Bill Text: TX SR949 | 2017-2018 | 85th Legislature | Enrolled

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Bill Title: Suspending limitations on conference committee jurisdiction on HB 22.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2017-05-28 - Reported enrolled [SR949 Detail]

Download: Texas-2017-SR949-Enrolled.html

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By: Taylor of Galveston S.R. No. 949

SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 85th
Legislature, Regular Session, 2017, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on
House Bill 22 (public school accountability) to consider and take
action on the following matter:
(1) Senate Rule 12.03(3), is suspended to permit the
committee to add text on a matter that is not in disagreement in
proposed SECTION 8 of the bill, in added Section 39.053(c-3),
Education Code, to read as follows:
(c-3) Any standard for improvement determined by the
commissioner as described by Subsection (c)(2)(A) must allow for
appropriately crediting a student for growth if the student
performs at the highest achievement standard in the previous and
current school year.
Explanation: The addition is necessary to provide an
appropriate standard for measuring student growth in performance
on assessment instruments.
(2) Senate Rule 12.03(3), is suspended to permit the
committee to add text on a matter that is not in disagreement in
proposed SECTION 10 of the bill, in amended Section 39.054(a),
Education Code, by adding a sentence referencing added Section
39.0544, Education Code, 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)]. An overall or
domain performance rating of A reflects exemplary performance.
An overall or domain performance rating of B reflects recognized
performance. An overall or domain performance rating of C
reflects acceptable performance. An overall or domain
performance rating of D reflect performance that needs
improvement. An overall or domain performance rating of [or] F
reflects unacceptable performance. A district may not receive 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 an overall
performance rating of D or F, the commissioner shall assign the
campus an overall performance rating based on the school district
assigned performance rating under Section 39.0544. A reference
in law to an acceptable rating or acceptable performance includes
an overall or domain performance rating of A, B, [or] C, or D or
performance that is exemplary, recognized, or acceptable
performance or performance that needs improvement.
Explanation: The addition is necessary to incorporate the
local accountability system as a component in assigning
performance ratings.
(3) Senate Rule 12.03(3), is suspended to permit the
committee to add text on a matter that is not in disagreement in
proposed SECTION 10 of the bill, in amended Section 39.054(a-2),
Education Code, by adding a reference to added Section 39.0544,
Education Code, to read as follows:
(a-2) The commissioner by rule may [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 under Section 39.0544
and is not compensated for by a performance rating of A, B, or C
in another domain.
Explanation: The addition is necessary to provide a
reference to the local accountability system.
(4) Senate Rules 12.03(2) and (4), are suspended to
permit the committee to omit text that amended Section 39.0546,
Education Code, relating to performance in community and student
engagement as a component of district and campus rating, on a
matter that is not in disagreement, and add text on a matter that
is not included in either the house or senate version of the bill
by repealing in SECTION 19 of the bill Section 39.0546, Education
Code.
Explanation: The change is necessary to repeal Section
39.0546, Education Code, which is no longer necessary with the
addition of the local accountability system.
(5) Senate Rule 12.03(3), is suspended to permit the
committee to add text on a matter that is not in disagreement in
proposed SECTION 14 of the bill, in added Section 39.0544,
Education Code, 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) contain levels of performance that allow
for differentiation, with assigned standards for achieving the
differentiated levels;
(B) provide for the assignment of a letter
grade of A, B, C, D, or F; and
(C) meet 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 web site;
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.
(b) The commissioner shall develop a process to approve a
request by a school district or open-enrollment charter school to
assign campus performance ratings in accordance with this
section. Under that process, a district or school must obtain
approval of a local accountability plan submitted by the district
or school to the agency. A plan may be approved only if:
(1) after review, the agency determines the plan
meets the minimum requirements under this section and agency
rule;
(2) at the commissioner's discretion, an audit
conducted by the agency verifies the calculations included in the
plan; and
(3) subject to Subsection (d), a review panel
appointed under Subsection (c) approves the plan.
(c) The commissioner shall appoint a review panel for
purposes of Subsection (b)(3) that includes a majority of members
who are superintendents or members of the board of trustees or
governing body of school districts or open-enrollment charter
schools with approved local accountability plans.
(d) The requirement under Subsection (b)(3) applies only
after performance ratings are issued in August 2019 and only if
at least 10 school districts or open-enrollment charter schools
have obtained approval of locally developed accountability
plans.
(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.
Explanation: The addition is necessary to provide a
method to locally assess performance of campuses by school
districts and open-enrollment charter schools.
(6) Senate Rule 12.03(4), is suspended to permit the
committee to add text on a matter that is not included in either
the house or senate version of the bill in proposed SECTION 19 of
the bill by repealing Section 39.054(c), Education Code, as
effective September 1, 2017.
Explanation: The addition is necessary to repeal Section
39.054(c), Education Code, which is no longer necessary under the
modified performance evaluation system.
(7) Senate Rule 12.03(4), is suspended to permit the
committee to add text on a matter that is not included in either
the house or senate version of the bill in proposed SECTION 19 of
the bill by repealing Section 39.0545, Education Code.
Explanation: The addition is necessary to repeal Section
39.0545, Education Code, which is no longer necessary with the
addition of the local accountability system.
(8) Senate Rule 12.03(4), is suspended to permit the
committee to add text on a matter that is not included in either
the house or senate version of the bill in proposed SECTION 20 of
the bill to read as follows:
SECTION 1. If H.B. 1500, 85th Legislature, Regular
Session, 2017, becomes law, that law has no effect.
Explanation: The addition is necessary to avoid a
conflict in law.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 28, 2017, by the
following vote: Yeas 28, Nays 3.
_______________________________
Secretary of the Senate