Bill Text: TX SB2400 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the use of certain standardized tests in evaluating the performance of a school district or campus.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2019-03-21 - Referred to Education [SB2400 Detail]

Download: Texas-2019-SB2400-Introduced.html
  2019S0402-1 03/08/19
 
  By: Menéndez S.B. No. 2400
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of certain standardized tests in evaluating the
  performance of a school district or campus.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 12.104(b), Education Code, as amended by
  Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B. 1153), Acts
  of the 85th Legislature, Regular Session, 2017, is reenacted and
  amended to read as follows:
         (b)  An open-enrollment charter school is subject to:
               (1)  a provision of this title establishing a criminal
  offense; and
               (2)  a prohibition, restriction, or requirement, as
  applicable, imposed by this title or a rule adopted under this
  title, relating to:
                     (A)  the Public Education Information Management
  System (PEIMS) to the extent necessary to monitor compliance with
  this subchapter as determined by the commissioner;
                     (B)  criminal history records under Subchapter C,
  Chapter 22;
                     (C)  reading instruments and accelerated reading
  instruction programs under Section 28.006;
                     (D)  [accelerated instruction under Section
  28.0211;
                     [(E)] high school graduation requirements under
  Section 28.025;
                     (E) [(F)]  special education programs under
  Subchapter A, Chapter 29;
                     (F) [(G)]  bilingual education under Subchapter
  B, Chapter 29;
                     (G) [(H)]  prekindergarten programs under
  Subchapter E or E-1, Chapter 29;
                     (H) [(I)]  extracurricular activities under
  Section 33.081;
                     (I) [(J)]  discipline management practices or
  behavior management techniques under Section 37.0021;
                     (J) [(K)]  health and safety under Chapter 38;
                     (K) [(L)]  public school accountability under
  Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
                     (L) [(M)]  the requirement under Section 21.006
  to report an educator's misconduct;
                     (M) [(N)]  intensive programs of instruction
  under Section 28.0213;
                     (N) [(O)]  the right of a school employee to
  report a crime, as provided by Section 37.148;
                     (O) [(P)]  a parent's right to information
  regarding the provision of assistance for learning difficulties to
  the parent's child as provided by Sections 26.004(b)(11) and
  26.0081(c) and (d);
                     (P)  bullying prevention policies and procedures
  under Section 37.0832;
                     (Q)  the right of a school under Section 37.0052
  to place a student who has engaged in certain bullying behavior in a
  disciplinary alternative education program or to expel the student;
  and
                     (R)  the right under Section 37.0151 to report to
  local law enforcement certain conduct constituting assault or
  harassment.
         SECTION 2.  Section 25.085(d), Education Code, is amended to
  read as follows:
         (d)  Unless specifically exempted by Section 25.086, a
  student enrolled in a school district must attend:
               (1)  an extended-year program for which the student is
  eligible that is provided by the district for students identified
  as likely not to be promoted to the next grade level or tutorial
  classes required by the district under Section 29.084;
               (2)  an accelerated reading instruction program to
  which the student is assigned under Section 28.006(g);
               (3)  [an accelerated instruction program to which the
  student is assigned under Section 28.0211;
               [(4)] a basic skills program to which the student is
  assigned under Section 29.086; or
               (4) [(5)]  a summer program provided under Section
  37.008(l) or Section 37.021.
         SECTION 3.  Section 28.006(j), Education Code, is amended to
  read as follows:
         (j)  No more than 15 percent of the funds certified by the
  commissioner under Subsection (i) may be spent on indirect costs.
  [The commissioner shall evaluate the programs that fail to meet the
  standard of performance under Section 39.301(c)(5) and may
  implement interventions or sanctions under Chapter 39A.] The
  commissioner may audit the expenditures of funds appropriated for
  purposes of this section. The use of the funds appropriated for
  purposes of this section shall be verified as part of the district
  audit under Section 44.008.
         SECTION 4.  Section 28.021(c), Education Code, is amended to
  read as follows:
         (c)  In determining promotion under Subsection (a), a school
  district shall consider:
               (1)  the recommendation of the student's teacher;
               (2)  the student's grade in each subject or course; and
               (3)  [the student's score on an assessment instrument
  administered under Section 39.023(a), (b), or (l), to the extent
  applicable; and
               [(4)] any other necessary academic information, as
  determined by the district.
         SECTION 5.  Sections 28.0213(b) and (e), Education Code, are
  amended to read as follows:
         (b)  A school district shall design the intensive program of
  instruction described by Subsection (a) to enable the student to:
               (1)  [enable the student to:
                     [(A)]  to the extent practicable, perform at the
  student's grade level at the conclusion of the next regular school
  term; or
               (2) [(B)]  attain a standard of annual growth specified
  by the school district and reported by the district to the agency[;
  and]
               [(2) if applicable, carry out the purposes of Section
  28.0211].
         (e)  For a student in a special education program under
  Subchapter A, Chapter 29, who does not perform satisfactorily on an
  assessment instrument administered under Section 39.023(a), (b),
  or (c), the student's admission, review, and dismissal committee
  shall design the program to[:
               [(1)] enable the student to attain a standard of annual
  growth on the basis of the student's individualized education
  program[; and
               [(2) if applicable, carry out the purposes of Section
  28.0211].
         SECTION 6.  Section 28.0217, Education Code, is amended to
  read as follows:
         Sec. 28.0217.  ACCELERATED INSTRUCTION FOR HIGH SCHOOL
  STUDENTS. Each time a student fails to perform satisfactorily on an
  assessment instrument administered under Section 39.023(c), the
  school district in which the student attends school shall provide
  to the student accelerated instruction in the applicable subject
  area[, using funds appropriated for accelerated instruction under
  Section 28.0211]. Accelerated instruction may require
  participation of the student before or after normal school hours
  and may include participation at times of the year outside normal
  school operations.
         SECTION 7.  Section 29.094(g), Education Code, is amended to
  read as follows:
         (g)  Notwithstanding any other law, the commissioner shall
  provide funding for the pilot program using not more than $6 million
  of funding appropriated for purposes of former Section 28.0211.
         SECTION 8.  Section 39.023, Education Code, is amended by
  adding Subsection (a-10) to read as follows:
         (a-10)  Before an assessment instrument adopted or developed
  under Subsection (a) may be administered under that subsection, the
  assessment instrument must be evaluated by an independent group of
  qualified public school classroom teachers for readability within
  the grade level assessed. Each assessment item must be separately
  evaluated for readability within the grade level assessed before
  being field-tested. A determination of readability must consider
  available correlations with other assessments commonly used by
  Texas school districts and shall be verified by an independent
  group of qualified educators with classroom teaching experience.
         SECTION 9.  Section 39.054, Education Code, is amended by
  adding Subsections (a-4) and (a-5) to read as follows:
         (a-4)  Notwithstanding Subsection (a-1) or any other
  provision of law, until a state standardized assessment instrument
  is validated under Section 39.023(a-11), the commissioner may not
  consider student performance on the assessment instrument:
               (1)  in the evaluation of a school district's or
  campus's performance;
               (2)  in the assignment of a school district's or
  campus's performance rating; or 
               (3)  when determining the requirements for student
  advancement, grade level promotion, or high school graduation. 
         (a-5)  Subsection (a-4) expires September 1, 2021.
         SECTION 10.  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 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(c),
  the results of assessment instruments administered under that
  section, the percentage of students promoted through the grade
  placement committee process under Section 28.0211, 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 school year
  following that promotion on the assessment instruments required
  under Section 39.023;
               [(6)] the percentage of students of limited English
  proficiency exempted from the administration of an assessment
  instrument under Sections 39.027(a)(1) and (2);
               (6) [(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);
               (7) [(8)]  the percentage of students who satisfy the
  college readiness measure;
               (8) [(9)]  the measure of progress toward dual language
  proficiency under Section 39.034(b), for students of limited
  English proficiency, as defined by Section 29.052;
               (9) [(10)]  the percentage of students who are not
  educationally disadvantaged;
               (10) [(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
               (11) [(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 11.  Section 39.305(b), Education Code, is amended
  to read as follows:
         (b)  The report card shall include the following
  information:
               (1)  where applicable, the achievement indicators
  described by Section 39.053(c) and the reporting indicators
  described by Sections 39.301(c)(1) through (4) [(5)];
               (2)  average class size by grade level and subject;
               (3)  the administrative and instructional costs per
  student, computed in a manner consistent with Section 44.0071; and
               (4)  the district's instructional expenditures ratio
  and instructional employees ratio computed under Section 44.0071,
  and the statewide average of those ratios, as determined by the
  commissioner.
         SECTION 12.  The following provisions of the Education Code
  are repealed:
               (1)  Section 28.0211; and
               (2)  Section 39.0231.
         SECTION 13.  The changes in law made by this Act apply
  beginning with the 2019-2020 school year.
         SECTION 14.  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, 2019.
feedback