H.R. No. 2637       R E S O L U T I O N          BE IT RESOLVED by the House of Representatives of the State of   Texas, 85th Legislature, Regular Session, 2017, That House Rule 13,   Section 9(a), be suspended in part as provided by House Rule 13,   Section 9(f), to enable the conference committee appointed to   resolve the differences on House Bill 22 (public school   accountability) to consider and take action on the following   matters:          (1)  House Rule 13, Section 9(a)(3), is suspended to permit   the committee to add text on a matter that is not in disagreement in   proposed SECTION 8 of the bill, in added Section 39.053(c-3),   Education Code, to read as follows:          (c-3)  Any standard for improvement determined by the   commissioner as described by Subsection (c)(2)(A) must allow for   appropriately crediting a student for growth if the student   performs at the highest achievement standard in the previous and   current school year.          Explanation: The addition is necessary to provide an   appropriate standard for measuring student growth in performance on   assessment instruments.          (2)  House Rule 13, Section 9(a)(3), is suspended to permit   the committee to add text on a matter that is not in disagreement in   proposed SECTION 10 of the bill, in amended Section 39.054(a),   Education Code, by adding a sentence referencing added Section   39.0544, Education Code, to read as follows:          (a)  The commissioner shall adopt rules to evaluate school   district and campus performance and assign each district and campus   an overall performance rating of A, B, C, D, or F. In addition to   the overall performance rating, the commissioner shall assign each   district and campus a separate domain performance rating of A, B, C,   D, or F for each domain under Section 39.053(c) [Sections   39.053(c)(1)-(4)]. An overall or domain performance rating of A   reflects exemplary performance. An overall or domain performance   rating of B reflects recognized performance. An overall or domain   performance rating of C reflects acceptable performance. An   overall or domain performance rating of D reflect performance that   needs improvement. An overall or domain performance rating of [or]   F reflects unacceptable performance. A district may not receive an   overall or domain performance rating of A if the district includes   any campus with a corresponding overall or domain performance   rating of D or F. 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 reference in law to an   acceptable rating or acceptable performance includes an overall or   domain performance rating of A, B, [or] C, or D or performance that   is exemplary, recognized, or acceptable performance or performance   that needs improvement.          Explanation: The addition is necessary to incorporate the   local accountability system as a component in assigning performance   ratings.          (3)  House Rule 13, Section 9(a)(3), is suspended to permit   the committee to add text on a matter that is not in disagreement in   proposed SECTION 10 of the bill, in amended Section 39.054(a-2),   Education Code, by adding a reference to added Section 39.0544,   Education Code, to read as follows:          (a-2)  The commissioner by rule may [shall] adopt procedures   to ensure that a repeated performance rating of D or F or   unacceptable in one domain, particularly performance that is not   significantly improving, is reflected in the overall performance   rating of a district or campus under Section 39.0544 and is not   compensated for by a performance rating of A, B, or C in another   domain.          Explanation: The addition is necessary to provide a   reference to the local accountability system.          (4)  House Rule 13, Sections 9(a)(2) and (4), are suspended   to permit the committee to omit text that amended Section 39.0546,   Education Code, relating to performance in community and student   engagement as a component of district and campus rating, on a matter   that is not in disagreement, and add text on a matter that is not   included in either the house or senate version of the bill by   repealing in SECTION 19 of the bill Section 39.0546, Education   Code.          Explanation: The change is necessary to repeal Section   39.0546, Education Code, which is no longer necessary with the   addition of the local accountability system.          (5)  House Rule 13, Section 9(a)(3), is suspended to permit   the committee to add text on a matter that is not in disagreement in   proposed SECTION 14 of the bill, in added Section 39.0544,   Education Code, to read as follows:          Sec. 39.0544.  LOCAL ACCOUNTABILITY SYSTEM. (a) The   commissioner shall adopt rules regarding the assignment of campus   performance ratings by school districts and open-enrollment   charter schools. The rules:                (1)  must require a district or school, in assigning an   overall performance rating for a campus, to incorporate:                      (A)  domain performance ratings assigned by the   commissioner under Section 39.054; and                      (B)  performance ratings based on locally   developed domains or sets of accountability measures;                (2)  may permit a district or school to assign weights   to each domain or set of accountability measures described in   Subdivision (1), as determined by the district or school, provided   that the domains specified in Subdivision (1)(A) must in the   aggregate account for at least 50 percent of the overall   performance rating;                (3)  must require that each locally developed domain or   set of accountability measures:                      (A)  contain levels of performance that allow for   differentiation, with assigned standards for achieving the   differentiated levels;                      (B)  provide for the assignment of a letter grade   of A, B, C, D, or F; and                      (C)  meet standards for reliability and validity;                 (4)  must require that calculations for overall   performance ratings and each locally developed domain or set of   accountability measures be capable of being audited by a third   party;                (5)  must require that a district or school produce a   campus score card that may be displayed on the agency's web site;   and                (6)  must require that a district or school develop and   make available to the public an explanation of the methodology used   to assign performance ratings under this section.          (b)  The commissioner shall develop a process to approve a   request by a school district or open-enrollment charter school to   assign campus performance ratings in accordance with this section.   Under that process, a district or school must obtain approval of a   local accountability plan submitted by the district or school to   the agency. A plan may be approved only if:                (1)  after review, the agency determines the plan meets   the minimum requirements under this section and agency rule;                (2)  at the commissioner's discretion, an audit   conducted by the agency verifies the calculations included in the   plan; and                (3)  subject to Subsection (d), a review panel   appointed under Subsection (c) approves the plan.          (c)  The commissioner shall appoint a review panel for   purposes of Subsection (b)(3) that includes a majority of members   who are superintendents or members of the board of trustees or   governing body of school districts or open-enrollment charter   schools with approved local accountability plans.          (d)  The requirement under Subsection (b)(3) applies only   after performance ratings are issued in August 2019 and only if at   least 10 school districts or open-enrollment charter schools have   obtained approval of locally developed accountability plans.           (e)  A school district or open-enrollment charter school   authorized under this section to assign campus performance ratings   shall evaluate the performance of each campus as provided by this   section and assign each campus a performance rating of A, B, C, D,   or F for overall performance and for each locally developed domain   or set of accountability measures. Not later than a date   established by the commissioner, the district or school shall:                (1)  report the performance ratings to the agency; and                (2)  make the performance ratings available to the   public as provided by commissioner rule.          Explanation: The addition is necessary to provide a method   to locally assess performance of campuses by school districts and   open-enrollment charter schools.          (6)  House Rule 13, Section 9(a)(4), is suspended to permit   the committee to add text on a matter that is not included in either   the house or senate version of the bill in proposed SECTION 19 of   the bill by repealing Section 39.054(c), Education Code, as   effective September 1, 2017.          Explanation: The addition is necessary to repeal Section   39.054(c), Education Code, which is no longer necessary under the   modified performance evaluation system.          (7)  House Rule 13, Section 9(a)(4), is suspended to permit   the committee to add text on a matter that is not included in either   the house or senate version of the bill in proposed SECTION 19 of   the bill by repealing Section 39.0545, Education Code.          Explanation: The addition is necessary to repeal Section   39.0545, Education Code, which is no longer necessary with the   addition of the local accountability system.          (8)  House Rule 13, Section 9(a)(4), is suspended to permit   the committee to add text on a matter that is not included in either   the house or senate version of the bill in proposed SECTION 20 of   the bill to read as follows:          SECTION 20.  If H.B. 1500, 85th Legislature, Regular   Session, 2017, becomes law, that law has no effect.          Explanation: The addition is necessary to avoid a conflict   in law.     Huberty     ______________________________   Speaker of the House                 I certify that H.R. No. 2637 was adopted by the House on May   28, 2017, by the following vote:  Yeas 136, Nays 0, 2 present, not   voting.     ______________________________   Chief Clerk of the House