TSI) diagnostic assessment for the corresponding subject for which
  the student failed to perform satisfactorily on the end-of-course
  assessment instrument satisfies the requirement concerning the
  Algebra I or English II end-of-course assessment, as applicable.
  [This subsection expires September 1, 2019.]
         SECTION 2.07.  Sections 28.02541(g), 28.0258(l), and
  28.0259(e), Education Code, are repealed.
  ARTICLE 3. CONFLICTS PROVISION; EFFECTIVE DATE
         SECTION 3.01.  To the extent of any conflict, this Act
  prevails over another Act of the 86th Legislature, Regular Session,
  2019, relating to nonsubstantive additions to and corrections in
  enacted codes.
         SECTION 3.02.  Except as otherwise provided by this Act,
  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 on the 91st day after the last day of the legislative
  session.
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