By:AALandgraf

H.B.ANo.A736

A BILL TO BE ENTITLED
AN ACT

1
2

relating

to

eliminating

the

requirement

to

use

public

school

3

assessment instruments as a criterion for promotion or graduation

4

or to make certain accountability determinations.

5

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

6

SECTIONA1.AASection 18.005(c), Education Code, is amended to

7

read as follows:
(c)AAA Job Corps diploma program shall:

8

(1)AAdevelop

9

for

persons

educational

eligible

for

programs

enrollment

specifically

10

designed

in

a

Job

Corps

11

training program established by the United States Department of

12

Labor;

13

(2)AAcoordinate educational programs and services in

14

the diploma program with programs and services provided by the

15

United

16

agencies

17

provide programs and services under contract with the United States

18

Department of Labor;

19
20
21

States
and

Department
local

of

Labor

political

and

other

subdivisions

federal

and

by

and

state

persons

who

(3)AAprovide a course of instruction that includes the
required curriculum under Subchapter A, Chapter 28; and
(4)AA[require

that

students

enrolled

in

the

diploma

22

program satisfy the requirements of Section 39.025 before receiving

23

a diploma under this chapter; and

24

[(5)]AAcomply

86R2743 GCB-D

with

a

1

requirement

imposed

under

this

 H.B.ANo.A736
1

title or a rule adopted under this title relating to the Public

2

Education

3

necessary to determine compliance with this chapter, as determined

4

by the commissioner.

5
6
7

Information

Management

System

(PEIMS)

to

the

extent

SECTIONA2.AASection 18.006(b), Education Code, is amended to
read as follows:
(b)AAIn

addition

to

other

factors

determined

to

be

8

appropriate by the commissioner, the accountability system must

9

include consideration of[:

10
11
12

[(1)AAstudent

performance

on

the

end-of-course

assessment instruments required by Section 39.023(c); and
[(2)]AAdropout

rates,

including

dropout

rates

and

13

diploma program completion rates for the grade levels served by the

14

diploma program.

15
16
17
18
19

SECTIONA3.AASection 19.0043(b), Education Code, is amended
to read as follows:
(b)AAA student may graduate and receive a diploma from a
Windham School District educational program if:
(1)AAthe student successfully completes the curriculum

20

requirements

21

Section 28.025(a) [and complies with Section 39.025]; or

22

identified

by

the

State

Board

of

Education

under

(2)AAthe student successfully completes the curriculum

23

requirements

24

individualized education program developed under Section 29.005.

25
26
27

under

Section

28.025(a)

as

modified

by

an

SECTIONA4.AASection 25.005(b), Education Code, is amended to
read as follows:
(b)AAA reciprocity agreement must:

2

 H.B.ANo.A736
(1)AAaddress procedures for:

1
2

(A)AAtransferring student records; and

3

(B)AAawarding credit for completed course work;

4

and
[(C)AApermitting

5

a

student

to

satisfy

the

6

requirements of Section 39.025 through successful performance on

7

comparable

8

instruments administered in another state; and]
(2)AAinclude

9
10
11
12

end-of-course

or

other

appropriate

exit-level

criteria

assessment

developed

by

the

agency.
SECTIONA5.AASection 28.006(j), Education Code, is amended to
read as follows:

13

(j)AANo more than 15 percent of the funds certified by the

14

commissioner under Subsection (i) may be spent on indirect costs.

15

The commissioner shall evaluate the programs that fail to meet the

16

standard of performance under Section 39.301(c)(6) [39.301(c)(5)]

17

and may implement interventions or sanctions under Chapter 39A.

18

The commissioner may audit the expenditures of funds appropriated

19

for purposes of this section.

20

purposes of this section shall be verified as part of the district

21

audit under Section 44.008.

22
23
24
25

The use of the funds appropriated for

SECTIONA6.AASection 28.021(c), Education Code, is amended to
read as follows:
(c)AAIn determining promotion under Subsection (a), a school
district shall consider:

26

(1)AAthe recommendation of the student ’s teacher;

27

(2)AAthe student ’s grade in each subject or course; and

3

 H.B.ANo.A736
1

(3)AA[the student ’s score on an assessment instrument

2

administered under Section 39.023(a), (b), or (l), to the extent

3

applicable; and

4
5

[(4)]AAany

information,

as

is amended to read as follows:
Sec.A28.0211.AA[SATISFACTORY

PERFORMANCE

ON

ASSESSMENT

INSTRUMENTS REQUIRED;] ACCELERATED INSTRUCTION.

10
11

academic

SECTIONA7.AAThe heading to Section 28.0211, Education Code,

8
9

necessary

determined by the district.

6
7

other

SECTIONA8.AASections 28.0211(a-1), (c), (d), (g), (i), and
(k), Education Code, are amended to read as follows:

12

(a-1)AAEach time a student fails to perform satisfactorily on

13

an assessment instrument administered under Section 39.023(a) [in

14

the third, fourth, fifth, sixth, seventh, or eighth grade], the

15

school district in which the student attends school shall provide

16

to the student accelerated instruction in the applicable subject

17

area.

18

student

19

participation

20

operations.

Accelerated
before

or
at

instruction
after
times

may

normal
of

the

require

school
year

participation

hours

and

outside

may

normal

of

the

include
school

21

(c)AA[Each time a student fails to perform satisfactorily on

22

an assessment instrument specified under Subsection (a), the school

23

district in which the student attends school shall provide to the

24

student accelerated instruction in the applicable subject area,

25

including reading instruction for a student who fails to perform

26

satisfactorily on a reading assessment instrument. After a student

27

fails

to

perform

satisfactorily

4

on

an

assessment

instrument

a

 H.B.ANo.A736
1

second time, a grade placement committee shall be established to

2

prescribe the accelerated instruction the district shall provide to

3

the

4

instrument the third time.

5

composed

6

student ’s parent or guardian, and the teacher of the subject of an

7

assessment

8

satisfactorily.

9

of the time and place for convening the grade placement committee

student

before

of

the

the

student

on

administered

the

assessment

The grade placement committee shall be

principal

instrument

is

or

the

which

the

principal ’s

student

designee,

failed

to

the

perform

The district shall notify the parent or guardian

10

and the purpose of the committee.]

An accelerated instruction

11

group administered by a school district under this section may not

12

have a ratio of more than 10 students for each teacher.

13

(d)AAIn addition to providing accelerated instruction to a

14

student under Subsection (a-1) [(c)], the district shall notify the

15

student ’s parent or guardian of:

16
17
18
19
20
21

(1)AAthe student ’s failure to perform satisfactorily on
the assessment instrument; and
(2)AAthe accelerated instruction program to which the
student is assigned[; and
[(3)AAthe

possibility

that

the

student

might

be

retained at the same grade level for the next school year].

22

(g)AAThis section does not preclude the retention at a grade

23

level, in accordance with state law or school district policy, of a

24

student who performs satisfactorily on an assessment instrument

25

[specified under Subsection (a)].

26
27

(i)AAThe

admission,

review,

and

dismissal

committee

of

a

student who participates in a district ’s special education program

5

 H.B.ANo.A736
1

under

Subchapter

2

satisfactorily

3

Subsection (a) and] administered under Section 39.023(a) or (b)

4

must

5

instrument for the second time. The committee shall determine[:

meet

before

an

29,

assessment

the

student

and

who

does

instrument

is

not

perform

[specified

administered

the

under

assessment

in an accelerated instruction program under this section[; and
[(2)AAwhether

8
9

on

Chapter

[(1)]AAthe manner in which the student will participate

6
7

A,

the

student

will

be

promoted

in

accordance with Subsection (i-1) or retained under this section].
(k)AAThe

10

commissioner

shall

adopt

rules

as

necessary

to

11

implement this section[, including rules concerning when school

12

districts shall administer assessment instruments required under

13

this section and which administration of the assessment instruments

14

will be used for purposes of Section 39.054].

15
16

SECTIONA9.AASections 28.025(b-7), (c), and (e), Education
Code, are amended to read as follows:

17

(b-7)AAThe State Board of Education, in coordination with the

18

Texas Higher Education Coordinating Board, shall adopt rules to

19

ensure that a student may comply with the curriculum requirements

20

under the foundation high school program or for an endorsement

21

under

22

courses

23

education under Section 61.822. Notwithstanding Subsection (b-15)

24

or (c) [of this section, Section 39.025,] or any other provision of

25

this code and notwithstanding any school district policy, a student

26

who has completed the core curriculum of an institution of higher

27

education under Section 61.822, as certified by the institution in

Subsection
in

the

(c-1)
core

by

successfully

curriculum

6

of

an

completing
institution

appropriate
of

higher

 H.B.ANo.A736
1

accordance with commissioner rule, is considered to have earned a

2

distinguished level of achievement under the foundation high school

3

program and is entitled to receive a high school diploma from the

4

appropriate

5

accordance with commissioner rule.

6

have

7

foundation high school program under this subsection may apply for

8

admission

9

semester

10
11

high

earned

to
or

a

school

as

that

distinguished

an

institution

other

academic

high

of

higher

term

determined

achievement

education

after

the

for

semester

13

graduate and receive a diploma only if:

the

first

or

other

(1)AAthe student successfully completes the curriculum
requirements

16

Subsection (a) [and complies with Section 39.025]; or

19

the

In other cases, a student may

15

18

under

(c)AAA person may receive a diploma if the person is eligible
for a diploma under Section 28.0251.

17

in

academic term in which the student completes the core curriculum.

12

14

is

A student who is considered to

level

of

school

identified

(2)AAthe

by

the

State

student

Board

of

successfully

Education

under

completes

an

individualized education program developed under Section 29.005.
(e)AAEach

school

district

shall

report

the

academic

20

achievement record of students who have completed the foundation

21

high school program on transcript forms adopted by the State Board

22

of Education.

23

designed to clearly identify whether a student received a diploma

24

or a certificate of coursework completion.]

25
26
27

[The transcript forms adopted by the board must be

SECTIONA10.AASection 28.0255(g), Education Code, is amended
to read as follows:
(g)AAA student is entitled to a high school diploma if the

7

 H.B.ANo.A736
1

student[:
[(1)]AAsuccessfully

2
3

complies

with

the

curriculum

requirements specified under Subsection (e)[; and
[(2)AAperforms

4

on

end-of-course

by

the

6

instruments listed under Section 39.023(c) for courses in which the

7

student was enrolled].

10

(h),

determined

commissioner

9

Subsection

as

5

8

under

satisfactorily,

assessment

SECTIONA11.AASection 29.062(a), Education Code, is amended
to read as follows:
(a)AAThe legislature recognizes that compliance with this

11

subchapter

12

accordance with the policy of the state, the agency shall evaluate

13

the effectiveness of programs under this subchapter based on the

14

achievement indicators adopted under Section 39.053(c)[, including

15

the results of assessment instruments].

16

evaluations

17

measures concerning students of limited English proficiency.

18
19
20

is

an

under

imperative

this

public

section

necessity.

with

Therefore,

in

The agency may combine
federal

accountability

SECTIONA12.AASection 29.081(b-1), Education Code, is amended
to read as follows:
(b-1)AAEach

school

district

shall

offer

before

the

next

21

scheduled

22

cost to the student, additional accelerated instruction to each

23

student

24

satisfactorily on an end-of-course assessment instrument listed in

25

Section 39.023(c) [required for graduation].

26
27

in

administration

any

subject

of

in

the

which

assessment

the

instrument,

student

failed

to

without

perform

SECTIONA13.AASection 29.087(l), Education Code, is amended
to read as follows:

8

 H.B.ANo.A736
1

(l)AAThe

commissioner

may

revoke

a

district ’s

school

or

2

open-enrollment charter school ’s authorization under this section

3

after consideration of relevant factors, including [performance of

4

students participating in the district ’s or school ’s program on

5

assessment instruments required under Chapter 39,] the percentage

6

of students participating in the district ’s or school ’s program who

7

complete the program and perform successfully on the high school

8

equivalency

9

commissioner.

10
11
12

examination[,]

and

other

criteria

adopted

by

the

A decision by the commissioner under this subsection

is final and may not be appealed.
SECTIONA14.AASections

29.259(g),

(i),

and

(o),

Education

Code, are amended to read as follows:

13

(g)AAA person who is at least 19 years of age and not more

14

than 50 years of age is eligible to enroll in the adult education

15

program under this section if the person has not earned a high

16

school equivalency certificate and:

17
18
19

(1)AAhas failed to complete the curriculum requirements
for high school graduation; or
(2)AAhas

failed

to

perform

satisfactorily

on

an

20

assessment instrument that, before the 2019-2020 school year, was

21

required for high school graduation.

22
23
24
25
26
27

(i)AAA charter granted under this section must:
(1)AAinclude

a

description

of

the

adult

education

program to be offered under this section; and
(2)AAestablish

specific,

objective

receiving a high school diploma, including[:
[(A)]AAsuccessful completion of:

9

standards

for

 H.B.ANo.A736
(A)A[(i)]AAif

1
2

to

the

program

participant, the curriculum requirements under Section 28.025; or
(B)A[(ii)]AAthe

3
4

applicable

appropriate

curriculum

requirements applicable to the program participant[; and
[(B)AAsatisfactory

5

performance

on

the

6

standardized secondary exit-level assessment instrument described

7

by Subsection (c)].

8
9

(o)AAThe commissioner shall develop and adopt performance
frameworks

that

an

adult

standards
school

which

program

to

measure

operated

the

performance

11

charter granted under this section in a manner consistent with the

12

requirements provided for an open-enrollment charter school under

13

Sections 12.1181(a) and (b).

14

performance frameworks adopted under this subsection the following

15

performance indicators:
(1)AA[the

high

by

10

16

of

establish

under

a

The commissioner shall include in the

percentage

of

program

participants

who

17

performed satisfactorily on the standardized secondary exit-level

18

assessment instrument described by Subsection (c);

19

[(2)]AAthe

percentage

of

program

participants

who

20

successfully completed the high school program and earned a high

21

school diploma;

22

(2)A[(3)]AAthe percentage of program participants who

23

successfully completed career and technology education courses and

24

obtained industry certification;

25

(3)A[(4)]AAthe percentage of program participants who

26

have enrolled in an institution of higher education or private or

27

independent institution of higher education, as those terms are

10

 H.B.ANo.A736
1

defined under Section 61.003; and
(4)A[(5)]AAthe percentage of program participants who

2
3

earned

4

significant

5

Commission.

wage,
as

salary,

determined

or

other

and

income

reported

by

increase
the

that

Texas

was

Workforce

SECTIONA15.AASection 29.402(c), Education Code, is amended

6
7

a

to read as follows:
(c)AAA public junior college under this section shall:

8
9

(1)AAdesign a dropout recovery curriculum that includes

10

career and technology education courses that lead to industry or

11

career certification;
(2)AAintegrate

12

to

the

dropout

assist

recovery

students

in

curriculum

13

research-based

14

academically to pursue postsecondary education, including:

becoming

able

(A)AAhigh quality, college readiness instruction

15
16

strategies

into

with strong academic and social supports;
(B)AAsecondary

17

to

postsecondary

18

builds

19

completion, and ensures transition counseling; and

college

readiness

skills,

provides

a

bridging

plan

for

that

college

20

(C)AAinformation concerning appropriate supports

21

available in the first year of postsecondary enrollment to ensure

22

postsecondary persistence and success, to the extent funds are

23

available for the purpose;

24

(3)AAoffer

advanced

academic

and

transition

25

opportunities,

26

preparatory courses, such as advanced placement courses; and

27

including

dual

credit

courses

and

college

(4)AAcoordinate with each partnering school district to

11

 H.B.ANo.A736
1

provide in the articulation agreement that the district retains

2

accountability for student attendance and[,] student completion of

3

high

4

assessment instruments] as necessary for the student to receive a

5

diploma from a high school of the partnering school district.

school

and

student

performance

on

to read as follows:
(e)AAThe

8
9

requirements[,

SECTIONA16.AASection 30.021(e), Education Code, is amended

6
7

course

school

shall

cooperate

with

public

and

private

agencies and organizations serving students and other persons with

10

visual

11

implementation of effective educational and rehabilitative service

12

delivery systems associated with educating students with visual

13

impairments.

14

facilities, funding, and resources, the services provided in this

15

area

16

agencies to serve students who have graduated from high school by

17

completing

18

regular

19

Section 39.025,] who are younger than 22 years of age on September 1

20

of

21

vocational training, independent living skills, orientation and

22

mobility,

23

remedial academic skills.

24
25
26
27

impairments

may

the

To

include

all

in

maximize

academic

year

social

a

and

make

who

leisure

development,

efficient

cooperative

requirements

excluding

and

planning,

and

conducting

education[,

school

the

program

applicable

satisfactory

have

identified

skills,

use

to

of

with

compensatory

state

other

students

performance

needs

and

in

under

related

skills,

to

or

SECTIONA17.AASection 30.104(b), Education Code, is amended
to read as follows:
(b)AAA student may graduate and receive a diploma from a
department educational program if:

12

 H.B.ANo.A736
(1)AAthe student successfully completes the curriculum

1
2

requirements

identified

by

the

State

Board

of

Education

3

Section 28.025(a) [and complies with Section 39.025]; or

under

(2)AAthe student successfully completes the curriculum

4
5

requirements

6

individualized education program developed under Section 29.005.

Section

28.025(a)

as

modified

by

an

SECTIONA18.AASection 32.258(b), Education Code, is amended

7
8

under

to read as follows:
(b)AAThe

9

system

established

under

Subsection

(a)

shall

10

provide a means for a student or the student ’s parent or other

11

person standing in parental relationship to track the student ’s

12

progress

13

under Section 39.023(c) [instrument requirements for graduation].

end-of-course

assessment

instruments

administered

SECTIONA19.AASection 37.008(m), Education Code, is amended

14
15

on

to read as follows:
(m)AAThe

16

commissioner

shall

adopt

rules

necessary

to

17

evaluate annually the performance of each district ’s disciplinary

18

alternative education program established under this subchapter.

19

The

20

indicators defined by the commissioner[, but must include student

21

performance

22

39.023(a) and (c)].

23

alternative

24

perform at grade level.

25
26
27

evaluation

on

required

assessment

education

by

this

section

instruments

shall

required

be

based

under

on

Sections

Academically, the mission of disciplinary
programs

shall

be

to

enable

students

to

SECTIONA20.AASection 39.023(c-2), Education Code, is amended
to read as follows:
(c-2)AAThe

agency

may

adopt

13

end-of-course

assessment

 H.B.ANo.A736
A student ’s

1

instruments for courses not listed in Subsection (c).

2

performance

3

under

4

requirements [established under Subsection (c) or Section 39.025].

5

this

on

an

end-of-course

subsection

is

not

is amended to read as follows:

7

Sec.A39.025.AAUSE

to

any

[the]

adopted

performance

OF

END-OF-COURSE

ASSESSMENT

INSTRUMENT

[SECONDARY-LEVEL PERFORMANCE REQUIRED].

9
10

subject

instrument

SECTIONA21.AAThe heading to Section 39.025, Education Code,

6

8

assessment

SECTIONA22.AASection 39.025(a), Education Code, is amended
to read as follows:

11

(a)AAThe commissioner shall adopt rules requiring a student

12

in the foundation high school program under Section 28.025 to be

13

administered

14

Section 39.023(c) only for a course in which the student is enrolled

15

and

16

administered.

17

assessment instrument shall be evaluated to determine whether the

18

[A] student achieved [is required to achieve] a scale score that

19

indicates

20

commissioner

each

end-of-course

21

assessment instrument administered to the student].

The results of

22

the

23

required under this subsection may not be used as criteria for

24

graduation.

25

diagnosing the academic strengths and deficiencies of a student and

26

guiding specific instruction to the student.

27

required under this subsection that is not based on a 100-point

for

an

end-of-course

which

an
Each

end-of-course
student ’s

satisfactory
under

administration

The

assessment

of

assessment

performance

performance,

Section

an

results

end-of-course

be

14

used

on

as

39.0241(a)[,

may

instrument

listed

instrument
an

assessment

only

for

is

end-of-course

determined
on

in

the

by

the

instrument

purpose

of

[For each scale score

 H.B.ANo.A736
1

scale

2

conversion, in accordance with commissioner rule, of the scale

3

score to an equivalent score based on a 100-point scale scoring

4

system.

5

student has performed satisfactorily on end-of-course assessment

6

instruments in the manner provided under this subsection.

7

subsection does not require a student to demonstrate readiness to

8

enroll in an institution of higher education.]

system,

the

commissioner

shall

provide

for

A student may not receive a high school diploma until the

This

SECTIONA23.AASection 39.034(d), Education Code, is amended

9
10

scoring

to read as follows:
(d)AAThe

11

agency

shall

determine

the

necessary

annual

12

improvement required each year for a student to be prepared to

13

perform satisfactorily on, as applicable:

14

(1)AAthe grade five assessment instruments;

15

(2)AAthe grade eight assessment instruments; and

16

(3)AAthe end-of-course assessment instruments listed

17

in

18

graduation].

Section

39.023(c)

[required

under

this

subchapter

for

19

SECTIONA24.AASection 39.053(c), Education Code, as amended

20

by Chapters 807 (H.B. 22), 842 (H.B. 2223), and 1088 (H.B. 3593),

21

Acts of the 85th Legislature, Regular Session, 2017, is reenacted

22

and amended to read as follows:

23

(c)AASchool districts and campuses must be evaluated based on

24

three

25

section that include:

26
27

domains

of

indicators

of

achievement

adopted

under

this

(1)AAin the student achievement domain, indicators of
student achievement that must include:

15

 H.B.ANo.A736
(A)AAfor evaluating the performance of districts

1
2

and campuses generally,[:
[(i)]AAan

3

indicator

that

accounts

for

the

4

percentage of students promoted to the next grade level [results of

5

assessment instruments required under Sections 39.023(a), (c), and

6

(l),

7

results of assessment instruments required for graduation retaken

8

by

9

including:

a

as

applicable

student,

for

the

aggregated

district

across

and

grade

[(a)AAfor

10
the

commissioner

campus,

levels

the

by

subject

performance

area,

standard

determined

by

12

percentage

of

13

assessment instruments, aggregated across grade levels by subject

14

area; and

15
standard

performed

39.0241(a),

satisfactorily

[(b)AAfor

the

determined

under

college

the

readiness

performance

17

percentage

18

assessment instruments, aggregated across grade levels by subject

19

area; and

20

students

who

[(ii)AAan

performed

indicator

Section

on

the

16

of

as

who

Section

the

11

students

under

including

39.0241,

satisfactorily

that

accounts

on

for

the
the

the

21

results

22

39.023(b), as applicable for the district and campus, including the

23

percentage

24

assessment instruments, as determined by the performance standard

25

adopted by the agency, aggregated across grade levels by subject

26

area]; and

27

of

assessment

of

students

instruments

who

required

performed

under

satisfactorily

Section

on

the

(B)AAfor evaluating the performance of high school

16

 H.B.ANo.A736
1

campuses

and

districts

that

2

indicators that account for:

include

high

school

campuses,

3

(i)AAstudents who satisfy the Texas Success

4

Initiative (TSI) college readiness benchmarks prescribed by the

5

Texas Higher Education Coordinating Board under Section 51.334 on

6

an assessment instrument in reading or mathematics designated by

7

the coordinating board under that section;
(ii)AAstudents

8
9
10

performance

standards

tests

or

similar

in the dual credit courses;
(iv)AAstudents

who

enlist

in

the

armed

forces of the United States;
(v)AAstudents

15
16

placement

relevant

(iii)AAstudents who earn dual course credits

13
14

advanced

satisfy

assessments;

11
12

on

who

who

earn

industry

certifications;

17

(vi)AAstudents admitted into postsecondary

18

industry certification programs that require as a prerequisite for

19

entrance successful performance at the secondary level;

20

(vii)AAstudents whose successful completion

21

of a course or courses under Section 28.014 indicates the student ’s

22

preparation

23

entry-level general education course for a baccalaureate degree or

24

associate degree;

to

25

enroll

and

succeed,

without

(viii)AAstudents

remediation,

who

successfully

in

an

met

26

standards

27

indicates the student ’s preparation to enroll and succeed, without

on

a

composite

of

indicators

17

that

through

research

 H.B.ANo.A736
1

remediation,

in

an

entry-level

general

2

baccalaureate degree or associate degree;

education

course

for

a

3

(ix)AAhigh school graduation rates, computed

4

in accordance with standards and definitions adopted in compliance

5

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

6

subject

7

(g-2), and (g-3);

to

the

exclusions

by

Subsections

(g),

(g-1),

(x)AAstudents who successfully completed an

8
9

provided

OnRamps dual enrollment course; [and]
(xi)AA[the

10

percentage

of]

students

who

11

successfully completed a practicum or internship approved by the

12

State Board of Education; and
(xii)AAstudents who are awarded an associate

13
14

[associate ’s] degree;

15
16

(2)AAin

the

school

progress

domain,

indicators

for

effectiveness in promoting student learning, which must include[:

17

[(A)AAfor

assessment

instruments,

including

18

assessment instruments under Subdivisions (1)(A)(i) and (ii), the

19

percentage of students who met the standard for improvement, as

20

determined by the commissioner; and

21

[(B)AAfor evaluating relative performance,] the

22

performance of districts and campuses compared to similar districts

23

or campuses; and

24

(3)AAin

the

closing

the

gaps

domain,

the

use

of

25

disaggregated data to demonstrate the differentials among students

26

from

27

backgrounds, and other factors, including:

different

racial

and

ethnic

18

groups,

socioeconomic

 H.B.ANo.A736
(A)AAstudents

1
2

formerly

receiving

special

education services;

3

(B)AAstudents continuously enrolled; and

4

(C)AAstudents who are mobile.
SECTIONA25.AASection 39.054(b-1), Education Code, is amended

5
6

to read as follows:
(b-1)AAConsideration

7
8

of

the

effectiveness

(1)AAmust[:

10

[(A)]AAbe

based

on

data

collected

11

Public

12

purposes of accountability under this chapter; and

Education

13

Management

System

(PEIMS)

the
for

under Section 39.023; and]
(2)AAmay

be

based

on

the

results

of

a

special

accreditation investigation conducted under Section 39.057.

17
18

Information

through

[(B)AAinclude the results of assessments required

15
16

district

programs under Section 39.052(b)(2)(B) or (C):

9

14

of

SECTIONA26.AASection 39.055, Education Code, is amended to
read as follows:

19

Sec.A39.055.AASTUDENT ORDERED BY A JUVENILE COURT OR STUDENT

20

IN

21

PURPOSES.

22

to the extent otherwise provided under Section 39.053(g-3), for

23

purposes

24

campus, or open-enrollment charter school under this chapter, a

25

student ordered by a juvenile court into a residential program or

26

facility operated by or under contract with the Texas Juvenile

27

Justice Department, a juvenile board, or any other governmental

RESIDENTIAL

FACILITY

NOT

CONSIDERED

FOR

ACCOUNTABILITY

Notwithstanding any other provision of this code except

of

determining

the

performance

19

of

a

school

district,

 H.B.ANo.A736
1

entity or any student who is receiving treatment in a residential

2

facility is not considered to be a student of the school district in

3

which

4

open-enrollment charter school, as applicable.

5

such a student on an [assessment instrument or other] achievement

6

indicator

7

adopted under Section 39.301 shall be determined, reported, and

8

considered separately from the performance of students attending a

9

school

the

program

adopted

of

10

physically

11

applicable.

facility

under

Section

district

located

or

is

in
an

physically

39.053

which

the

or

located

of

an

The performance of

reporting

program

open-enrollment

or

or

indicator

facility

is

school,

as

charter

SECTIONA27.AASections 39.301(c) and (d), Education Code, are

12
13

the

or

amended to read as follows:
(c)AAIndicators for reporting purposes must include:

14
15

(1)AAthe percentage of graduating students who meet the

16

course requirements established by State Board of Education rule

17

for:

18

(A)AAthe foundation high school program;

19

(B)AAthe distinguished level of achievement under

20

the foundation high school program; and

21
22
23
24

(C)AAeach

endorsement

described

by

Section

28.025(c-1);
(2)AAthe

results

of

the

SAT,

ACT,

and

certified

workforce training programs described by Chapter 311, Labor Code;

25

(3)AAthe percentage of students, aggregated by grade

26

level and subject area, who satisfy each performance standard under

27

Section 39.0241 on assessment instruments required under:

20

 H.B.ANo.A736
1

(A)AASection 39.023(a); and

2

(B)AASection 39.023(c);
(4)AAfor

3

students

to

39.0241,

6

39.023(a) or (c), the performance of those students on subsequent

7

assessment instruments required under those sections, aggregated

8

by grade level and subject area;

assessment

(5)A[(4)]AAfor

standard

perform

5

9

performance

failed

satisfactorily,
an

each

have

4

on

under

who

instrument

each

campus,

required

the

under

Section

under

Section

number

of

students,

10

disaggregated by major student subpopulations, that take courses

11

under

12

courses

13

disaggregated by type of endorsement;

the

14

foundation

to

earn

high

an

school

program

endorsement

under

and

take

Section

additional

28.025(c-1),

(6)A[(5)]AAthe percentage of students, aggregated by

15

grade

16

28.0211

17

administered

18

promoted

19

Section 28.0211], the subject of the assessment instrument on which

20

each

21

performance standard under Section 39.0241, and the performance of

22

those

23

promotion] on the assessment instruments required under Section

24

39.023;

level,

provided

[28.0211(c),
under

through

student

students

25

accelerated
the

that

the

in

results

to

the

of

section,

grade

failed

perform

under

assessment

the

placement

following

(7)A[(6)]AAthe

instruction

percentage
committee

percentage

of

year

instruments
of

students

of

27

assessment instrument under Sections 39.027(a)(1) and (2);

from

21

the

each

[following

English

exempted

under

under

26

proficiency

students

process

satisfactorily

school

Section

administration

that

limited
of

an

 H.B.ANo.A736
(8)A[(7)]AAthe

1

percentage

of

students

in

a

special

2

education program under Subchapter A, Chapter 29, assessed through

3

assessment

4

39.023(b);
[(8)AAthe

5
6

instruments

developed

percentage

or

of

adopted

students

who

Section

satisfy

the

college readiness measure;]
(9)AAthe

7

under

measure
Section

of

progress

proficiency

9

English proficiency, as defined by Section 29.052;
(10)AAthe

10

39.034(b),

percentage

of

for

toward

8

11

under

dual

students

students

language

of

who

limited

are

not

educationally disadvantaged;

12

(11)AAthe percentage of students who enroll and begin

13

instruction at an institution of higher education in the school

14

year following high school graduation; and
(12)AAthe

15

percentage

of

students

who

successfully

16

complete the first year of instruction at an institution of higher

17

education without needing a developmental education course.

18

(d)AAPerformance

on

the

indicators

described

by

Section

19

39.053(c) and Subsections (c)(3), (4), (5), and (9) must be based on

20

longitudinal student data that is disaggregated by the bilingual

21

education or special language program, if any, in which students of

22

limited English proficiency, as defined by Section 29.052, are or

23

former students of limited English proficiency were enrolled.

24

student described by this subsection is not or was not enrolled in

25

specialized

26

those students shall be provided.

27

language

instruction,

the

number

and

If a

percentage

of

SECTIONA28.AASection 39.305(b), Education Code, is amended

22

 H.B.ANo.A736
1
2
3

to read as follows:
(b)AAThe

report

card

shall

include

the

following

achievement

indicators

information:
(1)AAwhere

4

by

Section

applicable,
39.053(c)

the

5

described

and

the

reporting

6

described by Sections 39.301(c)(1) through (6) [(5)];

indicators

7

(2)AAaverage class size by grade level and subject;

8

(3)AAthe

9

administrative

and

instructional

costs

per

student, computed in a manner consistent with Section 44.0071; and
(4)AAthe

10

district ’s

instructional

expenditures

ratio

11

and instructional employees ratio computed under Section 44.0071,

12

and the statewide average of those ratios, as determined by the

13

commissioner.

14

SECTIONA29.AASection

15

amended to read as follows:
(20)AAThe

16

must

Code,

contain

a

comparison

charter

schools

and

described

by

of

is

the

performance

18

districts

19

39.053(c) and [,] the reporting indicators described by Section

20

39.301(c), [and the accountability measures adopted under Section

21

39.053(i),]

with

22

performance

of

23

serving students at risk of dropping out of school, as described by

24

Section 29.081(d), with the performance of school districts.

26
27

on

open-enrollment

Education

17

25

of

report

39.332(b)(20),

the

achievement

a

indicators

separately

open-enrollment

SECTIONA30.AAEffective

aggregated
charter

September

schools

1,

provisions of the Education Code are repealed:
(1)AASection 19.0043(c);

23

comparison

2019,

school
Section

of

the

predominantly

the

following

 H.B.ANo.A736
1

(2)AASection 21.4551(c);

2

(3)AASections 28.0211(a), (a-2), (b), (e), (f), (i-1),

3

(i-2), (n), (o), and (p);

4

(4)AASection 28.025(d);

5

(5)AASection 28.0255(h);

6

(6)AASection 29.259(c);

7

(7)AASection 30.104(c);

8

(8)AASection 39.0231;

9

(9)AASections

10

39.025(a-1),

(a-4),

(b),

(c),

(c-1),

(c-2), (d), (e), (f), (f-1), (f-2), and (g);
(10)AASection

11

39.025(a-2),

as

added

by

Chapter

1036

12

(H.B. 1613), Acts of the 84th Legislature, Regular Session, 2015;

13

and

14

(11)AASections 39.053(c-2), (c-3), (d), and (d-1).

15

SECTIONA31.AATo the extent of any conflict, this Act prevails

16

over another Act of the 86th Legislature, Regular Session, 2019,

17

relating to nonsubstantive additions to and corrections in enacted

18

codes.
SECTIONA32.AAThis Act applies beginning with the 2019-2020

19
20

school year.

21

SECTIONA33.AAExcept as otherwise provided by this Act, this

22

Act takes effect immediately if it receives a vote of two-thirds of

23

all the members elected to each house, as provided by Section 39,

24

Article III, Texas Constitution.

25

vote

26

September 1, 2019.

necessary

for

immediate

If this Act does not receive the
effect,

24

this

Act

takes

effect