Bill Text: TX HB4691 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to public school accountability, including performance standards and sanctions and public high school graduation requirements.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-03-22 - Referred to Public Education [HB4691 Detail]

Download: Texas-2023-HB4691-Introduced.html

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By: Rosenthal H.B. No. 4691

A BILL TO BE ENTITLED
AN ACT
relating to public school accountability, including performance
standards and sanctions and public high school graduation
requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 39 of the Education Code is amended by
repealing existing Section 39.025 and adding a new Section 39.025
to read as follows:
Sec. 39.025. USE OF END-OF-COURSE ASSESSMENT INSTRUMENT.
The commissioner shall adopt rules requiring a student in the
foundation high school program under Section 28.025 to be
administered an end-of-course assessment instrument listed in
Section 39.023(c) only for a course in which the student is enrolled
and for which an end-of-course assessment instrument is
administered. Each student's performance on an end-of-course
assessment instrument shall be evaluated to determine whether the
student achieved a scale score that indicates satisfactory
performance, as determined by the commissioner under Section
39.0241(a). The results of the administration of an end-of-course
assessment instrument required under this subsection may not be
used as criteria for graduation. The results may be used only for
the purpose of diagnosing the academic strengths and deficiencies
of a student and guiding specific instruction to the student.
SECTION 2. Section 39.053, Education Code, is amended by
adding Subsection (b-1) and amending subsection (c) to read as
follows:
(b-1) For purposes of assigning a domain performance rating
under Subsection (a), the commissioner shall attribute:
(1) for the student achievement domain under
Subsection 39.053(c)(1), not more than 50 percent of the domain
performance rating may be attributed to the indicators under
Subsections 39.053 (c)(1)(A)(i) and (ii);
(2) for the closing the gaps domain under Section
39.053 (c)(3), not more than 50 percent of the domain performance
rating may be attributed to the Academic Achievement Component
under Sections 39.053 (c)(1)(A)(i) and (ii).
(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]
(iii) an indicator that accounts for the
number of students who participate in and successfully complete
courses in the enrichment curriculum under Section 28.002(a)(2);
(iv) an indicator that accounts for
students who participate in school-sponsored extracurricular and
cocurricular activities, taking into consideration the duration,
intensity, and levels of engagement in the activities;
(v) an indicator that accounts for the
results from the state-developed school and student safety survey
of districts and campuses administered under Section 39.0531;
(vi) an indicator that accounts for the
efforts by districts and campuses relating to providing teacher
mentoring programs and professional development opportunities that
meet standards established by State Board for Educator
Certification rule; and
(vi) an indicator that accounts for
students who are not in attendance fewer than 15 days during the
current school year; 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 dual course credits
in the dual credit courses;
(iv) students who enlist in the armed
forces of the United States or the Texas National Guard;
(v) students who 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), (g-3), and (g-4);
(x) students who successfully completed an
OnRamps dual enrollment course;
(xi) students who successfully completed a
practicum or internship approved by the State Board of Education;
(xii) students who are awarded an associate
degree; [and]
(xiii) students who successfully completed
a program of study in career and technical education; and
(xiv) students who successfully complete at
least one endorsement under Section 28.025(c-1);
(xv) students who earn micro-credentials or
credentials of value as defined by the State Board of Education; and
(xvi) ninth-grade students who at the end
of ninth grade have completed enough courses to be academically
on-track to graduate with their ninth-grade cohort; and
(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 3. Chapter 39, Education Code, is amended by adding
Section 39.0531 to read as follows:
Sec. 39.0531. SCHOOL AND STUDENT SAFETY AND CLIMATE SURVEY.
(a) The commissioner shall incorporate a school and student safety
and climate survey as an indicator for the student achievement
domain under Subsection 39.053(c)(1) and the closing the gaps
domain under Subsection 39.053(c)(4). A school and student safety
and climate survey shall be administered to administrators and
teachers employed by school districts, students enrolled in school
districts, and parents of those students.
(b) The commissioner shall adopt rules to implement this
section, including rules to:
(1) determine the format of the 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 and student safety and 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.
SECTION 4. Section 39.054, Education Code, is amended by
repealing subsections (a-1) and (a-2) and amending subsections (a),
(a-4), (a-5), and (b) to read as follows:
(a) Except as provided by Subsection (a-4), [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). 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 that needs
improvement. A [An overall or] domain performance rating of 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. If a school district has been
approved under Section 39.0544 to assign campus performance ratings
and the commissioner has not assigned a campus a domain [an overall]
performance rating of D or F, the commissioner shall assign the
campus a domain [an overall] performance rating based on the school
district assigned performance rating under Section 39.0544.
(a-4) Notwithstanding any other law, the commissioner may
assign a school district or campus a domain [an overall]
performance rating of "Not Rated" if the commissioner determines
that the assignment of a performance rating of A, B, C, D, or F would
be inappropriate because:
(1) the district or campus is located in an area that
is subject to a declaration of a state of disaster under Chapter
418, Government Code, and due to the disaster, performance
indicators for the district or campus are difficult to measure or
evaluate and would not accurately reflect quality of learning and
achievement for the district or campus;
(2) the district or campus has experienced breaches or
other failures in data integrity to the extent that accurate
analysis of data regarding performance indicators is not possible;
(3) the number of students enrolled in the district or
campus is insufficient to accurately evaluate the performance of
the district or campus; or
(4) for other reasons outside the control of the
district or campus, the performance indicators would not accurately
reflect quality of learning and achievement for the district or
campus.
(a-5) Notwithstanding any other law, a domain [an overall]
performance rating of "Not Rated" is not included in calculating
consecutive school years of unacceptable performance ratings and is
not considered a break in consecutive school years of unacceptable
performance ratings for purposes of any provision of this code.
SECTION 5. Section 39.0543(a), Education Code, is amended
to read as follows:
Sec. 39.0543. PERFORMANCE RATING REQUIRING INTERVENTION OR
OTHER ACTION. (a) A reference in law to an acceptable performance
rating or acceptable performance includes a [an overall or] domain
performance rating of A, B, or C or performance that is exemplary,
recognized, or acceptable. A reference in law to an unacceptable
performance rating or unacceptable performance includes a closing
the gaps [an overall or] domain performance rating of F. For the
purposes of public reporting requirements, a [an overall or] domain
performance rating of D shall be referred to as performance that
needs improvement.
SECTION 6. Section 12.258(a), Education Code, is amended to
read as follows:
Sec. 12.258. STUDENT ELIGIBILITY; ADMISSION. (a) A person
who is at least 18 years of age and not more than 50 years of age is
eligible to enroll in an adult education program operated under a
charter granted under this subchapter if the person:
(1) has failed to complete the curriculum requirements
for high school graduation; or
(2) has failed to perform satisfactorily on an
assessment instrument that, before the 2022-2023 school year, was
required for high school graduation.
SECTION 7. Section 18.005(c), Education Code, is amended to
read as follows:
(c) A Job Corps diploma program shall:
(1) develop educational programs specifically
designed for persons eligible for enrollment in a Job Corps
training program established by the United States Department of
Labor;
(2) coordinate educational programs and services in
the diploma program with programs and services provided by the
United States Department of Labor and other federal and state
agencies and local political subdivisions and by persons who
provide programs and services under contract with the United States
Department of Labor;
(3) provide a course of instruction that includes the
required curriculum under Subchapter A, Chapter 28; and
[(4) require that students enrolled in the diploma
program satisfy the requirements of Section 39.025 before receiving
a diploma under this chapter; and]
(5) comply with a requirement imposed under this title
or a rule adopted under this title relating to the Public Education
Information Management System (PEIMS) to the extent necessary to
determine compliance with this chapter, as determined by the
commissioner.
SECTION 8. Section 19.0043(b), Education Code, is amended
to read as follows:
(b) A student may graduate and receive a diploma from a
Windham School District educational program if:
(1) the student successfully completes the curriculum
requirements identified by the State Board of Education under
Section 28.025(a) [and complies with Section 39.025]; or
(2) the student successfully completes the curriculum
requirements under Section 28.025(a) as modified by an
individualized education program developed under Section 29.005.
SECTION 9. Section 25.005(b), Education Code, is amended to
read as follows:
(b) A reciprocity agreement must:
(1) address procedures for:
(A) transferring student records; and
(B) awarding credit for completed course work;
and
[(C) permitting a student to satisfy the
requirements of Section 39.025 through successful performance on
comparable end-of-course or other exit-level assessment
instruments administered in another state; and]
(2) include appropriate criteria developed by the
agency.
SECTION 10. Section 28.025, Education Code, is amended by
repealing subsection (d) and amending subsections (b-7) and (c) to
read as follows:
(b-7) The State Board of Education, in coordination with the
Texas Higher Education Coordinating Board, shall adopt rules to
ensure that a student may comply with the curriculum requirements
under the foundation high school program or for an endorsement
under Subsection (c-1) by successfully completing appropriate
courses in the core curriculum of an institution of higher
education under Section 61.822. Notwithstanding Subsection (b-15)
or (c) of this section[, Section 39.025,] or any other provision of
this code and notwithstanding any school district policy, a student
who has completed the core curriculum of an institution of higher
education under Section 61.822, as certified by the institution in
accordance with commissioner rule, is considered to have earned a
distinguished level of achievement under the foundation high school
program and is entitled to receive a high school diploma from the
appropriate high school as that high school is determined in
accordance with commissioner rule. A student who is considered to
have earned a distinguished level of achievement under the
foundation high school program under this subsection may apply for
admission to an institution of higher education for the first
semester or other academic term after the semester or other
academic term in which the student completes the core curriculum.
(c) A person may receive a diploma if the person is eligible
for a diploma under Section 28.0251. In other cases, a student may
graduate and receive a diploma only if:
(1) the student successfully completes the curriculum
requirements identified by the State Board of Education under
Subsection (a) and complies with Section [Sections] 28.0256 [and
39.025]; or
(2) the student successfully completes an
individualized education program developed under Section 29.005.
SECTION 11. Section 29.081(b), Education Code, is amended
to read as follows:
(b) Each district shall provide accelerated instruction to
a student enrolled in the district [who has taken an end-of-course
assessment instrument administered under Section 39.023(c) and has
not performed satisfactorily on the assessment instrument or] who
is at risk of dropping out of school.
SECTION 12. Section 29.402, Education Code, is amended by
amending subsections (b) and (c) to read as follows:
(b) A person who is under 26 years of age is eligible to
enroll in a dropout recovery program under this subchapter if the
person[:]
(1) must complete not more than three course credits
to complete the curriculum requirements for the foundation high
school program for high school graduation; or
(2) has failed to perform satisfactorily on an
end-of-course assessment instrument administered under Section
39.023(c) as that section existed before amendment by Chapter _____
(_.B. _____), Acts of the 88th Legislature, Regular Session, 2022,
or an assessment instrument administered under Section 39.023(c) as
that section existed before amendment by Chapter 1312 (S.B. 1031),
Acts of the 80th Legislature, Regular Session, 2007.
(c) A public junior college under this section shall:
(1) design a dropout recovery curriculum that includes
career and technology education courses that lead to industry or
career certification;
(2) integrate into the dropout recovery curriculum
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;
(3) offer advanced academic and transition
opportunities, including dual credit courses and college
preparatory courses, such as advanced placement courses; and
(4) coordinate with each partnering school district to
provide in the articulation agreement that the district retains
accountability for student attendance and[,] student completion of
high school course requirements[, and student performance on
assessment instruments as necessary for the student to receive a
diploma from a high school of the partnering school district].
SECTION 13. Section 30.021(e), Education Code, is amended
to read as follows:
(e) The school shall cooperate with public and private
agencies and organizations serving students and other persons with
visual impairments in the planning, development, and
implementation of effective educational and rehabilitative service
delivery systems associated with educating students with visual
impairments. To maximize and make efficient use of state
facilities, funding, and resources, the services provided in this
area may include conducting a cooperative program with other
agencies to serve students who have graduated from high school by
completing all academic requirements applicable to students in
regular education[, excluding satisfactory performance under
Section 39.025,] who are younger than 22 years of age on September 1
of the school year and who have identified needs related to
vocational training, independent living skills, orientation and
mobility, social and leisure skills, compensatory skills, or
remedial academic skills.
SECTION 14. Section 30.104(b), Education Code, is amended
to read as follows:
(b) A student may graduate and receive a diploma from a
department educational program if:
(1) the student successfully completes the curriculum
requirements identified by the State Board of Education under
Section 28.025(a) [and complies with Section 39.025]; or
(2) the student successfully completes the curriculum
requirements under Section 28.025(a) as modified by an
individualized education program developed under Section 29.005.
SECTION 15. Section 32.258(b), Education Code, is amended
to read as follows:
(b) The system established under Subsection (a) shall
provide a means for a student or the student's parent or other
person standing in parental relationship to track the student's
progress on end-of-course assessment instruments administered
under Section 39.023(c) [instrument requirements for graduation].
SECTION 16. Section 39.003(a), Education Code, is amended
to read as follows:
Sec. 39.003. SPECIAL INVESTIGATIONS. (a) The commissioner
may authorize special investigations to be conducted:
(1) when excessive numbers of absences of students
eligible to be tested on state assessment instruments are
determined;
(2) when excessive numbers of allowable exemptions
from the required state assessment instruments are determined;
(3) in response to complaints submitted to the agency
with respect to alleged violations of civil rights or other
requirements imposed on the state by federal law or court order;
(4) in response to established compliance reviews of
the district's financial accounting practices and state and federal
program requirements;
(5) when extraordinary numbers of student placements
in disciplinary alternative education programs, other than
placements under Sections 37.006 and 37.007, are determined;
(6) in response to an allegation involving a conflict
between members of the board of trustees or between the board and
the district administration if it appears that the conflict
involves a violation of a role or duty of the board members or the
administration clearly defined by this code;
(7) when excessive numbers of students in special
education programs under Subchapter A, Chapter 29, are assessed
through assessment instruments developed or adopted under Section
39.023(b);
(8) in response to an allegation regarding or an
analysis using a statistical method result indicating a possible
violation of an assessment instrument security procedure
established under Section 39.0301, including for the purpose of
investigating or auditing a school district under that section;
(9) when a significant pattern of decreased academic
performance has developed as a result of the promotion in the
preceding two school years of students who did not perform
satisfactorily as determined by the commissioner under Section
39.0241(a) on assessment instruments administered under Section
39.023(a), (c), or (l);
(10) when excessive numbers of students eligible to
enroll fail to complete an Algebra II course or any other advanced
course as determined by the commissioner;
(11) when resource allocation practices as evaluated
under Section 39.0821 indicate a potential for significant
improvement in resource allocation;
(12) when a disproportionate number of students of a
particular demographic group is graduating with a particular
endorsement under Section 28.025(c-1);
(13) when an excessive number of students is
graduating with a particular endorsement under Section
28.025(c-1);
(14) in response to a complaint submitted to the
agency with respect to alleged inaccurate data that is reported
through the Public Education Information Management System (PEIMS)
or through other reports required by state or federal law or rule or
court order and that is used by the agency to make a determination
relating to public school accountability, including accreditation,
under this chapter;
[(15) when 10 percent or more of the students
graduating in a particular school year from a particular high
school campus are awarded a diploma based on the determination of an
individual graduation committee under Section 28.0258;]
(16) when a school district for any reason fails to
produce, at the request of the agency, evidence or an investigation
report relating to an educator who is under investigation by the
State Board for Educator Certification; or
(17) as the commissioner otherwise determines
necessary.
SECTION 17. Section 39.034(d), Education Code, is amended
to read as follows:
(d) The agency shall determine the necessary annual
improvement required each year for a student to be prepared to
perform satisfactorily on, as applicable:
(1) the grade five assessment instruments;
(2) the grade eight assessment instruments; and
(3) the end-of-course assessment instruments
[required under this subchapter for graduation].
SECTION 18. Section 39.0544, Education Code, is amended by
amending subsections (a) and (e) and adding subsections (f) and (g)
to read as follows:
Sec. 39.0544. LOCAL ACCOUNTABILITY SYSTEM. (a) The
commissioner shall adopt rules regarding the assignment of campus
performance ratings by school districts and open-enrollment
charter schools. The rules:
(1) must require a district or school[, in assigning
an overall performance rating for a campus,] to incorporate:
(A) domain performance ratings assigned by the
commissioner under Section 39.054; and
(B) performance ratings based on locally
developed domains or sets of accountability measures;
(2) may permit a district or school to assign weights
to each domain or set of accountability measures described in
Subdivision (1), as determined by the district or school, provided
that the domains specified in Subdivision (1)(A) must in the
aggregate account for at least 50 percent of the overall
performance rating;
(3) must require that each locally developed domain or
set of accountability measures:
(A) contains levels of performance that allow for
differentiation, with assigned standards for achieving the
differentiated levels;
(B) provides for the assignment of a letter grade
of A, B, C, D, or F; and
(C) meets standards for reliability and
validity;
(4) must require that calculations for [overall
performance ratings and] each locally developed domain or set of
accountability measures be capable of being audited by a third
party;
(5) must require that a district or school produce a
campus score card that may be displayed on the agency's website; and
(6) must require that a district or school develop and
make available to the public an explanation of the methodology used
to assign performance ratings under this section.
(e) A school district or open-enrollment charter school
authorized under this section to assign campus performance ratings
shall evaluate the performance of each campus as provided by this
section and assign each campus a performance rating of A, B, C, D,
or F [for overall performance and] for each locally developed
domain or set of accountability measures. Not later than a date
established by the commissioner, the district or school shall:
(1) report the performance ratings to the agency; and
(2) make the performance ratings available to the
public as provided by commissioner rule.
SECTION 19. Section 39.301(c), Education Code, is amended
to read as follows:
(c) Indicators for reporting purposes must include:
(1) the percentage of graduating students who meet the
course requirements established by State Board of Education rule
for:
(A) the foundation high school program;
(B) the distinguished level of achievement under
the foundation high school program; and
(C) each endorsement described by Section
28.025(c-1);
(2) the results of the SAT, ACT, and certified
workforce training programs described by Chapter 311, Labor Code;
(3) for students who have failed to perform
satisfactorily, under each performance standard under Section
39.0241, on an assessment instrument required under Section
39.023(a) [or (c)], the performance of those students on subsequent
assessment instruments required under that section [those
sections], aggregated by grade level and subject area;
(4) for each campus, the number of students,
disaggregated by major student subpopulations, that take courses
under the foundation high school program and take additional
courses to earn an endorsement under Section 28.025(c-1),
disaggregated by type of endorsement;
(5) the percentage of students, aggregated by grade
level, provided accelerated instruction under Section 28.0211, the
results of assessment instruments administered under that section,
the subject of the assessment instrument on which each student
failed to perform satisfactorily under each performance standard
under Section 39.0241, and the performance of those students in the
subsequent school year on the assessment instruments required under
Section 39.023;
(6) the percentage of emergent bilingual students
exempted from the administration of an assessment instrument under
Sections 39.027(a)(1) and (2);
(7) the percentage of students in a special education
program under Subchapter A, Chapter 29, assessed through assessment
instruments developed or adopted under Section 39.023(b);
(8) the percentage of students who satisfy the college
readiness measure;
(9) the measure of progress toward dual language
proficiency under Section 39.034(b), for emergent bilingual
students, as defined by Section 29.052;
(10) the percentage of students who are not
educationally disadvantaged;
(11) the percentage of students who enroll and begin
instruction at an institution of higher education in the school
year following high school graduation; and
(12) the percentage of students who successfully
complete the first year of instruction at an institution of higher
education without needing a developmental education course.
SECTION 20. Sections 12.104(b-2), 12.260, 19.0043(c),
28.0217, 28.0255(g), 28.0255(h), 28.0258, 28.0259, 28.02591,
29.081(b-1), 29.081(b-2), 29.081(b-3), 30.104(c), 39.0543(b),
39.0543(b-1), 39.0543(b-2), 39.0543(b-3), 39.0543(c), 39.0543(d),
Education Code, are repealed.
SECTION 21. This act applies beginning with the 2023-2024
school year.
SECTION 22. 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, 2023.