85R20203 CAE-F     By: Huberty, Bonnen of Brazoria, Meyer H.B. No. 22     Substitute the following for H.B. No. 22:     By:  Bernal C.S.H.B. No. 22       A BILL TO BE ENTITLED   AN ACT   relating to public school accountability.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 11.252(a), Education Code, is amended to   read as follows:          (a)  Each school district shall have a district improvement   plan that is developed, evaluated, and revised annually, in   accordance with district policy, by the superintendent with the   assistance of the district-level committee established under   Section 11.251. The purpose of the district improvement plan is to   guide district and campus staff in the improvement of student   performance for all student groups in order to attain state   standards in respect to the domain [achievement] indicators adopted   under Section 39.053(c), other than the indicators that are locally   evaluated under Sections 39.053(c)(3)(A)(i) and (ii) [Sections   39.053(c)(1)-(4)]. The district improvement plan must include   provisions for:                (1)  a comprehensive needs assessment addressing   district student performance on the achievement indicators, and   other appropriate measures of performance, that are disaggregated   by all student groups served by the district, including categories   of ethnicity, socioeconomic status, sex, and populations served by   special programs, including students in special education programs   under Subchapter A, Chapter 29;                (2)  measurable district performance objectives for   all appropriate achievement indicators for all student   populations, including students in special education programs   under Subchapter A, Chapter 29, and other measures of student   performance that may be identified through the comprehensive needs   assessment;                (3)  strategies for improvement of student performance   that include:                      (A)  instructional methods for addressing the   needs of student groups not achieving their full potential;                      (B)  methods for addressing the needs of students   for special programs, including:                            (i)  suicide prevention programs, in   accordance with Subchapter O-1, Chapter 161, Health and Safety   Code, which includes a parental or guardian notification procedure;                            (ii)  conflict resolution programs;                            (iii)  violence prevention programs; and                            (iv)  dyslexia treatment programs;                      (C)  dropout reduction;                      (D)  integration of technology in instructional   and administrative programs;                      (E)  discipline management;                      (F)  staff development for professional staff of   the district;                      (G)  career education to assist students in   developing the knowledge, skills, and competencies necessary for a   broad range of career opportunities; and                      (H)  accelerated education;                (4)  strategies for providing to middle school, junior   high school, and high school students, those students' teachers and   school counselors, and those students' parents information about:                      (A)  higher education admissions and financial   aid opportunities;                      (B)  the TEXAS grant program and the Teach for   Texas grant program established under Chapter 56;                      (C)  the need for students to make informed   curriculum choices to be prepared for success beyond high school;   and                      (D)  sources of information on higher education   admissions and financial aid;                (5)  resources needed to implement identified   strategies;                (6)  staff responsible for ensuring the accomplishment   of each strategy;                (7)  timelines for ongoing monitoring of the   implementation of each improvement strategy;                (8)  formative evaluation criteria for determining   periodically whether strategies are resulting in intended   improvement of student performance; and                (9)  the policy under Section 38.0041 addressing sexual   abuse and other maltreatment of children.          SECTION 2.  Section 11.253(c), Education Code, is amended to   read as follows:          (c)  Each school year, the principal of each school campus,   with the assistance of the campus-level committee, shall develop,   review, and revise the campus improvement plan for the purpose of   improving student performance for all student populations,   including students in special education programs under Subchapter   A, Chapter 29, with respect to the relevant domain [achievement]   indicators adopted under Section 39.053(c) [Sections   39.053(c)(1)-(4)] and any other appropriate performance measures   for special needs populations.          SECTION 3.  Section 12.1013(c), Education Code, is amended   to read as follows:          (c)  The report must include the performance of each public   school in each class described by Subsection (b) as measured by the   domain [achievement] indicators adopted under Section 39.053(c)   [Sections 39.053(c)(1)-(4)] and student attrition rates.          SECTION 4.  Section 29.062(a), Education Code, is amended to   read as follows:          (a)  The legislature recognizes that compliance with this   subchapter is an imperative public necessity. Therefore, in   accordance with the policy of the state, the agency shall evaluate   the effectiveness of programs under this subchapter based on the   domain [achievement] indicators adopted under Section 39.053(c)   [Sections 39.053(c)(1)-(4)], including the results of assessment   instruments. The agency may combine evaluations under this section   with federal accountability measures concerning students of   limited English proficiency.          SECTION 5.  Section 29.202(a), Education Code, is amended to   read as follows:          (a)  A student is eligible to receive a public education   grant or to attend another public school in the district in which   the student resides under this subchapter if the student is   assigned to attend a public school campus assigned an unacceptable   performance rating that is made publicly available under Section   39.054 for:                (1)  the student achievement domain under Section   39.053(c)(1) [at which 50 percent or more of the students did not   perform satisfactorily on an assessment instrument administered   under Section 39.023(a) or (c) in any two of the preceding three   years]; and [or]                (2)  the school progress domain under Section   39.053(c)(2) [that, at any time in the preceding three years,   failed to satisfy any standard under Section 39.054(e)].          SECTION 6.  Subchapter B, Chapter 39, Education Code, is   amended by adding Section 39.0211 to read as follows:          Sec. 39.0211.  RULES. (a) The commissioner may adopt rules   as necessary to administer this chapter.          (b)  In adopting a rule under this chapter, the commissioner   shall solicit input statewide from persons who would likely be   affected by the proposed rule, including school district boards of   trustees, administrators and teachers employed by school   districts, parents of students enrolled in school districts, and   other interested stakeholders.          SECTION 7.  Section 39.052(b), Education Code, is amended to   read as follows:          (b)  In determining the accreditation status of a school   district, the commissioner:                (1)  shall evaluate and consider:                      (A)  performance on the domain [achievement]   indicators adopted under [described by] Section 39.053(c); and                      (B)  performance under the financial   accountability rating system developed under Subchapter D; and                (2)  may evaluate and consider:                      (A)  the district's compliance with statutory   requirements and requirements imposed by rule of the commissioner   or State Board of Education under specific statutory authority that   relate to:                            (i)  reporting data through the Public   Education Information Management System (PEIMS) or other reports   required by state or federal law or court order;                            (ii)  the high school graduation   requirements under Section 28.025; or                            (iii)  an item listed under Sections   7.056(e)(3)(C)-(I) that applies to the district;                      (B)  the effectiveness of the district's programs   for special populations; and                      (C)  the effectiveness of the district's career   and technology program.          SECTION 8.  Section 39.053, Education Code, is amended by   amending Subsections (a), (a-1), (b), (c), (c-1), (d-1), (f), (g),   (g-1), (g-2), and (i) and adding Subsections (c-3) and (c-4) to read   as follows:          (a)  The commissioner shall adopt a set of indicators of the   quality of learning and achievement, including the indicators in   each domain under Subsection (c). The commissioner periodically    [biennially] shall review the indicators for the consideration of   appropriate revisions.          (a-1)  The indicators adopted by the commissioner under   Subsection (a)[, including the indicators identified under   Subsection (c),] must measure and evaluate school 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 [in the domains described by   Subsection (c) and, for the domain described by Subsection (c)(5),   in accordance with local priorities and preferences].          (b)  Except for the indicators that are locally evaluated   under Subsection (c)(3)(A), performance [Performance] on the   [achievement] indicators in each domain adopted under Subsection   (c) [Subsections (c)(1)-(4)] shall be compared to   state-established standards. To the extent feasible, the [The]   indicators must be based on information that is disaggregated by   race, ethnicity, and socioeconomic status.          (c)  School districts and campuses must be evaluated based on   three [five] domains of indicators of achievement adopted under   this section that include:                (1)  in the student achievement [first] domain,   indicators of student achievement that must include [the results   of]:                      (A)  for evaluating the performance of districts   and campuses generally, indicators that account for:                            (i)  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) [(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]                            (ii) [(B)]  the results of assessment   instruments required under Section 39.023(b), as applicable for the   district and campus, [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;                            (iii)  the results of locally selected   assessment instruments, including the percentage of students who   performed satisfactorily on the assessment instruments, as   determined by the performance standard adopted by the commissioner,   to the extent that alternative assessments are available under   rules adopted by the commissioner;                            (iv)  students who successfully complete   courses in fine arts, physical education, or a language other than   English or other courses included in the enrichment curriculum   under Section 28.002(a)(2); and                            (v)  students who participate in   extracurricular activities, including University Interscholastic   League activities such as academic, fine arts, and athletic events   and foreign language, chess, and robotics clubs;                      (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 51.3062(f)   on an assessment instrument in reading or mathematics designated by   the Texas Higher Education Coordinating Board under Section   51.3062(c);                            (ii)  students who satisfy performance   standards as determined by the commissioner on advanced placement   tests, college entrance examinations, or similar assessment   instruments;                            (iii)  students who successfully complete a   dual credit course that satisfies a requirement under the   foundation high school program;                            (iv)  students who enlist in the armed   forces of the United States;                            (v)  students who successfully complete a   coherent sequence of courses that lead to a qualifying industry   certification as determined by the commissioner;                            (vi)  students admitted into a postsecondary   industry certification program that requires 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,   including completion 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), and (g-3);                            (x)  students who successfully complete the   distinguished level of achievement under Section 28.025(b-7); and                            (xi)  students who complete an associate   degree while enrolled in high school; and                      (C)  for evaluating the performance of middle and   junior high school campuses and districts that serve students   through the eighth grade, indicators that account for:                            (i)  students who satisfy performance   standards as determined by the commissioner, on advanced placement   tests, college entrance examinations, or similar assessment   instruments; and                            (ii)  students who drop out of school the   preceding school year and do not return by a date determined by the   commissioner, during the current school year;                (2)  in the school progress [second] domain, indicators   for effectiveness in promoting student learning, which must   include:                      (A)  for evaluating the performance of districts   and campuses generally, indicators that account 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, as determined by the commissioner, on [the] assessment   instruments designated[, as determined] by the commissioner,   including assessment instruments under Subdivisions (1)(A)(i) and   (ii) and, to the extent available, Subdivision (1)(A)(iii) and   English language proficiency assessments under Section   29.056(a)(2) [by rule or by the method for measuring annual   improvement under Section 39.034, aggregated across grade levels by   subject area]; [and]                            (ii)  students identified as a student of   limited English proficiency, as defined by Section 29.052, who   successfully exit a bilingual education or special language program   by meeting criteria as provided by Section 29.056(g) and complying   with any rule adopted by the commissioner regarding the development   of proficiency in more than one language [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];                            (iii)  students enrolled in grades one   through eight who successfully complete curriculum requirements   during the school year for promotion to the next grade level;                            (iv)  students enrolled in grade nine for   the first time who earn the credits required during that school year   for promotion to the next grade level; and                            (v)  students who complete varied, rigorous,   and relevant curricular options that lead to postsecondary success,   including completion of advanced placement courses or similar   courses;                      (B)  for middle, junior high, and high school   campuses and districts that serve students in grades 6 through 12,   an indicator that accounts for students who were administered an   advanced placement test, international baccalaureate examination,   college entrance examination, or preliminary college entrance   examination; and                      (C)  for evaluating relative performance, an   indicator that accounts for the performance of each district and   campus in the categories described by Paragraphs (A) and (B)   compared to districts or campuses with similar characteristics,   including:                            (i)  student socioeconomic status;                            (ii)  enrollment size;                            (iii)  surrounding community attributes;                            (iv)  district property wealth per student   in weighted average daily attendance; and                            (v)  access to programs and other   opportunities that promote career and college readiness [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 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                (3) [(5)]  in the school climate [fifth] domain,   indicators of school climate, which must include:                      (A)  for evaluating the performance of districts   and campuses generally, indicators that account for:                            (i)  three programs or specific categories   of performance related to community and student engagement locally   selected and evaluated as provided by Section 39.0546;                            (ii)  the results from a local evaluation of   school climate of districts and campuses, obtained through a   uniform method of data collection adopted by commissioner rule;                            (iii)  students who successfully complete at   least one endorsement under Section 28.025(c-1);                            (iv)  students who successfully complete a   coherent sequence of career and technical courses or a coherent   sequence of fine arts courses;                            (v)  educationally disadvantaged students   who successfully complete a postsecondary readiness course;                            (vi)  teacher quality as determined by the   commissioner, provided that any teacher quality indicator that   considers the performance of a teacher's students may not, in   considering student performance, attribute more than 25 percent of   student performance to student performance on assessment   instruments administered under Section 39.023; and                            (vii)  health and wellness as determined by   the commissioner;                      (B)  for campuses that serve students enrolled in   prekindergarten, an indicator that accounts for student   participation in full-day prekindergarten programs; and                      (C)  for campuses that serve students enrolled in   kindergarten through fifth grade, an indicator that accounts for   student participation in literacy and mathematics academies.          (c-1)  An indicator adopted under Subsection (c)(2) for the   school progress domain [(c)] that would measure improvements in   student, school district, or campus progress [achievement] cannot   negatively affect the commissioner's review of a school district or   campus if a student or the [that] district or campus is already   achieving at the highest level for that indicator.          (c-3)  For purposes of Subsection (c), the commissioner by   rule shall determine a method by which the performance of a student   newly enrolled in a school district or at a campus is excluded in   determining the performance rating of the district or campus under   Section 39.054(a).  In this subsection, "student newly enrolled"    means a student who transfers to a school district or campus in this   state from another state or country and who has not been previously   enrolled in a school district or at a campus in this state.          (c-4)  For purposes of evaluating the performance of a   district or campus under Subsection (c), the commissioner shall   determine a method by which the performance of a student is   attributed greater weight for each school year a student has been   continuously enrolled in the school district or at the campus, as   applicable.          (d-1)  In aggregating results of assessment instruments   across grade levels by subject in accordance with Subsection   (c)(1)(A)(i), the performance of a student enrolled below the high   school level on an assessment instrument required under Section   39.023(c) is included with results relating to other students   enrolled at the same grade level.          (f)  Not later than September 30 of each year or as soon   thereafter as possible [Annually], the commissioner shall define   the state standard for the current school year for each domain under   Subsection (c). In consultation with educators, parents, and   business and industry representatives, as necessary, the   commissioner shall establish and modify standards to continuously   improve student performance to achieve the goals of eliminating   achievement gaps based on race, ethnicity, and socioeconomic status   and to ensure this state is a national leader in preparing students   for postsecondary success [achievement indicator described by   Subsections (c)(1)-(4) and shall project the state standards for   each indicator for the following two school years. The   commissioner shall periodically raise the state standards for the   college readiness achievement indicator described by Subsection   (c)(1)(A)(ii) for accreditation as necessary to reach the goals of   achieving, by not later than the 2019-2020 school year:                [(1)     student performance in this state, disaggregated   by race, ethnicity, and socioeconomic status, that ranks nationally   in the top 10 states in terms of college readiness; and                [(2)     student performance with no significant   achievement gaps by race, ethnicity, and socioeconomic status].          (g)  In computing graduation or completion rates such as a   high school graduation rate under Subsection (c)(1)(B)(ix)    [defining the required state standard for the dropout rate   indicator described by 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 such as a   high school graduation rate under Subsection (c)(1)(B)(ix)   [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, unless the student graduates;                (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 an unschooled asylee    [refugees] or refugee [asylees] as defined by Section 39.027(a-1);                (5)  students whose initial enrollment in a public   school in this state occurred in grade 11 or 12;                (6)  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                (7) [(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 such as a high school   graduation rate under Subsection (c)(1)(B)(ix) [(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.          (i)  Each school district shall submit the data required for   the indicators adopted under this section to the [The] commissioner   to the extent necessary for assigning performance ratings under   Section 39.054 [by rule shall adopt accountability measures to be   used in assessing the progress of students who have failed to   perform satisfactorily as determined by the commissioner under   Section 39.0241(a) or under the college readiness standard as   determined under Section 39.0241 in the preceding school year on an   assessment instrument required under Section 39.023(a), (c), or   (l)].          SECTION 9.  Subchapter C, Chapter 39, Education Code, is   amended by adding Section 39.0531 to read as follows:          Sec. 39.0531.  SCHOOL CLIMATE SURVEY. (a) The commissioner   may incorporate a school climate survey as an indicator for the   school climate domain under Section 39.053(c)(3). A school climate   survey shall be administered to administrators and teachers   employed by school districts, students enrolled in school   districts, and parents of those students.          (b)  The commissioner may adopt rules to implement this   section, including rules to:                (1)  determine the format of the school climate survey;                (2)  determine the questions that the survey must   include;                (3)  establish a period during a school year in which   the survey must be conducted;                (4)  establish requirements for administering and   reporting the results of the survey; and                (5)  authorize the manner in which the survey may be   administered, including the local administration of the survey.          (c)  Notwithstanding any other provision of this code,   including Section 21.355, school climate survey information must be   reported to the agency in accordance with rules adopted by the   commissioner.          (d)  The commissioner may contract with a third party to   provide any service necessary under this section.          (e)  Not later than the 2021-2022 school year, the   commissioner shall determine the feasibility of incorporating   school climate survey information for use as an indicator for the   school climate domain under Section 39.053(c)(3). In order to   determine the feasibility, the commissioner shall implement the use   of school climate survey information in the 2018-2019 school year   and shall require the reporting of the survey information in the   2019-2020 and 2020-2021 school years. This subsection expires   September 1, 2022.          SECTION 10.  Subchapter C, Chapter 39, Education Code, is   amended by adding Section 39.0536 to read as follows:          Sec. 39.0536.  TEMPORARY PROVISION: ASSIGNMENT OF   PERFORMANCE RATINGS. (a) Notwithstanding any other law and   subject to Subsection (b), for the 2017-2018 and 2018-2019 school   years, the commissioner shall evaluate school district and campus   performance and assign each district and campus a performance   rating in accordance with the indicators, standards, procedures,   criteria, and calculations prescribed by the 2016 Accountability   Manual, adopted under 19 T.A.C. Section 97.1001, as that rule   existed March 31, 2017.          (b)  The commissioner by rule may adopt revisions to the 2016   Accountability Manual described by Subsection (a) for the 2017-2018   school year and 2018-2019 school year, provided that the   commissioner may revise:                (1)  dates and deadlines only as necessary; and                (2)  indicators, standards, procedures, criteria, and   calculations only to the extent required by federal law.          SECTION 11.  Sections 39.054(a), (a-1), (a-2), (a-3), (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 domain under Section 39.053(c) [Sections   39.053(c)(1)-(4)]. A [An overall or] domain performance rating of   A reflects exemplary performance. A [An overall or] domain   performance rating of B reflects recognized performance. A [An   overall or] domain performance rating of C reflects acceptable   performance.  A [An overall or] domain performance rating of D   reflects performance in need of improvement.  A domain performance   rating of [or] F reflects unacceptable performance.  A district may   not receive a [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 a [an overall   or] domain performance rating of A, B, [or] C, or D or exemplary,   recognized, or acceptable performance or performance in need of   improvement.          (a-1)  For purposes of assigning a domain [an overall]   performance rating under Subsection (a)[, the commissioner shall   attribute]:                (1)  the commissioner may adjust a domain performance   rating for a domain disaggregated by race, ethnicity, socioeconomic   status, or another factor by increasing the rating one level [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 the student achievement domain under Section   39.053(c)(1), not more than 50 percent of the domain performance   rating may be attributed to the indicators under Sections   39.053(c)(1)(A)(i) and (ii) [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 the school progress domain under Section   39.053(c)(2), not more than 50 percent of the domain performance   rating may be attributed to the indicator under Section   39.053(c)(2)(A)(i) [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)(A)(ii); and                      [(B)     25 percent to the remaining applicable   achievement indicators for the fourth domain under Section   39.053(c)(4)]; and                (4)  for the school climate domain under Section   39.053(c)(3), at least 50 percent of the domain performance rating   must be attributed to the indicator under Section   39.053(c)(3)(A)(i) [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)].          (a-2)  If the [The] commissioner determines a domain   performance rating increase adjustment is appropriate for a school   district or campus, the commissioner may increase the rating,   provided that the commissioner may not increase a rating more than   once and may not increase the rating more than one level [by rule   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 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 performance   ratings of each district and campus shall be made publicly   available as provided by rules adopted under this section. If a   district or campus received a [an overall or] domain performance   rating of D or F for the preceding school year, the commissioner   shall notify the district of a subsequent such designation on or   before June 15.          (c)  In evaluating school district and campus performance on   the [achievement] indicators for the student achievement domain   [performance on assessment instruments adopted] under Sections   39.053(c)(1)(A)(i) and (ii) and (c)(1)(B)(x) [39.053(c)(1) and   (2)] and the school progress domain [dropout rate indicator   adopted] under Section 39.053(c)(2)(A)(i) [Sections   39.053(c)(4)(A)(i) and (B)(ii)(a)], the commissioner shall   evaluate [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)  if necessary to address limited data available to   use in the calculations, 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 domain [achievement] indicators adopted   under Section 39.053(c) [Sections 39.053(c)(1)-(4)] to determine   school district and campus performance in relation to standards   established for each domain [indicator].          SECTION 12.  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 and   completion rates such as a high school graduation rate under   Subsection (c)(1)(B)(ix) [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 13.  Subchapter C, Chapter 39, Education Code, is   amended by adding Section 39.0541 to read as follows:          Sec. 39.0541.  ADOPTION OF INDICATORS AND STANDARDS. Before   September 30 of each school year, the commissioner shall adopt any   indicators and standards under this subchapter the commissioner   will use to evaluate school districts and campuses for that school   year.          SECTION 14.  Section 39.0546, Education Code, is amended to   read as follows:          Sec. 39.0546.  PERFORMANCE IN COMMUNITY AND STUDENT   ENGAGEMENT AS COMPONENT OF [OVERALL] DISTRICT AND CAMPUS RATING.   (a) For purposes of including the local evaluation of districts and   campuses under Section 39.053(c)(3)(A)(i) [39.053(c)(5)] and   assigning a domain performance [an overall] rating under Section   39.054, before the beginning of each school year:                (1)  each school district shall:                      (A)  select and report to the agency three   programs or categories under Section 39.0545(b)(1)[, as added by   Chapter 211 (H.B. 5), Acts of the 83rd Legislature, Regular   Session, 2013,] under which the district will evaluate district   performance;                      (B)  submit to the agency the criteria the   district will use to evaluate district performance and assign the   district a performance rating; and                      (C)  make the information described by Paragraphs   (A) and (B) available on the district's Internet website; and                (2)  each campus shall:                      (A)  select and report to the agency three   programs or categories under Section 39.0545(b)(1)[, as added by   Chapter 211 (H.B. 5), Acts of the 83rd Legislature, Regular   Session, 2013,] under which the campus will evaluate campus   performance;                      (B)  submit to the agency the criteria the campus   will use to evaluate campus performance and assign the campus a   performance rating; and                      (C)  make the information described by Paragraphs   (A) and (B) available on the Internet website of the campus.          (b)  Based on the evaluation under this section, each school   district shall assign the district and each campus shall assign the   campus a performance rating of A, B, C, D, or F, for both overall   performance and for each program or category evaluated.  An overall   or a program or category performance rating of A reflects exemplary   performance.  An overall or a program or category performance   rating of B reflects recognized performance.  An overall or a   program or category performance rating of C reflects acceptable   performance.  An overall or a program or category performance   rating of D reflects performance in need of improvement.  A program   or category performance rating of [or] F reflects unacceptable   performance.          (c)  On or before the date determined by the commissioner by   rule, each school district and campus shall report each performance   rating to the agency for the purpose of including the rating in   evaluating school districts and campuses under the school climate   domain under Section 39.053(c)(3) [district and campus   performance] and assigning a domain performance [an overall] rating   under Section 39.054.          SECTION 15.  Sections 39.0548(a), (b), and (c), Education   Code, are amended to read as follows:          (a)  For purposes of evaluating performance under Section   39.053(c), the commissioner shall designate as a dropout recovery   school a school district or an open-enrollment charter school or a   campus of a district or of an open-enrollment charter school:                (1)  that serves students in grades 9 through 12 and has   an enrollment of which at least 50 percent of the students are 15   [17] years of age or older as of September 1 of the school year as   reported for the fall semester Public Education Information   Management System (PEIMS) submission; and                (2)  that meets the eligibility requirements for and is   registered under alternative education accountability procedures   adopted by the commissioner.          (b)  Notwithstanding Section 39.053(c)(1)(B)(ix)   [39.053(c)(4)(A)(i)], the commissioner shall use the alternative   completion rate under this subsection to determine the graduation   [dropout] rate indicator under Section 39.053(c)(1)(B)(ix)   [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)(1)(B)(ix)   [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 16.  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 17.  Section 39.102(a), Education Code, is amended   to read as follows:          (a)  If a school district does not satisfy the accreditation   criteria under Section 39.052, has been assigned an unacceptable   [the academic] performance rating [standards] under Section   [39.053 or] 39.054 for the school progress domain under Section   39.053(c)(2), or does not satisfy any financial accountability   standard as determined by commissioner rule, or if considered   appropriate by the commissioner on the basis of a special   accreditation investigation under Section 39.057, the commissioner   shall take any of the following actions to the extent the   commissioner determines necessary:                (1)  issue public notice of the deficiency to the board   of trustees;                (2)  order a hearing conducted by the board of trustees   of the district for the purpose of notifying the public of the   insufficient performance, the improvements in performance expected   by the agency, and the interventions and sanctions that may be   imposed under this section if the performance does not improve;                (3)  order the preparation of an [a student   achievement] improvement plan that addresses the indicators for the   school progress domain [each academic achievement indicator] under   Section 39.053(c)(2) [39.053(c) for which the district's   performance is insufficient], the submission of the plan to the   commissioner for approval, and implementation of the plan;                (4)  order a hearing to be held before the commissioner   or the commissioner's designee at which the president of the board   of trustees of the district and the superintendent shall appear and   explain the district's low performance, lack of improvement, and   plans for improvement;                (5)  arrange a monitoring review of the district;                (6)  appoint an agency monitor to participate in and   report to the agency on the activities of the board of trustees or   the superintendent;                (7)  appoint a conservator to oversee the operations of   the district;                (8)  appoint a management team to direct the operations   of the district in areas of insufficient performance or require the   district to obtain certain services under a contract with another   person;                (9)  if a district has a current accreditation status   of accredited-warned or accredited-probation, has been assigned an   unacceptable performance rating [fails to satisfy any standard]   under Section 39.054 for the school progress domain under Section   39.053(c)(2) [39.054(e)], or fails to satisfy financial   accountability standards as determined by commissioner rule,   appoint a board of managers to exercise the powers and duties of the   board of trustees; or                (10)  if for two consecutive school years, including   the current school year, a district has received an accreditation   status of accredited-warned or accredited-probation, has been   assigned an unacceptable performance rating [failed to satisfy any   standard] under Section 39.054 for the school progress domain under   Section 39.053(c)(2) [39.054(e)], or has failed to satisfy   financial accountability standards as determined by commissioner   rule, revoke the district's accreditation and:                      (A)  order closure of the district and annex the   district to one or more adjoining districts under Section 13.054;   or                      (B)  in the case of a home-rule school district or   open-enrollment charter school, order closure of all programs   operated under the district's or school's charter[; or                [(11)     if a district has failed to satisfy any standard   under Section 39.054(e) due to the district's dropout rates, impose   sanctions designed to improve high school completion rates,   including:                      [(A)     ordering the development of a dropout   prevention plan for approval by the commissioner;                      [(B)     restructuring the district or appropriate   school campuses to improve identification of and service to   students who are at risk of dropping out of school, as defined by   Section 29.081;                      [(C)     ordering lower student-to-counselor ratios   on school campuses with high dropout rates; and                      [(D)     ordering the use of any other intervention   strategy effective in reducing dropout rates, including mentor   programs and flexible class scheduling].          SECTION 18.  Section 39.103(a), Education Code, is amended   to read as follows:          (a)  If a campus is assigned an unacceptable performance   rating [is below any standard] under Section 39.054 for the school   progress domain under Section 39.053(c)(2) [39.054(e)], the   commissioner shall take actions, to the extent the commissioner   determines necessary, as provided by this subchapter.          SECTION 19.  Section 39.105(a), Education Code, is amended   to read as follows:          (a)  This section applies if a campus performance satisfies   performance standards under Section 39.054(e) for the indicators   for the school progress domain under Section 39.053(c)(2) for the   current school year but would not satisfy performance standards   under Section 39.054(e) for those indicators if the standards to be   used for the following school year were applied to the current   school year. On request of the commissioner, the campus-level   committee established under Section 11.251 shall revise and submit   to the commissioner in an electronic format the portions of the   campus improvement plan developed under Section 11.253 that are   relevant to those areas for which the campus would not satisfy   performance standards.          SECTION 20.  Sections 39.106(a) and (e), Education Code, are   amended to read as follows:          (a)  If a campus [performance] is assigned an unacceptable   performance rating [below any standard] under Section 39.054 for   the school progress domain under Section 39.053(c)(2) [39.054(e)],   the commissioner shall assign a campus intervention team. A campus   intervention team shall:                (1)  conduct, with the involvement and advice of the   school community partnership team, if applicable:                      (A)  a targeted on-site needs assessment relevant   to an area of insufficient performance of the campus as provided by   Subsection (b); or                      (B)  if the commissioner determines necessary, a   comprehensive on-site needs assessment, using the procedures   provided by Subsection (b);                (2)  recommend appropriate actions as provided by   Subsection (c);                (3)  assist in the development of a targeted   improvement plan;                (4)  conduct a public meeting at the campus with the   campus principal, the members of the campus-level planning and   decision-making committee established under Section 11.251,   parents of students attending the campus, and community members   residing in the district to review the campus performance rating   and solicit input for the development of the targeted improvement   plan;                (5)  assist the campus in submitting the targeted   improvement plan to the board of trustees for approval and   presenting the plan in a public hearing as provided by Subsection   (e-1); and                (6)  assist the commissioner in monitoring the progress   of the campus in implementing the targeted improvement plan.          (e)  For each year a campus is assigned an unacceptable   performance rating under the school progress domain under Section   39.053(c)(2), a campus intervention team shall:                (1)  continue to work with a campus until:                      (A)  the campus is assigned a [satisfies all]   performance rating of at least acceptable [standards] under Section   39.054 for the school progress domain under Section 39.053(c)(2)   [39.054(e)] for a two-year period; or                      (B)  the campus is assigned a [satisfies all]   performance rating of at least acceptable [standards] under Section   39.054 for the school progress domain under Section 39.053(c)(2)   [39.054(e)] for a one-year period and the commissioner determines   that the campus is operating and will continue to operate in a   manner that improves student performance [achievement];                (2)  assist in updating the targeted improvement plan   to identify and analyze areas of growth and areas that require   improvement; and                (3)  submit each updated plan described by Subdivision   (2) to the board of trustees of the school district.          SECTION 21.  Section 39.107, Education Code, is amended by   amending Subsections (a), (a-2), (b), (b-4), (d), (e), (f), and   (g-1) and adding Subsections (b-10), (b-11), and (b-12) to read as   follows:          (a)  After a campus has been assigned an [been identified as]   unacceptable performance rating for the school progress domain   under Section 39.053(c)(2) for two consecutive school years, the   commissioner shall order the campus to prepare and submit a campus   turnaround plan.  The commissioner shall by rule establish   procedures governing the time and manner in which the campus must   submit the campus turnaround plan.          (a-2)  Before a campus turnaround plan is prepared and   submitted for approval to the board of trustees of the school   district, the district, in consultation with the campus   intervention team, shall:                (1)  provide notice to parents, the community, and   stakeholders that the campus has received an [academically]   unacceptable performance rating for the school progress domain   under Section 39.053(c)(2) for two consecutive years and will be   required to submit a campus turnaround plan; and                (2)  request assistance from parents, the community,   and stakeholders in developing the campus turnaround plan.          (b)  The school district, in consultation with the campus   intervention team, shall prepare the campus turnaround plan and   allow parents, the community, and stakeholders an opportunity to   review the plan before it is submitted for approval to the board of   trustees of the school district. The plan must include details on   the method for restructuring, reforming, or reconstituting the   campus. If the district determines that granting a district   charter under Section 12.0522 is appropriate for the campus, the   campus turnaround plan must provide information on the   implementation of the district charter. The plan must assist the   campus in implementing procedures to satisfy the [all] performance   standards required under Section 39.054(e) for the school progress   domain under Section 39.053(c)(2).          (b-4)  A campus turnaround plan developed under this section   must take effect not later than the school year following the third   consecutive school year that the campus has received an   [academically] unacceptable performance rating for the school   progress domain under Section 39.053(c)(2).          (b-10)  Not later than June 15 of each year, the commissioner   shall approve or reject in writing any campus turnaround plan   prepared and submitted to the commissioner by a school district. If   the commissioner rejects a campus turnaround plan, the commissioner   must include in the written rejection to the district a list of the   specific concerns regarding the plan that resulted in the   rejection.           (b-11)  If the commissioner rejects a campus turnaround   plan, the district must create a modified plan and request   assistance from agency staff.  The district must submit the   modified plan to the commissioner for approval not later than   August 15.  The commissioner shall notify the district in writing of   the commissioner's decision regarding the modified plan not later   than September 1.          (b-12)  If the agency assists or offers assistance to a   district in modifying a campus turnaround plan following a   rejection under Subsection (b-10), the agency may not recommend or   require participation by the district or the district board of   trustees in any initiative that does not directly relate to a   concern identified by the commissioner in the written rejection   under Subsection (b-10).          (d)  The commissioner may approve a campus turnaround plan,   including a campus turnaround plan modified under Subsection   (b-11), only if the commissioner determines that the campus will be   assigned at least an acceptable [satisfy all student] performance   rating [standards required] under Section 39.054 for the school   progress domain under Section 39.053(c)(2) [39.054(e)] not later   than the second year [the campus receives a performance rating]   following the implementation of the campus turnaround plan. If the   commissioner does not make this determination after reviewing the   school district's modified campus turnaround plan submitted under   Subsection (b-11), the commissioner shall order:                (1)  appointment of a board of managers to govern the   district as provided by Section 39.112(b);                (2)  alternative management of the campus under this   section; or                (3)  closure of the campus.          (e)  If a campus is assigned [considered to have] an   unacceptable performance rating under the school progress domain   under Section 39.053(c)(2) for three consecutive school years after   the campus is ordered to submit a campus turnaround plan under   Subsection (a), the commissioner, subject to Subsection (e-2),   shall order:                (1)  appointment of a board of managers to govern the   district as provided by Section 39.112(b); or                (2)  closure of the campus.          (f)  Notwithstanding Section 39.112(e), the commissioner may   remove a board of managers appointed to govern a district under this   section only if the campus that was the basis for the appointment of   the board of managers receives at least an [academically]   acceptable performance rating under the school progress domain   under Section 39.053(c)(2) for two consecutive school years.  If a   campus that was the basis for the appointment of a board of managers   receives an [academically] unacceptable performance rating under   the school progress domain under Section 39.053(c)(2) for two   additional consecutive years following the appointment of the board   of managers, the commissioner may remove the board of managers and,   in consultation with the local community, may appoint a new board of   managers to govern the district.          (g-1)  If the commissioner orders alternative management of   a campus under Subsection (d)(2), the school district shall execute   a contract with a managing entity for a term not to exceed five   years.  The commissioner may require a district to extend the term   of the contract if the commissioner determines that extending the   contract on expiration of the initial term is in the best interest   of the students attending the campus.  The terms of the contract   must be approved by the commissioner.  If a campus receives an   [academically] unacceptable performance rating under the school   progress domain under Section 39.053(c)(2) for two consecutive   school years after the managing entity assumes management of the   campus, the commissioner shall cancel the contract with the   managing entity.          SECTION 22.  Section 39.301(b), Education Code, is amended   to read as follows:          (b)  Performance on the indicators adopted under this   section shall be evaluated in the same manner provided for   evaluation of the domain [achievement] indicators under Section   39.053(c) [Sections 39.053(c)(1)-(4)].          SECTION 23.  (a)  Using available data from the 2017-2018   school year, the commissioner of education shall prepare a report   that, to the greatest extent possible, describes and lists the   domain performance ratings that would be assigned to each school   district and campus under Section 39.054, Education Code, as   amended by this Act, if the domain indicators described in Section   39.053(c), Education Code, as amended by this Act, were effective   during the 2017-2018 school year.          (b)  Using available data from the 2018-2019 school year, the   commissioner of education shall prepare a report that, to the   greatest extent possible, describes and lists the domain   performance ratings that would be assigned to each school district   and campus under Section 39.054, Education Code, as amended by this   Act, if the domain indicators described in Section 39.053(c),   Education Code, as amended by this Act, were effective during the   2018-2019 school year.          (c)  Each report required under this section must include   information concerning the extent to which those domain performance   ratings correlate with student demographic characteristics,   including:                (1)  economic status;                (2)  continuously enrolled status;                (3)  status as a student of limited English   proficiency, as defined by Section 29.052, Education Code; and                (4)  status as a student eligible to participate in a   special education program under Section 29.003(b), Education Code.          (d)  The commissioner of education shall submit a report   prepared as required by this section to the governor, lieutenant   governor, speaker of the house, and presiding officer of each   standing committee of the senate and house of representatives with   primary jurisdiction over primary and secondary education not later   than:                (1)  December 1, 2018, for a report prepared under   Subsection (a) of this section; and                (2)  December 1, 2019, for a report prepared under   Subsection (b) of this section.          (e)  This section expires December 31, 2019.          SECTION 24.  (a)  Except as provided by Subsection (b) of   this section, this Act applies beginning with the 2019-2020 school   year.          (b)  The section of this Act that requires the commissioner   of education to prepare a report not later than December 1, 2018,   and not later than December 1, 2019, regarding the assignment of   school district and campus performance ratings applies beginning   with the 2017-2018 school year.          SECTION 25.  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.