HB2866 - Relating to public school accountability and actions and other proceedings challenging the operations of the public school system.

  89R5299 AMF-D     By: Leo Wilson H.B. No. 2866       A BILL TO BE ENTITLED   AN ACT   relating to public school accountability and actions and other   proceedings challenging the operations of the public school system.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 7.057, Education Code, is amended by   amending Subsection (d) and adding Subsection (d-1) to read as   follows:          (d)  A person aggrieved by an action of the agency or   decision of the commissioner under this section may appeal to a   district court in Travis County. An appeal must be made by serving   the commissioner with citation issued and served in the manner   provided by law for civil suits. The petition must state the action   or decision from which the appeal is taken. At trial, the court   shall determine all issues of law and fact, except as provided by   Section 33.081(g).           (d-1)     Notwithstanding Subsection (d), a school district may   make an appeal under that subsection only if the district is   aggrieved by a decision of the commissioner.          SECTION 2.  Section 11.182(b), Education Code, is amended to   read as follows:          (b)  A board of trustees may determine whether to use the   evaluation tool, except as required by Section 39A.002  [ 39.102(a) ].          SECTION 3.  Section 39.023(a-11), Education Code, is amended   to read as follows:          (a-11)  Before an assessment instrument adopted or developed   under Subsection (a) may be administered under that subsection, the   assessment instrument must, on the basis of empirical evidence, be   determined to be valid and reliable by an entity that is , as   determined by the commissioner, independent of the agency and of   any other entity that developed the assessment instrument.          SECTION 4.  Section 39.054(b-1), Education Code, is   transferred to Section 39.052, Education Code, redesignated as   Section 39.052(b-1), Education Code, and amended to read as   follows:          (b-1)  Consideration of the effectiveness of district   programs under Subsection (b)(2)(B) [ Section 39.052(b)(2)(B) ] or   (C):                (1)  must:                      (A)  be based on data collected through the Public   Education Information Management System (PEIMS) for purposes of   accountability under this chapter; and                      (B)  include the results of assessments required   under Section 39.023; and                (2)  may be based on the results of a special   investigation conducted under Section 39.003.          SECTION 5.  Section 39.053, Education Code, is amended by   amending Subsections (a), (c), and (f) and adding Subsections   (c-4), (f-1), (f-2), (f-3), and (f-4) to read as follows:          (a)  The commissioner shall adopt a set of indicators of the   quality of learning and achievement, including the indicators under   Subsection (c). The commissioner periodically shall review the   indicators for the consideration of appropriate revisions and may,   if the commissioner determines an indicator otherwise required   under this subchapter is not valid or reliable, exclude the   indicator from the set of indicators adopted under this section .          (c)  School districts and campuses must be evaluated based on   three domains of indicators of achievement adopted under this   section that include:                (1)  in the student achievement domain, indicators of   student achievement that must include:                      (A)  for evaluating the performance of districts   and campuses generally:                            (i)  an indicator that accounts for the   results of assessment instruments required under Sections   39.023(a), (c), and (l), as applicable for the district and campus,   including the results of assessment instruments required for   graduation retaken by a student, aggregated across grade levels by   subject area, including:                                  (a)  for the performance standard   determined by the commissioner under Section 39.0241(a), the   percentage of students who performed satisfactorily on the   assessment instruments, aggregated across grade levels by subject   area; and                                  (b)  for the college readiness   performance standard as determined under Section 39.0241, the   percentage of students who performed satisfactorily on the   assessment instruments, aggregated across grade levels by subject   area; and                            (ii)  an indicator that accounts for the   results of assessment instruments required under Section   39.023(b), as applicable for the district and campus, including the   percentage of students who performed satisfactorily on the   assessment instruments, as determined by the performance standard   adopted by the agency, aggregated across grade levels by subject   area; and                      (B)  for evaluating the performance of high school   campuses and districts that include high school campuses,   indicators that account for:                            (i)  students who satisfy the Texas Success   Initiative (TSI) college readiness benchmarks prescribed by the   Texas Higher Education Coordinating Board under Section 51.334 on   an assessment instrument in reading or mathematics designated by   the coordinating board under that section;                            (ii)  students who satisfy relevant   performance standards on advanced placement tests or similar   assessments;                            (iii)  students who earn dual course credits   in the dual credit courses;                            (iv)  students who demonstrate military   readiness:                                   (a)  through verified enlistment   [ enlist ] in the armed forces of the United States or the Texas   National Guard; or                                   (b)     by achieving a passing score set   by the commissioner on the Armed Services Vocational Aptitude   Battery Test and successfully completing a Junior Reserve Officer   Training Corps program;                            (v)  students who earn industry   certifications;                            (vi)  students admitted into postsecondary   industry certification programs that require as a prerequisite for   entrance successful performance at the secondary level;                            (vii)  students whose successful completion   of a course or courses under Section 28.014 indicates the student's   preparation to enroll and succeed, without remediation, in an   entry-level general education course for a baccalaureate degree or   associate degree;                            (viii)  students who successfully met   standards on a composite of indicators that through research   indicates the student's preparation to enroll and succeed, without   remediation, in an entry-level general education course for a   baccalaureate degree or associate degree;                            (ix)  high school graduation rates, computed   in accordance with standards and definitions adopted in compliance   with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.)   subject to the exclusions provided by Subsections (g), (g-1),   (g-2), (g-3), and (g-4);                            (x)  students who successfully completed an   OnRamps dual enrollment course;                            (xi)  students who successfully completed a   practicum or internship approved by the State Board of Education;                            (xii)  students who are awarded an associate   degree; and                            (xiii)  students who successfully completed   a program of study in career and technical education;                (2)  in the school progress domain, indicators for   effectiveness in promoting student learning, which must include:                      (A)  for assessment instruments, including   assessment instruments under Subdivisions (1)(A)(i) and (ii), the   percentage of students who met the standard for improvement, as   determined by the commissioner; and                      (B)  for evaluating relative performance, the   performance of districts and campuses compared to similar districts   or campuses; and                (3)  in the closing the gaps domain, the use of   disaggregated data to demonstrate the differentials among students   from different racial and ethnic groups, socioeconomic   backgrounds, and other factors, including:                      (A)  students formerly receiving special   education services;                      (B)  students continuously enrolled; and                      (C)  students who are mobile.           (c-4)     The agency shall study the college, career, and   military readiness indicators adopted under Subsection (c) to   determine the correlation of each indicator with postsecondary   success, including the correlation of industry certifications with   wages and available jobs. The value assigned to each indicator must   be:                 (1)     based on the strength of the indicator's   correlation with successful outcomes; and                 (2)  updated in accordance with Subsection (f-1).          (f)  Annually, the commissioner shall define and may modify   the state standards [ st [Text truncated for display. Full text available on Congress.gov.]