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.