85R11350 PAM-F
 
  By: Holland H.B. No. 2997
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to evaluation of public school performance.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 39.053, Education Code, is amended by
  amending Subsections (c), (g), (g-1), and (g-2) to read as follows:
         (c)  School districts and campuses must be evaluated based on
  the following [five] domains of indicators of achievement adopted
  under this section, of which the first, second, third, and fifth
  apply to middle and junior high school and elementary school
  campuses and districts that include those campuses and all of which
  apply to high school campuses and districts that include those
  campuses [that include]:
               (1)  in the first domain, the results of:
                     (A)  assessment instruments required under
  Sections 39.023(a), (c), and (l), including the results of
  assessment instruments required for graduation retaken by a
  student, aggregated across grade levels by subject area, including:
                           (i)  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
                           (ii)  for the college readiness performance
  standard as determined under Section 39.0241, the percentage of
  students who performed satisfactorily on the assessment
  instruments required under Section 39.023(c) only, aggregated
  across grade levels by subject area; and
                     (B)  assessment instruments required under
  Section 39.023(b), aggregated across grade levels by subject area,
  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;
               (2)  in the second domain:
                     (A)  for assessment instruments under Subdivision
  (1)(A):
                           (i)  for the performance standard determined
  by the commissioner under Section 39.0241(a), the percentage of
  students who met the standard for annual improvement on the
  assessment instruments, as determined by the commissioner by rule
  or by the method for measuring annual improvement under Section
  39.034, aggregated across grade levels by subject area; and
                           (ii)  for the college readiness performance
  standard as determined under Section 39.0241, the percentage of
  students who met the standard for annual improvement on the
  assessment instruments required under Section 39.023(c) only, as
  determined by the commissioner by rule or by the method for
  measuring annual improvement under Section 39.034, aggregated
  across grade levels by subject area; and
                     (B)  for assessment instruments under Subdivision
  (1)(B), the percentage of students who met the standard for annual
  improvement on the assessment instruments, as determined by the
  commissioner by rule or by the method for measuring annual
  improvement under Section 39.034, aggregated across grade levels by
  subject area;
               (3)  in the third domain, the student academic
  achievement differentials among students from different racial and
  ethnic groups and socioeconomic backgrounds;
               (4)  in the fourth domain,[:
                     [(A)]  for evaluating the performance of high
  school campuses and districts that include high school campuses:
                     (A) [(i)]  dropout rates, including dropout rates
  and district completion rates for grade levels 9 through 12,
  computed in accordance with standards and definitions adopted by
  the National Center for Education Statistics of the United States
  Department of Education;
                     (B) [(ii)]  high school graduation rates,
  computed in accordance with standards and definitions adopted in
  compliance with the Every Student Succeeds Act [No Child Left
  Behind Act of 2001] (20 U.S.C. Section 6301 et seq.);
                     (C) [(iii)]  the percentage of students who
  successfully completed the curriculum requirements for the
  distinguished level of achievement under the foundation high school
  program;
                     (D) [(iv)]  the percentage of students who
  successfully completed the curriculum requirements for an
  endorsement under Section 28.025(c-1);
                     (E) [(v)]  the percentage of students who
  completed a coherent sequence of career and technical courses;
                     (F) [(vi)]  the percentage of students who
  satisfy the Texas Success Initiative (TSI) college readiness
  benchmarks prescribed by the Texas Higher Education Coordinating
  Board under Section 51.3062(f) on an assessment instrument in
  reading, writing, or mathematics designated by the Texas Higher
  Education Coordinating Board under Section 51.3062(c);
                     (G) [(vii)]  the percentage of students who earn
  at least 12 hours of postsecondary credit required for the
  foundation high school program under Section 28.025 or to earn an
  endorsement under Section 28.025(c-1);
                     (H) [(viii)]  the percentage of students who have
  completed an advanced placement course;
                     (I) [(ix)]  the percentage of students who enlist
  in the armed forces of the United States; [and]
                     (J) [(x)]  the percentage of students who earn an
  industry certification;
                     [(B)     for evaluating the performance of middle and
  junior high school and elementary school campuses and districts
  that include those campuses:
                           [(i)  student attendance; and
                           [(ii)     for middle and junior high school
  campuses:
                                 [(a)     dropout rates, computed in the
  manner described by Paragraph (A)(i); and
                                 [(b)     the percentage of students in
  grades seven and eight who receive instruction in preparing for
  high school, college, and a career that includes information
  regarding the creation of a high school personal graduation plan
  under Section 28.02121, the distinguished level of achievement
  described by Section 28.025(b-15), each endorsement described by
  Section 28.025(c-1), college readiness standards, and potential
  career choices and the education needed to enter those careers;]
  and
                     (K) [(C)]  any additional indicators of
  secondary-level student achievement not associated with
  performance on standardized assessment instruments determined
  appropriate for consideration by the commissioner in consultation
  with educators, parents, business and industry representatives,
  and employers; and
               (5)  in the fifth domain, three programs or specific
  categories of performance related to community and student
  engagement locally selected and evaluated as provided by Section
  39.0546.
         (g)  In defining the required state standard for the dropout
  rate indicator described by Subsection (c)(4)(A) [Subsections
  (c)(4)(A)(i) and (B)(ii)(a)], the commissioner may not consider as
  a dropout a student whose failure to attend school results from:
               (1)  the student's expulsion under Section 37.007; and
               (2)  as applicable:
                     (A)  adjudication as having engaged in delinquent
  conduct or conduct indicating a need for supervision, as defined by
  Section 51.03, Family Code; or
                     (B)  conviction of and sentencing for an offense
  under the Penal Code.
         (g-1)  In computing dropout and completion rates under
  Subsection (c)(4)(A) [Subsections (c)(4)(A)(i) and (B)(ii)(a)],
  the commissioner shall exclude:
               (1)  students who are ordered by a court to attend a
  high school equivalency certificate program but who have not yet
  earned a high school equivalency certificate;
               (2)  students who were previously reported to the state
  as dropouts, including a student who is reported as a dropout,
  reenrolls, and drops out again, regardless of the number of times of
  reenrollment and dropping out;
               (3)  students in attendance who are not in membership
  for purposes of average daily attendance;
               (4)  students whose initial enrollment in a school in
  the United States in grades 7 through 12 was as unschooled refugees
  or asylees as defined by Section 39.027(a-1);
               (5)  students who are in the district exclusively as a
  function of having been detained at a county detention facility but
  are otherwise not students of the district in which the facility is
  located; and
               (6)  students who are incarcerated in state jails and
  federal penitentiaries as adults and as persons certified to stand
  trial as adults.
         (g-2)  In computing completion rates under Subsection
  (c)(4)(A) [(c)(2)], the commissioner shall exclude students who:
               (1)  are at least 18 years of age as of September 1 of
  the school year as reported for the fall semester Public Education
  Information Management System (PEIMS) submission and have
  satisfied the credit requirements for high school graduation;
               (2)  have not completed their individualized education
  program under 19 T.A.C. Section 89.1070(b)(2) and the Individuals
  with Disabilities Education Act (20 U.S.C. Section 1400 et seq.);
  and
               (3)  are enrolled and receiving individualized
  education program services.
         SECTION 2.  Sections 39.054(a), (a-1), (c), and (e),
  Education Code, as effective September 1, 2017, are amended 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 applicable domain under 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 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.  A reference in law to an
  acceptable rating or acceptable performance includes an overall or
  domain performance rating of A, B, or C or exemplary, recognized, or
  acceptable performance.
         (a-1)  For purposes of assigning an overall performance
  rating under Subsection (a), the commissioner shall attribute:
               (1)  55 percent of the performance evaluation to the
  achievement indicators for the first, second, and third domains
  under Sections 39.053(c)(1)-(3);
               (2)  [for middle and junior high school and elementary
  campuses and districts that include only those campuses, 35 percent
  of the performance evaluation to the applicable achievement
  indicators for the fourth domain under Section 39.053(c)(4);
               [(3)]  for high school campuses and districts that
  include those campuses:
                     (A)  10 percent of the performance evaluation to
  the high school graduation rate achievement indicator described by
  Section 39.053(c)(4)(B) [39.053(c)(4)(A)(ii)]; and
                     (B)  25 percent to the remaining applicable
  achievement indicators for the fourth domain under Section
  39.053(c)(4); [and]
               (3)  for middle and junior high school and elementary
  campuses and districts that include only those campuses, 45 percent
  of the performance evaluation to the locally selected and evaluated
  achievement indicators provided for under the fifth domain under
  Section 39.053(c)(5); and 
               (4)  for high school campuses and districts that
  include those campuses,  10 percent of the performance evaluation
  to the locally selected and evaluated achievement indicators
  provided for under the fifth domain under Section 39.053(c)(5).
         (c)  In evaluating school district and campus performance on
  the achievement indicators for student performance on assessment
  instruments adopted under Sections 39.053(c)(1) and (2) and the
  dropout rate indicator adopted under Section 39.053(c)(4)(A)
  [Sections 39.053(c)(4)(A)(i) and (B)(ii)(a)], the commissioner
  shall define acceptable performance as meeting the state standard
  determined by the commissioner under Section 39.053(f) for the
  current school year based on:
               (1)  student performance in the current school year; or
               (2)  student performance as averaged over the current
  school year and the preceding two school years.
         (e)  Each annual performance review under this section shall
  include an analysis of the applicable achievement indicators
  adopted under Sections 39.053(c)(1)-(4) to determine school
  district and campus performance in relation to standards
  established for each indicator.
         SECTION 3.  Section 39.054(f), Education Code, as effective
  September 1, 2017, is transferred to Section 39.053, Education
  Code, redesignated as Section 39.053(g-3), Education Code, and
  amended to read as follows:
         (g-3) [(f)]  In the computation of dropout rates under
  Subsection (c)(4)(A) [Sections 39.053(c)(4)(A)(i) and (B)(ii)(a)],
  a student who is released from a juvenile pre-adjudication secure
  detention facility or juvenile post-adjudication secure
  correctional facility and fails to enroll in school or a student who
  leaves a residential treatment center after receiving treatment for
  fewer than 85 days and fails to enroll in school may not be
  considered to have dropped out from the school district or campus
  serving the facility or center unless that district or campus is the
  one to which the student is regularly assigned.  The agency may not
  limit an appeal relating to dropout computations under this
  subsection.
         SECTION 4.  Sections 39.0548(b) and (c), Education Code, are
  amended to read as follows:
         (b)  Notwithstanding Section 39.053(c)(4)(A)
  [39.053(c)(4)(A)(i)], the commissioner shall use the alternative
  completion rate under this subsection to determine the dropout rate
  indicator under Section 39.053(c)(4)(A) [39.053(c)(4)(A)(i)] for a
  dropout recovery school.  The alternative completion rate shall be
  the ratio of the total number of students who graduate, continue
  attending school into the next academic year, or receive a high
  school equivalency certificate to the total number of students in
  the longitudinal cohort of students.
         (c)  Notwithstanding Section 39.053(c)(4)(A)
  [39.053(c)(4)(A)(i)], in determining the performance rating under
  Section 39.054 of a dropout recovery school, the commissioner shall
  include any student described by Section 39.053(g-1) who graduates
  or receives a high school equivalency certificate.
         SECTION 5.  Section 39.055, Education Code, is amended to
  read as follows:
         Sec. 39.055.  STUDENT ORDERED BY A JUVENILE COURT OR STUDENT
  IN RESIDENTIAL FACILITY NOT CONSIDERED FOR ACCOUNTABILITY
  PURPOSES.  Notwithstanding any other provision of this code except
  to the extent otherwise provided under Section 39.053(g-3)
  [39.054(f)], for purposes of determining the performance of a
  school district, campus, or open-enrollment charter school under
  this chapter, a student ordered by a juvenile court into a
  residential program or facility operated by or under contract with
  the Texas Juvenile Justice Department, a juvenile board, or any
  other governmental entity or any student who is receiving treatment
  in a residential facility is not considered to be a student of the
  school district in which the program or facility is physically
  located or of an open-enrollment charter school, as
  applicable.  The performance of such a student on an assessment
  instrument or other achievement indicator adopted under Section
  39.053 or reporting indicator adopted under Section 39.301 shall be
  determined, reported, and considered separately from the
  performance of students attending a school of the district in which
  the program or facility is physically located or an open-enrollment
  charter school, as applicable.
         SECTION 6.  This Act applies beginning with the 2017-2018
  school year.
         SECTION 7.  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, 2017.