By: Taylor of Galveston S.R. No. 949     SENATE RESOLUTION          BE IT RESOLVED by the Senate of the State of Texas, 85th   Legislature, Regular Session, 2017, That Senate Rule 12.03 be   suspended in part as provided by Senate Rule 12.08 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 matter:          (1)  Senate Rule 12.03(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)  Senate Rule 12.03(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)  Senate Rule 12.03(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)  Senate Rules 12.03(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)  Senate Rule 12.03(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)  Senate Rule 12.03(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)  Senate Rule 12.03(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)  Senate Rule 12.03(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 1.  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.         _______________________________          President of the Senate                I hereby certify that the     above Resolution was adopted by     the Senate on May 28, 2017, by the   following vote:  Yeas 28, Nays 3.             _______________________________          Secretary of the Senate