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.