85R3482 MK-F     By: Guillen H.B. No. 79       A BILL TO BE ENTITLED   AN ACT   relating to the use of alternative assessment instruments for   students in a special education program of a public school   district.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 39, Education Code, is   amended by adding Section 39.02316 to read as follows:          Sec. 39.02316.  REQUIREMENTS RELATING TO ALTERNATIVE   ASSESSMENT DESIGNATION FOR STUDENTS IN SPECIAL EDUCATION PROGRAM;   CERTAIN USE OF INFORMATION PROHIBITED. The agency may not:                (1)  limit the percentage of students in a special   education program of a school district under Subchapter A, Chapter   29, who are appropriately assessed through alternative assessment   instruments based on state eligibility criteria; and                (2)  use the reported percentage of students in a   special education program of a school district under Subchapter A,   Chapter 29, who are assessed through the alternative assessment   instruments for performance, compliance, or accountability   purposes.          SECTION 2.  Section 39.053(c), Education Code, is amended to   read as follows:          (c)  School districts and campuses must be evaluated based on   five domains of indicators of achievement adopted under this   section 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:                      (A) [(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                      (B) [(ii)]  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                      [(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) [(1)(A)]:                      (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                      (B) [(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, 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:                            (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;                            (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.);                            (iii)  the percentage of students who   successfully completed the curriculum requirements for the   distinguished level of achievement under the foundation high school   program;                            (iv)  the percentage of students who   successfully completed the curriculum requirements for an   endorsement under Section 28.025(c-1);                            (v)  the percentage of students who   completed a coherent sequence of career and technical courses;                            (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);                            (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);                            (viii)  the percentage of students who have   completed an advanced placement course;                            (ix)  the percentage of students who enlist   in the armed forces of the United States; and                            (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                      (C)  any additional indicators of 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.          SECTION 3.  Section 39.057(a), Education Code, is amended to   read as follows:          (a)  The commissioner may authorize special accreditation   investigations to be conducted:                (1)  when excessive numbers of absences of students   eligible to be tested on state assessment instruments are   determined;                (2)  when excessive numbers of allowable exemptions   from the required state assessment instruments are determined;                (3)  in response to complaints submitted to the agency   with respect to alleged violations of civil rights or other   requirements imposed on the state by federal law or court order;                (4)  in response to established compliance reviews of   the district's financial accounting practices and state and federal   program requirements;                (5)  when extraordinary numbers of student placements   in disciplinary alternative education programs, other than   placements under Sections 37.006 and 37.007, are determined;                (6)  in response to an allegation involving a conflict   between members of the board of trustees or between the board and   the district administration if it appears that the conflict   involves a violation of a role or duty of the board members or the   administration clearly defined by this code;                (7)  when excessive numbers of students in special   education programs under Subchapter A, Chapter 29, are assessed   through alternative assessment instruments developed or adopted   under Section 39.023(b);                (8)  in response to an allegation regarding or an   analysis using a statistical method result indicating a possible   violation of an assessment instrument security procedure   established under Section 39.0301, including for the purpose of   investigating or auditing a school district under that section;                (9)  when a significant pattern of decreased academic   performance has developed as a result of the promotion in the   preceding two school years of students who did not perform   satisfactorily as determined by the commissioner under Section   39.0241(a) on assessment instruments administered under Section   39.023(a), (c), or (l);                (10)  when excessive numbers of students eligible to   enroll fail to complete an Algebra II course or any other advanced   course as determined by the commissioner;                (11)  when resource allocation practices as evaluated   under Section 39.0821 indicate a potential for significant   improvement in resource allocation;                (12)  when a disproportionate number of students of a   particular demographic group is graduating with a particular   endorsement under Section 28.025(c-1);                (13)  when an excessive number of students is   graduating with a particular endorsement under Section   28.025(c-1);                (14)  in response to a complaint submitted to the   agency with respect to alleged inaccurate data that is reported   through the Public Education Information Management System (PEIMS)   or through other reports required by state or federal law or rule or   court order and that is used by the agency to make a determination   relating to public school accountability, including accreditation,   under this chapter; or                (15)  as the commissioner otherwise determines   necessary.          SECTION 4.  This Act applies beginning with the 2017-2018   school year.          SECTION 5.  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.