85R1062 GCB-D     By: Guillen H.B. No. 61       A BILL TO BE ENTITLED   AN ACT   relating to consideration under the public school accountability   system of performance on assessment instruments by certain students   formerly receiving special education services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 39.053, Education Code, is amended by   amending Subsection (c) and adding Subsection (g-3) 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:                            (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, 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, 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                            (iii)  the percentage of students formerly   receiving special education services who achieved satisfactory   academic performance for those students, as determined by   commissioner rule, on assessment instruments administered under   Section 39.023 in grades three through eight; 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.          (g-3)  For purposes of Subsection (c)(4)(B)(iii), a student   formerly receiving special education services means a student whose   enrollment information:                (1)  for the preceding year, as reported through the   Public Education Information Management System (PEIMS), indicates   the student was enrolled at the campus and was participating in a   special education program; and                (2)  for the current year, as reported through the   Public Education Information Management System (PEIMS) and as   reported on assessment instruments administered to the student   under Section 39.023, indicates the student is enrolled at the   campus and is not participating in a special education program.          SECTION 2.  Section 39.202, Education Code, is amended to   read as follows:          Sec. 39.202.  ACADEMIC DISTINCTION DESIGNATION FOR   DISTRICTS AND CAMPUSES. (a)  The commissioner by rule shall   establish an academic distinction designation for districts and   campuses for outstanding performance in attainment of   postsecondary readiness.  The commissioner shall adopt criteria   for the designation under this section, including:                (1)  percentages of students who:                      (A)  performed satisfactorily, as determined   under the college readiness performance standard under Section   39.0241, on assessment instruments required under Section   39.023(a), (b), (c), or (l), aggregated across grade levels by   subject area; or                      (B)  met the standard for annual improvement, as   determined by the agency under Section 39.034, on assessment   instruments required under Section 39.023(a), (b), (c), or (l),   aggregated across grade levels by subject area, for students who   did not perform satisfactorily as described by Paragraph (A);                (2)  percentages of:                      (A)  students who earned a nationally or   internationally recognized business or industry certification or   license;                      (B)  students who completed a coherent sequence of   career and technical courses;                      (C)  students who completed a dual credit course   or an articulated postsecondary course provided for local credit;                      (D)  students who achieved applicable College   Readiness Benchmarks or the equivalent on the Preliminary   Scholastic Assessment Test (PSAT), the Scholastic Assessment Test   (SAT), the American College Test (ACT), or the ACT-Plan assessment   program; [and]                      (E)  students who received a score on either an   advanced placement test or an international baccalaureate   examination to be awarded college credit; and                      (F)  students formerly receiving special   education services who achieved satisfactory academic performance   for those students, as determined by commissioner rule, on   assessment instruments administered under Section 39.023 in grades   three through eight; and                (3)  other factors for determining sufficient student   attainment of postsecondary readiness.          (b)  For purposes of Subsection (a)(2)(F), a student   formerly receiving special education services is a student whose   enrollment information:                (1)  for the preceding year, as reported through the   Public Education Information Management System (PEIMS), indicates   the student was enrolled in the district and was participating in a   special education program; and                (2)  for the current year, as reported through the   Public Education Information Management System (PEIMS) and as   reported on assessment instruments administered to the student   under Section 39.023, indicates the student is enrolled in the   district and is not participating in a special education program.          SECTION 3.  This Act applies beginning with the 2017-2018   school year.          SECTION 4.  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.