Frank Bill’s 65-Member Commission Gets A Veto On School Tests

The text as introduced · 5,727 words

89R10490 MEW-F

By: Frank
H.B. No. 3796

A BILL TO BE ENTITLED

AN ACT

relating to public school accountability, including the

administration of assessment instruments in public schools, the

assignment of public school campus performance ratings, and the

creation of the Texas Commission on Public School Assessment and

Accountability.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 11.185(b), Education Code, is amended to

read as follows:

(b) Each plan adopted under Subsection (a) must:

(1) identify annual goals for students in each group

evaluated under the academic [ closing the gaps ] domain under

Section 39.053(c)(1)(C) [ 39.053(c)(3) ];

(2) include annual goals for aggregate student growth

on the third grade reading or mathematics assessment instrument, as

applicable, administered under Section 39.023 or on an alternative

assessment instrument determined by the board of trustees;

(3) provide for targeted professional development for

classroom teachers in kindergarten or first, second, or third grade

who are assigned to campuses that the board of trustees identifies

as not meeting the plan's goals;

(4) assign at least one district-level administrator

or employee of the regional education service center for the

district's region to:

(A) coordinate implementation of the plan; and

(B) submit an annual report to the board of

trustees on the district's progress toward the goals set under the

plan; and

(5) be reviewed annually by the board of trustees at a

public meeting.

SECTION 2. Section 11.186(b), Education Code, is amended to

read as follows:

(b) Each plan adopted under Subsection (a) must:

(1) identify annual goals for students in each group

evaluated under the academic [ closing the gaps ] domain under

Section 39.053(c)(1)(C) [ 39.053(c)(3) ];

(2) include annual goals for aggregate student growth

on [ college, career, and military readiness ] indicators evaluated

under the college, career, and military readiness [ student

achievement ] domain under Section 39.053(c)(2) [ 39.053(c)(1) ];

(3) assign at least one district-level administrator

or employee of the regional education service center for the

district's region to:

(A) coordinate implementation of the plan; and

(B) submit an annual report to the board of

trustees on the district's progress toward the goals set under the

plan; and

(4) be reviewed annually by the board of trustees at a

public meeting.

SECTION 3. Section 28.0211(a-8), Education Code, is amended

to read as follows:

(a-8) A school district may not be required to provide

supplemental instruction under Subsection (a-1)(2) to a student in

more than two subject areas per school year. If the district would

otherwise be required to provide supplemental instruction to a

student in more than two subject areas for a school year, the

district shall prioritize providing supplemental instruction to

the student in mathematics and reading[ , or Algebra I, English I, or

English II, as applicable, ] for that school year.

SECTION 4. Section 29.190(a), Education Code, is amended to

read as follows:

(a) A student is entitled to a subsidy under this section

if:

(1) the student:

(A) successfully completes the career and

technology program of a school district in which the student

receives training and instruction for employment; or

(B) is enrolled in a special education program

under Subchapter A; and

(2) the student passes a certification examination to

qualify for a license or certificate that is an industry

certification for purposes of Section 39.053(c)(2)(E)

[ 39.053(c)(1)(B)(v) ], administered while the student is enrolled

in a school district.

SECTION 5. Subchapter A, Chapter 39, Education Code, is

amended by adding Section 39.009 to read as follows:

Sec. 39.009. REFERENCE TO SCHOOL DISTRICT PERFORMANCE

RATING. A reference in law to the performance rating of a school

district means the average of the performance ratings assigned to

each of the district's campuses under Section 39.054 for the

applicable school year.

SECTION 6. Section 39.023, Education Code, is amended by

amending Subsections (a), (c), and (c-2) and adding Subsections

(a-5), (q), and (r) to read as follows:

(a) The agency shall adopt or develop appropriate

criterion-referenced assessment instruments designed to assess

essential knowledge and skills in reading, mathematics, [ social

studies, ] and science. Except as provided by Subsection (a-2), all

students, other than students assessed under Subsection (b) or (l)

or exempted under Section 39.027, shall be assessed in:

(1) mathematics, annually in grades three through

eight;

(2) reading, annually in grades three through eight;

(3) [ social studies, in grade eight;

[ (4) ] science, in grades five and eight; and

(4) [ (5) ] any other subject and grade required by

federal law.

(a-5) The commissioner shall apply to the United States

Department of Education for a waiver of the requirement under the

Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) to

administer the same assessment instruments to all public school

students. If the United States Department of Education grants a

waiver described by this subsection, an assessment instrument

adopted or developed under Subsection (a) must:

(1) provide for the assessment of a student at the

beginning, middle, and end of a school year, with the results of

each assessment providing:

(A) for the assessment administered at the

beginning and middle of the school year, growth projections for the

student; and

(B) for the assessment administered at the end of

the school year, an end-of-year growth analysis for the student;

(2) be adaptive to each student such that the

assessment instrument appropriately measures each student's

performance and growth;

(3) not later than 48 hours after the administration

of an assessment, provide detailed diagnostic reports of a

student's results that include recommendations for teachers

regarding practical interventions for low-performing students; and

(4) provide cumulative data regarding assessment

results for each campus of a school district.

(c) The agency shall also adopt end-of-course assessment

instruments for secondary-level courses in reading, mathematics,

and science only as necessary to comply with the Every Student

Succeeds Act (20 U.S.C. Section 6301 et seq.) to be administered

only as necessary to meet the minimum requirements of that Act

[ Algebra I, biology, English I, English II, and United States

history. The Algebra I end-of-course assessment instrument must

be administered with the aid of technology, but may include one or

more parts that prohibit the use of technology. The English I and

English II end-of-course assessment instruments must each assess

essential knowledge and skills in both reading and writing and must

provide a single score ]. A school district shall comply with State

Board of Education rules regarding administration of the assessment

instruments adopted under [ listed in ] this subsection. If a

student is in a special education program under Subchapter A,

Chapter 29, the student's admission, review, and dismissal

committee shall determine whether any allowable modification is

necessary in administering to the student an assessment instrument

required under this subsection. The State Board of Education shall

administer the assessment instruments. An end-of-course

assessment instrument may be administered in multiple parts over

more than one day. The State Board of Education shall adopt a

schedule for the administration of end-of-course assessment

instruments that complies with the requirements of Subsection

(c-3).

(c-2) The agency may adopt end-of-course assessment

instruments for courses for which end-of-course assessment

instruments are not adopted under [ not listed in ] Subsection

(c). A student's performance on an end-of-course assessment

instrument adopted under this subsection is not subject to the

performance requirements established under Subsection (c) or

Section 39.025.

(q) Notwithstanding any provision of this section or other

law, if changes made to the Every Student Succeeds Act (20 U.S.C.

Section 6301 et seq.) reduce the number or frequency of assessment

instruments required to be administered to students, the State

Board of Education shall adopt rules reducing the number or

frequency of assessment instruments administered to students under

state law, and the commissioner shall ensure that students are not

assessed in subject areas or in grades that are no longer required

to meet the minimum requirements of that Act.

(r) In adopting or developing assessment instruments under

this section, the agency shall consult with the Texas Commission on

Public School Assessment and Accountability established under

Subchapter N. An assessment instrument may not be administered

under this section unless the commission, by a majority vote,

approves the assessment instrument.

SECTION 7. Sections 39.025(a-1) and (a-3), Education Code,

are amended to read as follows:

(a-1) A student enrolled in a college preparatory

mathematics or English language arts course under Section 28.014

who satisfies the Texas Success Initiative (TSI) college readiness

benchmarks prescribed by the Texas Higher Education Coordinating

Board under Section 51.334 on an assessment instrument designated

by the coordinating board under that section administered at the

end of the college preparatory mathematics or English language arts

course satisfies the requirements concerning and is exempt from the

administration of the mathematics or reading [ Algebra I or the

English I and English II ] end-of-course assessment instrument

[ instruments ], as applicable, [ as prescribed by Section

39.023(c), ] even if the student did not perform satisfactorily on a

previous administration of the applicable end-of-course assessment

instrument. A student who fails to perform satisfactorily on the

assessment instrument designated by the coordinating board under

Section 51.334 administered as provided by this subsection may

retake that assessment instrument for purposes of this subsection

or may take the appropriate end-of-course assessment instrument.

(a-3) A student who, after retaking an end-of-course

assessment instrument for mathematics [ Algebra I ] or reading

[ English II ], has failed to perform satisfactorily as required by

Subsection (a), but who receives a score of proficient on the Texas

Success Initiative (TSI) diagnostic assessment for the

corresponding subject for which the student failed to perform

satisfactorily on the end-of-course assessment instrument

satisfies the requirement concerning the mathematics [ Algebra I ] or

reading [ English II ] end-of-course assessment, as applicable.

SECTION 8. Section 39.053, Education Code, is amended by

amending Subsections (a), (a-1), (b), and (c) and adding

Subsections (j) and (k) to read as follows:

(a) Subject to Subsection (j), the [ The ] commissioner , in

collaboration with the commission, shall adopt a set of indicators

of the quality of learning , [ and ] achievement, and school quality,

including the indicators under Subsection (c). The commissioner ,

in collaboration with the commission, periodically shall review the

indicators for the consideration of appropriate revisions.

(a-1) The indicators adopted [ by the commissioner ] under

Subsection (a) must measure and evaluate school district [ 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.

(b) Performance on the achievement indicators adopted under

Subsections (c)(1) and (2) [ Subsection (c) ] shall be compared to

state-established standards. The indicators must be based on

information that is disaggregated by race, ethnicity, and

socioeconomic status.

(c) School district [ districts and ] campuses must be

evaluated based on , as applicable to the campus, three domains of

indicators of achievement adopted under this section that include:

(1) in the academic [ 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 enlist in the armed

forces of the United States or the Texas National Guard;

[ (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 measure a

student's growth as the student progresses in age and grade level

and include:

(i) [ (A) ] for assessment instruments,

including assessment instruments under Paragraphs (A)(i)

[ Subdivisions (1)(A)(i) ] and (ii), the percentage of students who

met the standard for improvement, as determined by the

commissioner; and

(ii) [ (B) ] for evaluating relative

performance, the performance of [ districts and ] campuses compared

to similar [ districts or ] campuses; and

(C) [ (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:

(i) [ (A) ] students formerly receiving

special education services;

(ii) [ (B) ] students continuously enrolled;

and

(iii) [ (C) ] students who are mobile ;

(2) in the college, career, and military readiness

domain, for evaluating the performance of high school campuses,

indicators based on the college, career, and military readiness

outcomes described by Section 48.110 and that account for:

(A) 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;

(B) students who satisfy relevant performance

standards on advanced placement tests or similar assessments;

(C) students who earn dual course credits in the

dual credit courses;

(D) students who enlist in the armed forces of

the United States or the Texas National Guard;

(E) students who earn industry certifications;

(F) students admitted into postsecondary

industry certification programs that require as a prerequisite for

entrance successful performance at the secondary level;

(G) 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;

(H) 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;

(I) 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);

(J) students who successfully completed an

OnRamps dual enrollment course;

(K) students who successfully completed a

practicum or internship approved by the State Board of Education;

(L) students who are awarded an associate degree;

(M) students who successfully completed a

program of study in career and technical education;

(N) students who successfully complete the

necessary coursework or training to earn an industry credential

within two years of high school graduation;

(O) students who successfully complete an

internship of at least one year with a private business;

(P) students who successfully complete a Reserve

Officers' Training Corps (ROTC) program after high school

graduation; and

(Q) students who:

(i) successfully complete four years of

career and technical education; and

(ii) participate in the same program of

study during grades 11 and 12; and

(3) in the value-added domain, indicators that must

include:

(A) indicators adopted by the commissioner, in

collaboration with the commission, that account for:

(i) student attendance rates;

(ii) the percentage of students

participating in University Interscholastic League or other

competitive activities;

(iii) the percentage of students

participating in student leadership organizations;

(iv) the percentage of students who qualify

for the National Honor Society, National Junior Honor Society,

National Technical Honor Society, and other similar societies;

(v) the percentage of students who qualify

for the National Merit Scholarship Program;

(vi) the number of career and technical

education pathways offered, categorized by campus size;

(vii) the number of parental engagement

activities focused on student achievement offered;

(viii) whether a campus is designated as a

Purple Star Campus under Section 33.909; and

(ix) the number of students who take the

ACT, the SAT, or the Classic Learning Test and the percentage of

students who scored above the state average on those assessments;

and

(B) indicators proposed by a school district or

campus not later than the summer before the school year for which

the indicator was proposed and approved by the commissioner, in

collaboration with the commission .

(j) The commissioner may not adopt an indicator under this

section unless the commission, by a majority vote, approves the

indicator.

(k) In this section, "commission" means the Texas

Commission on Public School Assessment and Accountability

established under Subchapter N.

SECTION 9. Section 39.054, Education Code, is amended by

amending Subsections (a), (a-1), (a-2), (a-3), (a-4), (b), and (e)

and adding Subsections (f) and (g) to read as follows:

(a) Except as provided by Subsection (a-4) and subject to

Subsection (f) , the commissioner , in collaboration with the

commission, 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). 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 reflects

performance that needs improvement. An overall or domain

performance rating of 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. ] If a school district has

been approved under Section 39.0544 to assign campus performance

ratings and the commissioner has not assigned a campus an overall

performance rating of D or F, the commissioner shall assign the

campus an overall performance rating based on the school district

assigned performance rating under Section 39.0544.

(a-1) For purposes of assigning an overall performance

rating for a [ district or ] campus under Subsection (a), the

commissioner may not increase a [ shall:

[ (1) consider either the district's or ] campus's

performance rating more than one letter grade based on the campus's

performance under the value-added [ student achievement domain

under Section 39.053(c)(1) or the school progress domain under

Section 39.053(c)(2), whichever performance rating is higher,

unless the district or campus received a performance rating of F in

either domain, in which case the district or campus may not be

assigned a performance rating higher than a B for the composite for

the two domains; and

[ (2) attribute not less than 30 percent of the

performance rating to the closing the gaps ] domain under Section

39.053(c)(3).

(a-2) Subject to Subsection (f), the [ The ] commissioner by

rule may 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 under this

section or [ a campus under ] Section 39.0544 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 following

information shall be made publicly available as provided by rules

adopted under this section:

(1) the performance ratings for each school district

[ and ] campus; and

(2) if applicable, the number of consecutive school

years of unacceptable performance ratings for each [ district and ]

campus.

(a-4) Notwithstanding any other law, the commissioner may

assign a school district [ or ] campus an overall performance rating

of "Not Rated" if the commissioner determines that the assignment

of a performance rating of A, B, C, D, or F would be inappropriate

because:

(1) the [ district or ] campus is located in an area that

is subject to a declaration of a state of disaster under Chapter

418, Government Code, and due to the disaster, performance

indicators for the [ district or ] campus are difficult to measure or

evaluate and would not accurately reflect quality of learning and

achievement for the [ district or ] campus;

(2) the [ district or ] campus has experienced breaches

or other failures in data integrity to the extent that accurate

analysis of data regarding performance indicators is not possible;

(3) the number of students enrolled in the [ district

or ] campus is insufficient to accurately evaluate the performance

of the [ district or ] campus; or

(4) for other reasons outside the control of the

[ district or ] campus, the performance indicators would not

accurately reflect quality of learning and achievement for the

[ district or ] campus.

(b) For purposes of assigning school district [ districts

and ] campuses an overall and a domain performance rating under

Subsection (a), the commissioner shall ensure that the method used

to evaluate performance is implemented in a manner that provides

the mathematical possibility that all [ districts and ] campuses

receive an A rating.

(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, to

determine school district [ and ] campus performance in relation to

standards established for each indicator.

(f) The commissioner may not adopt a rule relating to

evaluating school district campus performance under this section

unless the commission, by a majority vote, approves the rule.

(g) In this section, "commission" means the Texas

Commission on Public School Assessment and Accountability

established under Subchapter N.

SECTION 10. Section 39.0541, Education Code, is amended to

read as follows:

Sec. 39.0541. ADOPTION OF INDICATORS AND STANDARDS.

Subject to Section 39.054(f), the [ 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 11. Section 39.0545(b), Education Code, is amended

to read as follows:

(b) Notwithstanding any other law, the commissioner shall

adopt rules to develop and implement alternative methods and

standards for evaluating the performance for the 2020-2021 school

year of a campus to which this section applies. The rules adopted

under this section must evaluate a campus under the domains of

indicators of achievement listed in former Sections 39.053(c)(1)

and (2) , as those sections existed January 1, 2025 .

SECTION 12. Sections 39.0548(b) and (c), Education Code,

are amended to read as follows:

(b) Notwithstanding Section 39.053(c)(2)(I)

[ 39.053(c)(1)(B)(ix) ], the commissioner shall use the alternative

completion rate under this subsection to determine the graduation

rate indicator under that paragraph [ Section 39.053(c)(1)(B)(ix) ]

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)(2)(I)

[ 39.053(c)(1)(B)(ix) ], 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 13. Section 39.203(c), Education Code, is amended

to read as follows:

(c) In addition to the distinction designations described

by Subsections (a) and (b), a campus that satisfies the criteria

developed under Section 39.204 shall be awarded a distinction

designation by the commissioner for outstanding performance in

academic achievement in reading [ English language arts ],

mathematics, or science[ , or social studies ].

SECTION 14. Chapter 39, Education Code, is amended by

adding Subchapter N to read as follows:

SUBCHAPTER N. TEXAS COMMISSION ON PUBLIC SCHOOL ASSESSMENT AND

ACCOUNTABILITY

Sec. 39.451. DEFINITION. In this subchapter, "commission"

means the Texas Commission on Public School Assessment and

Accountability.

Sec. 39.452. TEXAS COMMISSION ON PUBLIC SCHOOL ASSESSMENT

AND ACCOUNTABILITY. (a) The commission is established to:

(1) develop, implement, and supervise the public

school assessment and accountability systems; and

(2) develop new methods to assess student performance

and public schools.

(b) The commission is composed of 65 members, consisting of:

(1) one member appointed by the governor;

(2) one member appointed by the lieutenant governor;

(3) one member appointed by the speaker of the house of

representatives;

(4) two members appointed by the State Board of

Education; and

(5) three members appointed by each regional education

service center as follows, to the extent reasonably practicable:

(A) a representative of a small school district

in the region served by the center;

(B) a representative of a mid-sized school

district in the region served by the center; and

(C) a representative of a large school district

in the region served by the center.

(c) The members appointed by the governor, lieutenant

governor, or speaker of the house of representatives must have a

background in public education and be one of the following:

(1) an administrator in the public school system;

(2) a person with a substantive background in public

school assessment and accountability;

(3) a member of the business community;

(4) a person who is a current or retired classroom

teacher with at least 10 years of teaching experience and who

specializes or specialized in special education, bilingual

education, or career and technology education;

(5) an elected member of the board of trustees of a

school district; or

(6) a parent of a student in the public school system.

(d) In making appointments under Subsections (b)(1), (2),

and (3), the governor, lieutenant governor, and speaker of the

house of representatives shall coordinate to ensure that the

membership of the commission reflects, to the extent possible, the

ethnic and geographic diversity of this state.

Sec. 39.453. TERMS. Members of the commission serve

staggered six-year terms, with the terms of approximately one-third

of the members expiring June 1 of each odd-numbered year.

Sec. 39.454. PRESIDING OFFICER. The governor shall

designate the presiding officer of the commission.

Sec. 39.455. COMPENSATION AND REIMBURSEMENT. A commission

member is not entitled to compensation for service on the

commission but is entitled to reimbursement for actual and

necessary expenses incurred in performing commission duties.

Sec. 39.456. ADMINISTRATIVE SUPPORT AND FUNDING. (a) The

agency shall provide administrative support for the commission.

(b) Funding for the administrative and operational expenses

of the commission shall be provided by legislative appropriation

made to the agency for that purpose.

Sec. 39.457. DUTIES. (a) The commission shall collaborate

with the commissioner to develop:

(1) assessment instruments under Section 39.023;

(2) the performance indicators under Section 39.053;

and

(3) rules to evaluate school district campuses under

Section 39.054.

(b) The commission may establish one or more committees

composed of not more than 13 commission members to study, discuss,

and address specific policy issues and recommendations to refer to

the commission for consideration.

(c) The commission may consult with any accountability or

assessment workgroup established by the agency or other subject

matter experts.

Sec. 39.458. RECOMMENDATIONS. The commission may develop

recommendations to address issues related to the public school

assessment and accountability systems, including:

(1) the development of a formative assessment system

that provides for:

(A) assessments to be administered to students at

the beginning, middle, and end of a school year;

(B) a student whose performance on an assessment

indicates that the student is proficient in the required skills for

that grade level to be exempt from further assessments in those

skills during that school year;

(C) criterion-referenced, adaptive assessments

aligned to grade-level standards;

(D) student-specific feedback and recommended

interventions within 48 hours of the administration of an

assessment; and

(E) growth projections and end-of-year growth

analysis for an individual student in addition to cumulative data

at the campus level;

(2) changes to the performance indicators adopted

under Section 39.053(c); and

(3) changes to the rules for evaluating school

district campuses under Section 39.054.

SECTION 15. Section 39A.065(a), Education Code, is amended

to read as follows:

(a) A school [ district, open-enrollment charter school, ]

district campus[ , ] or open-enrollment charter school campus that is

assigned a rating of D that qualifies under Section 39.0543(b)

shall develop and implement a local improvement plan.

SECTION 16. Section 39A.113(a), Education Code, is amended

to read as follows:

(a) If the commissioner orders the closure of a campus under

this subchapter, that campus may be repurposed to serve students at

that campus location only if the commissioner:

(1) finds that the repurposed campus offers a

distinctly different academic program and:

(A) serves a majority of grade levels not served

at the original campus; or

(B) is operated under a contract, approved by the

school district board of trustees, with a nonprofit organization

exempt from federal taxation under Section 501(c)(3), Internal

Revenue Code of 1986, that:

(i) has a governing board that is

independent of the district; and

(ii) has a successful history of operating

school district campuses or open-enrollment charter schools:

(a) that cumulatively serve 10,000 or

more students; and

(b) a majority of which have been

assigned an overall performance rating of B or higher under Section

39.054 for the preceding school year; and

[ (iii) has been assigned an overall

performance rating of B or higher under Section 39.054 for the

preceding school year; and ]

(2) approves a new campus identification number for

the repurposed campus.

SECTION 17. Section 39A.117(b), Education Code, is amended

to read as follows:

(b) The [ As soon as practicable after the effective date of

S.B. 1365, 87th Legislature, Regular Session, 2021, or similar

legislation, the ] commissioner shall:

(1) determine the number of school years of

unacceptable performance ratings occurring after the 2012-2013

school year for each school [ district, open-enrollment charter

school, ] district campus[ , ] or open-enrollment charter school

campus by determining the number of unacceptable performance

ratings assigned to each [ district, charter school, ] district

[ campus, ] or charter school campus since the most recent acceptable

performance rating was assigned to the [ district, charter school, ]

district [ campus, ] or charter school campus; and

(2) use the number of school years of unacceptable

performance ratings as the base number of consecutive years of

unacceptable performance for which the performance rating in the

2021-2022 school year will be added.

SECTION 18. Sections 39A.118(a) and (f), Education Code,

are amended to read as follows:

(a) Until another performance rating is issued, the agency

may not implement the intervention or sanctions listed under

Subsection (b) for a school [ district, open-enrollment charter

school, ] district campus[ , ] or open-enrollment charter school

campus, if the performance rating initiating the action under

Subsection (b) is based on the first or second overall performance

rating of D, since previously receiving a rating of C or higher.

(f) For purposes of Subsection (a), a school [ district,

open-enrollment charter school, ] district campus[ , ] or

open-enrollment charter school campus that has never previously

been assigned an overall performance rating shall be considered to

have previously received an overall performance rating of C or

higher.

SECTION 19. Section 39A.901(b), Education Code, is amended

to read as follows:

(b) The commissioner must review at least annually the

performance of a school district for which the accreditation status

[ or performance rating ] has been lowered due to insufficient

student performance and may not raise the accreditation status [ or

performance rating ] until the district has demonstrated improved

student performance.

SECTION 20. Section 39.023(c-9), Education Code, is

repealed.

SECTION 21. This Act applies beginning with the 2026-2027

school year.

SECTION 22. 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, 2025.