By: Huberty, et al. H.B. No. 22         (Senate Sponsor - Taylor of Galveston)          (In the Senate - Received from the House May 5, 2017;   May 11, 2017, read first time and referred to Committee on   Education; May 22, 2017, reported adversely, with favorable   Committee Substitute by the following vote:  Yeas 10, Nays 0;   May 22, 2017, sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR H.B. No. 22 By:  Taylor of Galveston     A BILL TO BE ENTITLED   AN ACT     relating to evaluating public school performance.          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 achievement indicators adopted under   Section 39.053(c) [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 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   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   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 issued an unacceptable   performance rating made publicly available under Section 39.054[:                [(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; or                [(2)     that, at any time in the preceding three years,   failed to satisfy any standard under Section 39.054(e)].          SECTION 6.  Chapter 39, Education Code, is amended by adding   Subchapter A to read as follows:   SUBCHAPTER A.  GENERAL PROVISIONS          Sec. 39.001.  RULES. The commissioner may adopt rules as   necessary to administer this chapter.          Sec. 39.002.  ADVISORY COMMITTEE.  An advisory committee   appointed under this chapter is not subject to Chapter 2110,   Government Code.          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 achievement indicators   described by Section 39.053 [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), (d-1), (f), (g), (g-1),   (g-2), and (i) and adding Subsection (c-3) to read as follows:          (a)  The commissioner shall adopt a set of indicators,   including indicators under Subsection (c), of the quality of   learning and achievement. The commissioner [biennially] shall   periodically 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)  Performance on the achievement indicators adopted under   Subsections (c)(1), (2), and (3)(B) and (C) [(c)(1)-(4)] shall be   compared to state-established standards. The indicators in   Subsections (c)(1) and (2) must be based on information that   considers academic achievement differentials among students,   including 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 may include [the results   of]:                      (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) [(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)  an indicator that accounts for the   results of [(B)] 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; 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 51.3062(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 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;                            (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; and                            (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), and (g-3);                (2)  in the school performance [second] domain,   indicators of student performance, which may include:                      (A)  for assessment instruments, including   assessment instruments under Subdivisions (1)(A)(i) and (ii)   [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 overall student performance, the   performance of districts or campuses compared to similar districts   or campuses [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 may include:                      (A)  three programs or specific categories of   performance related to community and student engagement locally   selected and evaluated as provided by Section 39.0546;                      (B)  the percentage of students who successfully   complete varied, rigorous, and relevant curricular options that   lead to postsecondary success, including successfully completing   advanced placement courses or other similar courses; and                      (C)  the percentage of students who successfully   complete a coherent sequence of:                            (i)  career and technical courses that lead   to industry certifications or college credit; or                            (ii)  fine arts courses.          (c-3)  For purposes of Subsection (c), the commissioner, to   the extent feasible, shall determine a method by which the   performance of students who have been continuously enrolled in a   school district or at a district campus, as applicable, as   determined by continuous enrollment criteria established by the   commissioner, shall be given greater weight in determining the   overall and domain performance rating of the district or campus   under Section 39.054 than the performance of students who do not   meet the continuous enrollment criteria established by the   commissioner.          (d-1)  In aggregating results of assessment instruments   across grade levels by subject in accordance with Subsections   (c)(1)(A)(i) and (ii) [Subsection (c)(1)], 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)  Annually, the commissioner shall define the state   standard for the current school year for each achievement indicator   adopted under this section. In consultation with educators,   parents, and business and industry representatives, the   commissioner shall establish and modify standards as necessary to   continuously improve student performance to achieve the goals of   eliminating achievement gaps based on race, ethnicity, and   socioeconomic status and to ensure Texas is a national leader in   preparing students for postsecondary success [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 [defining the required state standard for   the] dropout and completion rates such as high school graduation   rates under Subsection (c)(1)(B)(ix) [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 high   school graduation rates 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;                (3)  students in attendance who are not in membership   for purposes of average daily attendance;                (4)  students whose initial enrollment in a school in   the United States in grades 7 through 12 was as unschooled refugees   or asylees as defined by Section 39.027(a-1);                (5)  students who are in the district exclusively as a   function of having been detained at a county detention facility but   are otherwise not students of the district in which the facility is   located; and                (6)  students who are incarcerated in state jails and   federal penitentiaries as adults and as persons certified to stand   trial as adults.          (g-2)  In computing completion rates such as high school   graduation rates 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   [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 39.0533 to read as follows:          Sec. 39.0533.  EXTRACURRICULAR AND COCURRICULAR STUDENT   ACTIVITY INDICATOR. (a) The commissioner shall study the   feasibility of incorporating for evaluating school district and   campus performance under this subchapter an indicator that accounts   for extracurricular and cocurricular student activity.  If the   commissioner determines that an extracurricular and cocurricular   student activity indicator is appropriate, the commissioner may   adopt the indicator.          (b)  To determine the feasibility of adopting an indicator   under this section, the commissioner may require a school district   or campus to report requested information relating to   extracurricular and cocurricular student activity.          (c)  The commissioner may establish an advisory committee to   assist in determining the feasibility of incorporating an   extracurricular and cocurricular student activity indicator for   evaluating school district and campus performance.          (d)  Not later than December 1, 2022, the commissioner shall   report to the legislature on the feasibility of incorporating an   extracurricular and cocurricular student activity indicator,   unless the commissioner adopts an indicator under this section   before that date.          (e)  This section expires September 1, 2023.          SECTION 10.  Sections 39.054(a), (a-1), (a-2), (a-3), and   (e), Education Code, as effective on 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)].  An overall or domain performance rating of A   reflects exemplary performance.  An overall or domain performance   rating of B reflects recognized performance.  An overall or domain   performance rating of C reflects acceptable performance.  An   overall or domain performance rating of D or F reflects   unacceptable performance.  A district may not receive an overall or   domain performance rating of A if the district includes any campus   with a corresponding overall or domain performance rating of D or F.     A reference in law to an acceptable rating or acceptable   performance includes an overall or domain performance rating of A,   B, or C or exemplary, recognized, or acceptable performance.          (a-1)  For purposes of assigning:                (1)  an overall performance rating under Subsection   (a), the commissioner shall consider either performance under the   student achievement domain under Section 39.053(c)(1) or the school   performance domain under Section 39.053(c)(2), as designated by the   school district or campus by notice provided to the commissioner in   the manner provided by commissioner rule; and                (2)  a domain [an overall] performance rating under   Subsection (a) for the school climate domain, the commissioner   shall attribute 50[:                [(1)  55] percent of the domain performance rating    [evaluation] to the achievement indicator [indicators for the   first, second, and third domains] under Section 39.053(c)(3)(A)   [Sections 39.053(c)(1)-(3);                [(2)     for middle and junior high school and elementary   campuses and districts that include only those campuses, 35 percent   of the performance evaluation to the applicable achievement   indicators for the fourth domain under Section 39.053(c)(4);                [(3)     for high school campuses and districts that   include those campuses:                      [(A)     10 percent of the performance evaluation to   the high school graduation rate achievement indicator described by   Section 39.053(c)(4)(A)(ii); and                      [(B)     25 percent to the remaining applicable   achievement indicators for the fourth domain under Section   39.053(c)(4); and                [(4)     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)  The commissioner by rule may [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 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.]          (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, [Sections   39.053(c)(1)-(4)] to determine school district and campus   performance in relation to standards established for each   indicator.          SECTION 11.  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 and completion   rates such as high school graduation rates 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 12.  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. 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 13.  Section 39.0546(a), Education Code, is amended   to read as follows:          (a)  For purposes of including the local evaluation of   districts and campuses under Section 39.053(c)(3)(A)   [39.053(c)(5)] and assigning 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.          SECTION 14.  Sections 39.0548(b), (c), and (d), Education   Code, are amended to read as follows:          (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.          (d)  Notwithstanding Section 39.053(c), for purposes of   evaluating a dropout recovery school under the accountability   procedures adopted by the commissioner to determine the performance   rating of the school under Section 39.054,[:                [(1)]  only the best result from the primary   administration or any retake of an assessment instrument   administered to a student in the school year evaluated may be   considered[; and                [(2)     only a student enrolled continuously for at least   90 days during the school year evaluated may be considered].          SECTION 15.  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 16.  Subchapter E, Chapter 39, Education Code, is   amended by adding Section 39.118 to read as follows:          Sec. 39.118.  INTERVENTIONS AND SANCTIONS OF INCREASED   SEVERITY FOR CERTAIN DISTRICTS AND CAMPUSES. (a)  The commissioner   shall adopt rules to impose interventions and sanctions of   increased severity applicable only to a school district or campus   that is assigned a performance rating of F under Section 39.054.          (b)  The commissioner may not adopt a rule under this section   that conflicts with the imposition of a specific intervention or   sanction required by law.          SECTION 17.  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 achievement indicators under Sections   39.053(c)(1), (2), and (3)(B) and (C) [39.053(c)(1)-(4)].          SECTION 18.  Effective September 1, 2017, Section 39.054(c),   Education Code, as effective September 1, 2017, is repealed.          SECTION 19.  This Act applies beginning with the 2017-2018   school year.          SECTION 20.  Except as otherwise provided by this Act, 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.     * * * * *