89R10490 MEW-F     By: Frank H.B. No. 3796       A BILL TO BE ENTITLED   AN ACT   relating to public school accountability, including the   administration of assessment instruments in public schools, the   assignment of public school campus performance ratings, and the   creation of the Texas Commission on Public School Assessment and   Accountability.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 11.185(b), Education Code, is amended to   read as follows:          (b)  Each plan adopted under Subsection (a) must:                (1)  identify annual goals for students in each group   evaluated under the academic [closing the gaps] domain under   Section 39.053(c)(1)(C) [39.053(c)(3)];                (2)  include annual goals for aggregate student growth   on the third grade reading or mathematics assessment instrument, as   applicable, administered under Section 39.023 or on an alternative   assessment instrument determined by the board of trustees;                (3)  provide for targeted professional development for   classroom teachers in kindergarten or first, second, or third grade   who are assigned to campuses that the board of trustees identifies   as not meeting the plan's goals;                (4)  assign at least one district-level administrator   or employee of the regional education service center for the   district's region to:                      (A)  coordinate implementation of the plan; and                      (B)  submit an annual report to the board of   trustees on the district's progress toward the goals set under the   plan; and                (5)  be reviewed annually by the board of trustees at a   public meeting.          SECTION 2.  Section 11.186(b), Education Code, is amended to   read as follows:          (b)  Each plan adopted under Subsection (a) must:                (1)  identify annual goals for students in each group   evaluated under the academic [closing the gaps] domain under   Section 39.053(c)(1)(C) [39.053(c)(3)];                (2)  include annual goals for aggregate student growth   on [college, career, and military readiness] indicators evaluated   under the college, career, and military readiness [student   achievement] domain under Section 39.053(c)(2) [39.053(c)(1)];                (3)  assign at least one district-level administrator   or employee of the regional education service center for the   district's region to:                      (A)  coordinate implementation of the plan; and                      (B)  submit an annual report to the board of   trustees on the district's progress toward the goals set under the   plan; and                (4)  be reviewed annually by the board of trustees at a   public meeting.          SECTION 3.  Section 28.0211(a-8), Education Code, is amended   to read as follows:          (a-8)  A school district may not be required to provide   supplemental instruction under Subsection (a-1)(2) to a student in   more than two subject areas per school year.  If the district would   otherwise be required to provide supplemental instruction to a   student in more than two subject areas for a school year, the   district shall prioritize providing supplemental instruction to   the student in mathematics and reading[, or Algebra I, English I, or   English II, as applicable,] for that school year.          SECTION 4.  Section 29.190(a), Education Code, is amended to   read as follows:          (a)  A student is entitled to a subsidy under this section   if:                (1)  the student:                      (A)  successfully completes the career and   technology program of a school district in which the student   receives training and instruction for employment; or                      (B)  is enrolled in a special education program   under Subchapter A; and                (2)  the student passes a certification examination to   qualify for a license or certificate that is an industry   certification for purposes of Section 39.053(c)(2)(E)   [39.053(c)(1)(B)(v)], administered while the student is enrolled   in a school district.          SECTION 5.  Subchapter A, Chapter 39, Education Code, is   amended by adding Section 39.009 to read as follows:          Sec. 39.009.  REFERENCE TO SCHOOL DISTRICT PERFORMANCE   RATING. A reference in law to the performance rating of a school   district means the average of the performance ratings assigned to   each of the district's campuses under Section 39.054 for the   applicable school year.          SECTION 6.  Section 39.023, Education Code, is amended by   amending Subsections (a), (c), and (c-2) and adding Subsections   (a-5), (q), and (r) to read as follows:          (a)  The agency shall adopt or develop appropriate   criterion-referenced assessment instruments designed to assess   essential knowledge and skills in reading, mathematics, [social   studies,] and science. Except as provided by Subsection (a-2), all   students, other than students assessed under Subsection (b) or (l)   or exempted under Section 39.027, shall be assessed in:                (1)  mathematics, annually in grades three through   eight;                (2)  reading, annually in grades three through eight;                (3)  [social studies, in grade eight;                [(4)]  science, in grades five and eight; and                (4) [(5)]  any other subject and grade required by   federal law.          (a-5)  The commissioner shall apply to the United States   Department of Education for a waiver of the requirement under the   Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) to   administer the same assessment instruments to all public school   students.  If the United States Department of Education grants a   waiver described by this subsection, an assessment instrument   adopted or developed under Subsection (a) must:                (1)  provide for the assessment of a student at the   beginning, middle, and end of a school year, with the results of   each assessment providing:                      (A)  for the assessment administered at the   beginning and middle of the school year, growth projections for the   student; and                      (B)  for the assessment administered at the end of   the school year, an end-of-year growth analysis for the student;                (2)  be adaptive to each student such that the   assessment instrument appropriately measures each student's   performance and growth;                (3)  not later than 48 hours after the administration   of an assessment, provide detailed diagnostic reports of a   student's results that include recommendations for teachers   regarding practical interventions for low-performing students; and                (4)  provide cumulative data regarding assessment   results for each campus of a school district.          (c)  The agency shall also adopt end-of-course assessment   instruments for secondary-level courses in reading, mathematics,   and science only as necessary to comply with the Every Student   Succeeds Act (20 U.S.C. Section 6301 et seq.) to be administered   only as necessary to meet the minimum requirements of that Act   [Algebra I, biology, English I, English II, and United States   history.  The Algebra I end-of-course assessment instrument must   be administered with the aid of technology, but may include one or   more parts that prohibit the use of technology.  The English I and   English II end-of-course assessment instruments must each assess   essential knowledge and skills in both reading and writing and must   provide a single score].  A school district shall comply with State   Board of Education rules regarding administration of the assessment   instruments adopted under [listed in] this subsection.  If a   student is in a special education program under Subchapter A,   Chapter 29, the student's admission, review, and dismissal   committee shall determine whether any allowable modification is   necessary in administering to the student an assessment instrument   required under this subsection.  The State Board of Education shall   administer the assessment instruments.  An end-of-course   assessment instrument may be administered in multiple parts over   more than one day.  The State Board of Education shall adopt a   schedule for the administration of end-of-course assessment   instruments that complies with the requirements of Subsection   (c-3).          (c-2)  The agency may adopt end-of-course assessment   instruments for courses for which end-of-course assessment   instruments are not adopted under [not listed in] Subsection   (c).  A student's performance on an end-of-course assessment   instrument adopted under this subsection is not subject to the   performance requirements established under Subsection (c) or   Section 39.025.          (q)  Notwithstanding any provision of this section or other   law, if changes made to the Every Student Succeeds Act (20 U.S.C.   Section 6301 et seq.) reduce the number or frequency of assessment   instruments required to be administered to students, the State   Board of Education shall adopt rules reducing the number or   frequency of assessment instruments administered to students under   state law, and the commissioner shall ensure that students are not   assessed in subject areas or in grades that are no longer required   to meet the minimum requirements of that Act.          (r)  In adopting or developing assessment instruments under   this section, the agency shall consult with the Texas Commission on   Public School Assessment and Accountability established under   Subchapter N.  An assessment instrument may not be administered   under this section unless the commission, by a majority vote,   approves the assessment instrument.          SECTION 7.  Sections 39.025(a-1) and (a-3), Education Code,   are amended to read as follows:          (a-1)  A student enrolled in a college preparatory   mathematics or English language arts course under Section 28.014   who satisfies the Texas Success Initiative (TSI) college readiness   benchmarks prescribed by the Texas Higher Education Coordinating   Board under Section 51.334 on an assessment instrument designated   by the coordinating board under that section administered at the   end of the college preparatory mathematics or English language arts   course satisfies the requirements concerning and is exempt from the   administration of the mathematics or reading [Algebra I or the   English I and English II] end-of-course assessment instrument   [instruments], as applicable, [as prescribed by Section   39.023(c),] even if the student did not perform satisfactorily on a   previous administration of the applicable end-of-course assessment   instrument.  A student who fails to perform satisfactorily on the   assessment instrument designated by the coordinating board under   Section 51.334 administered as provided by this subsection may   retake that assessment instrument for purposes of this subsection   or may take the appropriate end-of-course assessment instrument.          (a-3)  A student who, after retaking an end-of-course   assessment instrument for mathematics [Algebra I] or reading   [English II], has failed to perform satisfactorily as required by   Subsection (a), but who receives a score of proficient on the Texas   Success Initiative (TSI) diagnostic assessment for the   corresponding subject for which the student failed to perform   satisfactorily on the end-of-course assessment instrument   satisfies the requirement concerning the mathematics [Algebra I] or   reading [English II] end-of-course assessment, as applicable.          SECTION 8.  Section 39.053, Education Code, is amended by   amending Subsections (a), (a-1), (b), and (c) and adding   Subsections (j) and (k) to read as follows:          (a)  Subject to Subsection (j), the [The] commissioner, in   collaboration with the commission, shall adopt a set of indicators   of the quality of learning, [and] achievement, and school quality,   including the indicators under Subsection (c).  The commissioner,   in collaboration with the commission, periodically shall review the   indicators for the consideration of appropriate revisions.          (a-1)  The indicators adopted [by the commissioner] under   Subsection (a) must measure and evaluate school district [districts   and] campuses with respect to:                (1)  improving student preparedness for success in:                      (A)  subsequent grade levels; and                      (B)  entering the workforce, the military, or   postsecondary education;                (2)  reducing, with the goal of eliminating, student   academic achievement differentials among students from different   racial and ethnic groups and socioeconomic backgrounds; and                (3)  informing parents and the community regarding   campus [and district] performance.          (b)  Performance on the achievement indicators adopted under   Subsections (c)(1) and (2) [Subsection (c)] shall be compared to   state-established standards.  The indicators must be based on   information that is disaggregated by race, ethnicity, and   socioeconomic status.          (c)  School district [districts and] campuses must be   evaluated based on, as applicable to the campus, three domains of   indicators of achievement adopted under this section that include:                (1)  in the academic [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]                      (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;                [(2)  in the] school progress [domain], indicators for   effectiveness in promoting student learning, which must measure a   student's growth as the student progresses in age and grade level   and include:                            (i) [(A)]  for assessment instruments,   including assessment instruments under Paragraphs (A)(i)   [Subdivisions (1)(A)(i)] and (ii), the percentage of students who   met the standard for improvement, as determined by the   commissioner; and                            (ii) [(B)]  for evaluating relative   performance, the performance of [districts and] campuses compared   to similar [districts or] campuses; and                      (C)  [(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:                            (i) [(A)]  students formerly receiving   special education services;                            (ii) [(B)]  students continuously enrolled;   and                            (iii) [(C)]  students who are mobile;                (2)  in the college, career, and military readiness   domain, for evaluating the performance of high school campuses,   indicators based on the college, career, and military readiness   outcomes described by Section 48.110 and that account for:                      (A)  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;                      (B)  students who satisfy relevant performance   standards on advanced placement tests or similar assessments;                      (C)  students who earn dual course credits in the   dual credit courses;                      (D)  students who enlist in the armed forces of   the United States or the Texas National Guard;                      (E)  students who earn industry certifications;                      (F)  students admitted into postsecondary   industry certification programs that require as a prerequisite for   entrance successful performance at the secondary level;                      (G)  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;                      (H)  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;                      (I)  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);                      (J)  students who successfully completed an   OnRamps dual enrollment course;                      (K)  students who successfully completed a   practicum or internship approved by the State Board of Education;                      (L)  students who are awarded an associate degree;                      (M)  students who successfully completed a   program of study in career and technical education;                      (N)  students who successfully complete the   necessary coursework or training to earn an industry credential   within two years of high school graduation;                      (O)  students who successfully complete an   internship of at least one year with a private business;                      (P)  students who successfully complete a Reserve   Officers' Training Corps (ROTC) program after high school   graduation; and                      (Q)  students who:                            (i)  successfully complete four years of   career and technical education; and                            (ii)  participate in the same program of   study during grades 11 and 12; and                (3)  in the value-added domain, indicators that must   include:                      (A)  indicators adopted by the commissioner, in   collaboration with the commission, that account for:                            (i)  student attendance rates;                            (ii)  the percentage of students   participating in University Interscholastic League or other   competitive activities;                            (iii)  the percentage of students   participating in student leadership organizations;                            (iv)  the percentage of students who qualify   for the National Honor Society, National Junior Honor Society,   National Technical Honor Society, and other similar societies;                            (v)  the percentage of students who qualify   for the National Merit Scholarship Program;                            (vi)  the number of career and technical   education pathways offered, categorized by campus size;                            (vii)  the number of parental engagement   activities focused on student achievement offered;                            (viii)  whether a campus is designated as a   Purple Star Campus under Section 33.909; and                            (ix)  the number of students who take the   ACT, the SAT, or the Classic Learning Test and the percentage of   students who scored above the state average on those assessments;   and                      (B)  indicators proposed by a school district or   campus not later than the summer before the school year for which   the indicator was proposed and approved by the commissioner, in   collaboration with the commission.          (j)  The commissioner may not adopt an indicator under this   section unless the commission, by a majority vote, approves the   indicator.          (k)  In this section, "commission" means the Texas   Commission on Public School Assessment and Accountability   established under Subchapter N.          SECTION 9.  Section 39.054, Education Code, is amended by   amending Subsections (a), (a-1), (a-2), (a-3), (a-4), (b), and (e)   and adding Subsections (f) and (g) to read as follows:          (a)  Except as provided by Subsection (a-4) and subject to   Subsection (f), the commissioner, in collaboration with the   commission, 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).  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 reflects   performance that needs improvement.  An overall or domain   performance rating of 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-1)  For purposes of assigning an overall performance   rating for a [district or] campus under Subsection (a), the   commissioner may not increase a [shall:                [(1)  consider either the district's or] campus's   performance rating more than one letter grade based on the campus's   performance under the value-added [student achievement domain   under Section 39.053(c)(1) or the school progress domain under   Section 39.053(c)(2), whichever performance rating is higher,   unless the district or campus received a performance rating of F in   either domain, in which case the district or campus may not be   assigned a performance rating higher than a B for the composite for   the two domains; and                [(2) attribute not less than 30 percent of the   performance rating to the closing the gaps] domain under Section   39.053(c)(3).          (a-2)  Subject to Subsection (f), the [The] commissioner by   rule may 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 this   section or [a campus under] Section 39.0544 and is not compensated   for by a performance rating of A, B, or C in another domain.          (a-3)  Not later than August 15 of each year, the following   information shall be made publicly available as provided by rules   adopted under this section:                (1)  the performance ratings for each school district   [and] campus; and                (2)  if applicable, the number of consecutive school   years of unacceptable performance ratings for each [district and]   campus.          (a-4)  Notwithstanding any other law, the commissioner may   assign a school district [or] campus 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.          (b)  For purposes of assigning school district [districts   and] campuses an overall and a domain performance rating under   Subsection (a), the commissioner shall ensure that the method used   to evaluate performance is implemented in a manner that provides   the mathematical possibility that all [districts and] campuses   receive an A rating.          (e)  Each annual performance review under this section shall   include an analysis of the achievement indicators adopted under   Section 39.053, including Subsection (c) of that section, to   determine school district [and] campus performance in relation to   standards established for each indicator.          (f)  The commissioner may not adopt a rule relating to   evaluating school district campus performance under this section   unless the commission, by a majority vote, approves the rule.          (g)  In this section, "commission" means the Texas   Commission on Public School Assessment and Accountability   established under Subchapter N.          SECTION 10.  Section 39.0541, Education Code, is amended to   read as follows:          Sec. 39.0541.  ADOPTION OF INDICATORS AND STANDARDS.     Subject to Section 39.054(f), the [The] commissioner may adopt   indicators and standards under this subchapter at any time during a   school year before the evaluation of a school district [or] campus.          SECTION 11.  Section 39.0545(b), Education Code, is amended   to read as follows:          (b)  Notwithstanding any other law, the commissioner shall   adopt rules to develop and implement alternative methods and   standards for evaluating the performance for the 2020-2021 school   year of a campus to which this section applies.  The rules adopted   under this section must evaluate a campus under the domains of   indicators of achievement listed in former Sections 39.053(c)(1)   and (2), as those sections existed January 1, 2025.          SECTION 12.  Sections 39.0548(b) and (c), Education Code,   are amended to read as follows:          (b)  Notwithstanding Section 39.053(c)(2)(I)   [39.053(c)(1)(B)(ix)], the commissioner shall use the alternative   completion rate under this subsection to determine the graduation   rate indicator under that paragraph [Section 39.053(c)(1)(B)(ix)]   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)(2)(I)   [39.053(c)(1)(B)(ix)], 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 13.  Section 39.203(c), Education Code, is amended   to read as follows:          (c)  In addition to the distinction designations described   by Subsections (a) and (b), a campus that satisfies the criteria   developed under Section 39.204 shall be awarded a distinction   designation by the commissioner for outstanding performance in   academic achievement in reading [English language arts],   mathematics, or science[, or social studies].          SECTION 14.  Chapter 39, Education Code, is amended by   adding Subchapter N to read as follows:   SUBCHAPTER N.  TEXAS COMMISSION ON PUBLIC SCHOOL ASSESSMENT AND   ACCOUNTABILITY          Sec. 39.451.  DEFINITION.  In this subchapter, "commission"   means the Texas Commission on Public School Assessment and   Accountability.          Sec. 39.452.  TEXAS COMMISSION ON PUBLIC SCHOOL ASSESSMENT   AND ACCOUNTABILITY.  (a)  The commission is established to:                (1)  develop, implement, and supervise the public   school assessment and accountability systems; and                (2)  develop new methods to assess student performance   and public schools.          (b)  The commission is composed of 65 members, consisting of:                (1)  one member appointed by the governor;                (2)  one member appointed by the lieutenant governor;                (3)  one member appointed by the speaker of the house of   representatives;                (4)  two members appointed by the State Board of   Education; and                (5)  three members appointed by each regional education   service center as follows, to the extent reasonably practicable:                      (A)  a representative of a small school district   in the region served by the center;                      (B)  a representative of a mid-sized school   district in the region served by the center; and                      (C)  a representative of a large school district   in the region served by the center.          (c)  The members appointed by the governor, lieutenant   governor, or speaker of the house of representatives must have a   background in public education and be one of the following:                (1)  an administrator in the public school system;                (2)  a person with a substantive background in public   school assessment and accountability;                (3)  a member of the business community;                (4)  a person who is a current or retired classroom   teacher with at least 10 years of teaching experience and who   specializes or specialized in special education, bilingual   education, or career and technology education;                (5)  an elected member of the board of trustees of a   school district; or                (6)  a parent of a student in the public school system.          (d)  In making appointments under Subsections (b)(1), (2),   and (3), the governor, lieutenant governor, and speaker of the   house of representatives shall coordinate to ensure that the   membership of the commission reflects, to the extent possible, the   ethnic and geographic diversity of this state.          Sec. 39.453.  TERMS.  Members of the commission serve   staggered six-year terms, with the terms of approximately one-third   of the members expiring June 1 of each odd-numbered year.          Sec. 39.454.  PRESIDING OFFICER.  The governor shall   designate the presiding officer of the commission.          Sec. 39.455.  COMPENSATION AND REIMBURSEMENT.  A commission   member is not entitled to compensation for service on the   commission but is entitled to reimbursement for actual and   necessary expenses incurred in performing commission duties.          Sec. 39.456.  ADMINISTRATIVE SUPPORT AND FUNDING.  (a)  The   agency shall provide administrative support for the commission.          (b)  Funding for the administrative and operational expenses   of the commission shall be provided by legislative appropriation   made to the agency for that purpose.          Sec. 39.457.  DUTIES.  (a)  The commission shall collaborate   with the commissioner to develop:                (1)  assessment instruments under Section 39.023;                (2)  the performance indicators under Section 39.053;   and                (3)  rules to evaluate school district campuses under   Section 39.054.          (b)  The commission may establish one or more committees   composed of not more than 13 commission members to study, discuss,   and address specific policy issues and recommendations to refer to   the commission for consideration.          (c)  The commission may consult with any accountability or   assessment workgroup established by the agency or other subject   matter experts.          Sec. 39.458.  RECOMMENDATIONS. The commission may develop   recommendations to address issues related to the public school   assessment and accountability systems, including:                (1)  the development of a formative assessment system   that provides for:                      (A)  assessments to be administered to students at   the beginning, middle, and end of a school year;                      (B)  a student whose performance on an assessment   indicates that the student is proficient in the required skills for   that grade level to be exempt from further assessments in those   skills during that school year;                      (C)  criterion-referenced, adaptive assessments   aligned to grade-level standards;                      (D)  student-specific feedback and recommended   interventions within 48 hours of the administration of an   assessment; and                      (E)  growth projections and end-of-year growth   analysis for an individual student in addition to cumulative data   at the campus level;                (2)  changes to the performance indicators adopted   under Section 39.053(c); and                (3)  changes to the rules for evaluating school   district campuses under Section 39.054.          SECTION 15.  Section 39A.065(a), Education Code, is amended   to read as follows:          (a)  A school [district, open-enrollment charter school,]   district campus[,] or open-enrollment charter school campus that is   assigned a rating of D that qualifies under Section 39.0543(b)   shall develop and implement a local improvement plan.          SECTION 16.  Section 39A.113(a), Education Code, is amended   to read as follows:          (a)  If the commissioner orders the closure of a campus under   this subchapter, that campus may be repurposed to serve students at   that campus location only if the commissioner:                (1)  finds that the repurposed campus offers a   distinctly different academic program and:                      (A)  serves a majority of grade levels not served   at the original campus; or                      (B)  is operated under a contract, approved by the   school district board of trustees, with a nonprofit organization   exempt from federal taxation under Section 501(c)(3), Internal   Revenue Code of 1986, that:                            (i)  has a governing board that is   independent of the district; and                            (ii)  has a successful history of operating   school district campuses or open-enrollment charter schools:                                  (a)  that cumulatively serve 10,000 or   more students; and                                  (b)  a majority of which have been   assigned an overall performance rating of B or higher under Section   39.054 for the preceding school year; and                            [(iii)  has been assigned an overall   performance rating of B or higher under Section 39.054 for the   preceding school year; and]                (2)  approves a new campus identification number for   the repurposed campus.          SECTION 17.  Section 39A.117(b), Education Code, is amended   to read as follows:          (b)  The [As soon as practicable after the effective date of   S.B. 1365, 87th Legislature, Regular Session, 2021, or similar   legislation, the] commissioner shall:                (1)  determine the number of school years of   unacceptable performance ratings occurring after the 2012-2013   school year for each school [district, open-enrollment charter   school,] district campus[,] or open-enrollment charter school   campus by determining the number of unacceptable performance   ratings assigned to each [district, charter school,] district   [campus,] or charter school campus since the most recent acceptable   performance rating was assigned to the [district, charter school,]   district [campus,] or charter school campus; and                (2)  use the number of school years of unacceptable   performance ratings as the base number of consecutive years of   unacceptable performance for which the performance rating in the   2021-2022 school year will be added.          SECTION 18.  Sections 39A.118(a) and (f), Education Code,   are amended to read as follows:          (a)  Until another performance rating is issued, the agency   may not implement the intervention or sanctions listed under   Subsection (b) for a school [district, open-enrollment charter   school,] district campus[,] or open-enrollment charter school   campus, if the performance rating initiating the action under   Subsection (b) is based on the first or second overall performance   rating of D, since previously receiving a rating of C or higher.          (f)  For purposes of Subsection (a), a school [district,   open-enrollment charter school,] district campus[,] or   open-enrollment charter school campus that has never previously   been assigned an overall performance rating shall be considered to   have previously received an overall performance rating of C or   higher.          SECTION 19.  Section 39A.901(b), Education Code, is amended   to read as follows:          (b)  The commissioner must review at least annually the   performance of a school district for which the accreditation status   [or performance rating] has been lowered due to insufficient   student performance and may not raise the accreditation status [or   performance rating] until the district has demonstrated improved   student performance.          SECTION 20.  Section 39.023(c-9), Education Code, is   repealed.          SECTION 21.  This Act applies beginning with the 2026-2027   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, 2025.