83R509 CAS-F
By: Callegari H.B. No. 85
A BILL TO BE ENTITLED
AN ACT
relating to state administration of assessment instruments to
public school students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 28.014(a), (c), and (f), Education
Code, are amended to read as follows:
(a) The commissioner of education and the commissioner of
higher education shall develop and recommend to the State Board of
Education for adoption under Section 28.002 the essential knowledge
and skills of courses in college preparatory mathematics, science,
[social studies,] and English language arts. The courses must be
designed:
(1) for students at the 12th grade level who do not
meet college readiness standards on an end-of-course assessment
instrument required under Section 39.023(c); and
(2) to prepare students for success in entry-level
college courses.
(c) The agency, in consultation with the Texas Higher
Education Coordinating Board, shall adopt an end-of-course
assessment instrument for each course developed under this section
to ensure the rigor of the course. A school district shall, in
accordance with State Board of Education rules, administer the
end-of-course assessment instrument to a student enrolled in a
course developed under this section. Each school district shall
adopt a policy addressing whether [that requires] a student's
performance on the end-of-course assessment instrument will be used
by the district in determining [to account for 15 percent of] the
student's final grade for the course and, if so, the manner in which
the student's performance on the end-of-course assessment
instrument will be used in determining the student's final grade
for the course. A student's performance on an end-of-course
assessment instrument administered under this subsection may be
used, on a scale of 0-40, in calculating whether the student
satisfies the graduation requirements established under Section
39.025.
(f) To the extent applicable, the commissioner shall draw
from curricula and instructional materials developed under Section
[Sections] 28.008 [and 61.0763] in developing a course and related
instructional materials under this section. Not later than
September 1, 2010, the State Board of Education shall adopt
essential knowledge and skills for each course developed under this
section. The State Board of Education shall make each course
developed under this section and the related instructional
materials available to school districts not later than the
2014-2015 school year. Not later than the 2014-2015 school year,
as [As] required by Subsection (c), a school district shall adopt a
policy addressing whether [requiring] a student's performance on an
end-of-course assessment instrument administered under that
subsection will be used by the district in determining [to account
for 15 percent of] the student's grade for a course developed under
this section and, if so, the manner in which the student's
performance on the end-of-course assessment instrument will be used
in determining the student's final grade for the course [not later
than the 2014-2015 school year]. This subsection expires
September 1, 2015.
SECTION 2. Section 28.0211(o), Education Code, is amended
to read as follows:
(o) This section does not require the administration of
a fifth or eighth grade assessment instrument in a subject under
Section 39.023(a) to a student enrolled in the fifth or eighth
grade, as applicable, if the student:
(1) is enrolled in a course in the subject intended for
students above the student's grade level and will be administered
an assessment instrument adopted [or developed] under Section
39.023(a) that aligns with the curriculum for the course in which
the student is enrolled; or
(2) is enrolled in a course in the subject for which
the student will receive high school academic credit and will be
administered an end-of-course assessment instrument adopted under
Section 39.023(c) for the course.
SECTION 3. Section 39.023, Education Code, is amended by
amending Subsections (a), (a-1), (a-2), (b), (c), (c-1), (c-3),
(c-4), (n), and (p) and adding Subsection (c-7) to read as follows:
(a) The agency shall adopt [or develop] appropriate
nationally recognized, norm-referenced [criterion-referenced]
assessment instruments designed to assess essential knowledge and
skills in reading, [writing,] 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
seven without the aid of technology and in grade eight with the aid
of technology on any assessment instrument that includes algebra;
(2) reading, annually in grades three through eight;
(3) [writing, including spelling and grammar, in
grades four and seven;
[(4) social studies, in grade eight;
[(5)] science, in grades five and eight; and
(4) [(6)] any other subject and grade required by
federal law.
(a-1) Assessment [The agency shall develop assessment]
instruments required under Subsection (a) must allow [in a manner
that allows], to the extent practicable:
(1) the score a student receives to provide reliable
information relating to a student's satisfactory performance [for
each performance standard] under Section 39.0241; and
(2) an appropriate range of performances to serve as a
valid indication of growth in student achievement.
(a-2) A student is not required to be assessed in a subject
otherwise assessed at the student's grade level under Subsection
(a) if the student:
(1) is enrolled in a course in the subject intended for
students above the student's grade level and will be administered
an assessment instrument adopted [or developed] under Subsection
(a) that aligns with the curriculum for the course in which the
student is enrolled; or
(2) is enrolled in a course in the subject for which
the student will receive high school academic credit and will be
administered an end-of-course assessment instrument adopted under
Subsection (c) for the course.
(b) The agency shall [develop or] adopt appropriate
norm-referenced [criterion-referenced] alternative assessment
instruments to be administered to each student in a special
education program under Subchapter A, Chapter 29, for whom an
assessment instrument adopted under Subsection (a), even with
allowable accommodations, would not provide an appropriate measure
of student achievement, as determined by the student's admission,
review, and dismissal committee.
(c) The agency shall also adopt end-of-course assessment
instruments for secondary-level courses in Algebra I, [Algebra II,
geometry,] biology, chemistry, physics, and [English I, English
II,] English III[, world geography, world history, and United
States history]. The Algebra I[, Algebra II, and geometry]
end-of-course assessment instrument [instruments] must be
administered with the aid of technology. A school district shall
comply with State Board of Education rules regarding administration
of the assessment instruments listed in this subsection. A
district [and] shall adopt a policy addressing whether [that
requires] a student's performance on an end-of-course assessment
instrument for a course listed in this subsection in which the
student is enrolled will be used by the district in determining [to
account for 15 percent of] the student's final grade for the course
and, if so, the manner in which the student's performance on the
end-of-course assessment instrument will be used in determining the
student's final grade for the course. If a student retakes an
end-of-course assessment instrument for a course listed in this
subsection, as provided by Section 39.025, a [school] district
shall act in accordance with district policy concerning whether [is
not required] to use and, if so, the manner in which to use the
student's performance on the subsequent administration or
administrations of the assessment instrument in determining [to
determine] the student's final grade for the course. 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. 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-1) Any [The agency shall develop any] assessment
instrument required under this section must allow [in a manner that
allows] for the measurement of annual improvement in student
achievement as required by Sections 39.034(c) and (d).
(c-3) In adopting a schedule for the administration of
assessment instruments under this section, the State Board of
Education shall require:
(1) assessment instruments administered under
Subsection (a) to be administered on a schedule so that the first
assessment instrument is administered at least two weeks later than
the date on which the first assessment instrument was administered
under Subsection (a) during the 2006-2007 school year; and
(2) the spring administration of end-of-course
assessment instruments under Subsection (c) to occur in each school
district not earlier than the first full week in May, except that
the spring administration of the end-of-course assessment
instrument [instruments] in [English I, English II, and] English
III must be permitted to occur at an earlier date.
(c-4) To the extent practicable [and subject to Section
39.024], the agency shall ensure that each end-of-course assessment
instrument adopted under Subsection (c) is:
(1) developed in a manner that measures a student's
performance under the college readiness standards established
under Section 28.008; and
(2) validated by national postsecondary education
experts for college readiness content and performance standards.
(c-7) The results of assessment instruments adopted under
Subsection (a) or (c) may not be used for purposes of appraisals or
incentives under Chapter 21.
(n) This subsection applies only to a student who is
determined to have dyslexia or a related disorder and who is an
individual with a disability under 29 U.S.C. Section 705(20) [and
its subsequent amendments]. The agency shall adopt [or develop]
appropriate norm-referenced [criterion-referenced] assessment
instruments designed to assess the ability of and to be
administered to each student to whom this subsection applies for
whom the assessment instruments adopted under Subsection (a), even
with allowable modifications, would not provide an appropriate
measure of student achievement, as determined by the committee
established by the board of trustees of the district to determine
the placement of students with dyslexia or related disorders. The
committee shall determine whether any allowable modification is
necessary in administering to a student an assessment instrument
required under this subsection. The assessment instruments
required under this subsection shall be administered on the same
schedule as the assessment instruments administered under
Subsection (a).
(p) On or before September 1 of each year, the commissioner
shall make the following information available on the agency's
Internet website for each assessment instrument administered under
Subsection (a), (c), or (l):
(1) the number of questions on the assessment
instrument;
(2) the number of questions that must be answered
correctly to achieve satisfactory performance as determined by the
commissioner under Section 39.0241(a); and
(3) [the number of questions that must be answered
correctly to achieve satisfactory performance under the college
readiness performance standard as provided by Section 39.0241; and
[(4)] the [corresponding] scale scores.
SECTION 4. Section 39.0232, Education Code, is amended to
read as follows:
Sec. 39.0232. USE OF END-OF-COURSE ASSESSMENT INSTRUMENT AS
PLACEMENT INSTRUMENT. To the extent practicable, the agency shall
ensure that any high school end-of-course assessment instrument
adopted [developed] by the agency has been [is] developed in such a
manner that the assessment instrument may be used to determine the
appropriate placement of a student in a course of the same subject
matter at an institution of higher education.
SECTION 5. Section 39.0241(a-2), Education Code, is amended
to read as follows:
(a-2) For the purpose of establishing performance across
grade levels, the commissioner shall establish:
(1) [the performance standards for the Algebra II and
English III end-of-course assessment instruments, as provided
under Section 39.024(b) and under Subsection (a);
[(2) the performance standards for the Algebra I and
English II end-of-course assessment instruments, as determined
based on studies under Section 39.0242 that correlate student
performance on the Algebra I and English II end-of-course
assessment instruments with student performance on the Algebra II
and English III assessment instruments;
[(3) the performance standards for the English I
end-of-course assessment instrument, as determined based on
studies under Section 39.0242 that correlate student performance on
the English I end-of-course assessment instrument with student
performance on the English II assessment instrument;
[(4)] the performance standards for the grade eight
mathematics assessment instrument [instruments], as determined
based on studies under Section 39.0242 that correlate student
performance on that [the grade eight] assessment instrument
[instruments] with student performance on the Algebra I [and
English I] end-of-course assessment instrument [instruments in the
same content area]; and
(2) [(5)] the performance standards on the assessment
instruments in each of grades three through seven, as determined
based on studies under Section 39.0242 that correlate student
performance in the same content area on the assessment instrument
for each grade with student performance on the assessment
instrument in the succeeding grade.
SECTION 6. Section 39.0242(b), Education Code, is amended
to read as follows:
(b) Before the beginning of the 2011-2012 school year, the
agency shall analyze the data collected under Subsection (a) to
substantiate:
(1) the correlation between satisfactory student
performance [for each performance standard] under Section 39.0241
on the grade three, four, five, six, or seven assessment
instruments with satisfactory performance [under the same
performance standard] on the assessment instruments in the same
content area for the next grade level; and
(2) the correlation between satisfactory student
performance [for each performance standard] under Section 39.0241
on the grade eight mathematics assessment instrument [instruments]
with satisfactory performance [under the same performance
standard] on the Algebra I [and English I] end-of-course assessment
instrument [instruments in the same content area;
[(3) the correlation between satisfactory student
performance for each performance standard under Section 39.0241 on
the English I end-of-course assessment instrument with
satisfactory performance under the same performance standard on the
English II end-of-course assessment instrument;
[(4) the correlation between satisfactory student
performance for each performance standard under Section 39.0241 on
the English II end-of-course assessment instrument with
satisfactory performance under the same performance standard on the
English III end-of-course assessment instrument; and
[(5) the correlation between satisfactory student
performance for each performance standard under Section 39.0241 on
the Algebra I end-of-course assessment instrument with
satisfactory performance under the same performance standard on the
Algebra II end-of-course assessment instrument].
SECTION 7. Sections 39.025(a), (a-1), (a-2), (b), (b-2),
(e), and (g), Education Code, are amended to read as follows:
(a) The commissioner shall adopt rules requiring a student
participating in the recommended or advanced high school program to
be administered each end-of-course assessment instrument listed in
Section 39.023(c) and requiring a student participating in the
minimum high school program to be administered an end-of-course
assessment instrument listed in Section 39.023(c) only for a course
in which the student is enrolled and for which an end-of-course
assessment instrument is administered. [A student is required to
achieve, in each subject in the foundation curriculum under Section
28.002(a)(1), a cumulative score that is at least equal to the
product of the number of end-of-course assessment instruments
administered to the student in that subject and a scale score that
indicates satisfactory performance, as determined by the
commissioner under Section 39.0241(a). A student must achieve a
minimum score as determined by the commissioner to be within a
reasonable range of the scale score under Section 39.0241(a) on an
end-of-course assessment instrument for the score to count towards
the student's cumulative score. For purposes of this subsection, a
student's cumulative score is determined using the student's
highest score on each end-of-course assessment instrument
administered to the student. A student may not receive a high
school diploma until the student has performed satisfactorily on
the end-of-course assessment instruments in the manner provided
under this subsection. This subsection does not require a student
to demonstrate readiness to enroll in an institution of higher
education.]
(a-1) The commissioner by rule shall determine a method by
which a student's satisfactory performance on an advanced placement
test, international baccalaureate examination, an SAT Subject
Test, or another assessment instrument determined by the
commissioner to be at least as rigorous as an end-of-course
assessment instrument adopted under Section 39.023(c) may be used
as a factor in determining whether the student satisfies the
requirements of Subsections [Subsection] (a) and (a-2) [,
including the cumulative score requirement of that
subsection]. The commissioner by rule may determine a method by
which a student's satisfactory performance on a Preliminary
Scholastic Assessment Test (PSAT) assessment or a preliminary
American College Test (ACT) assessment may be used as a factor in
determining whether the student satisfies the requirements of
Subsections [Subsection] (a) and (a-2).
(a-2) To graduate under the minimum, recommended, or
advanced high school program [In addition to the cumulative score
requirements under Subsection (a)], a student must achieve a score
that meets or exceeds the score determined by the commissioner
under Section 39.0241(a) on end-of-course assessment instruments
for the following:
(1) English III;
(2) [and] Algebra I; and
(3) biology, chemistry, or physics [II end-of-course
assessment instruments to graduate under the recommended high
school program].
(b) Each time an end-of-course assessment instrument is
administered, a student who failed to achieve the [a minimum] score
requirement under Subsection (a-2) on an assessment instrument as
necessary for receiving a high school diploma [(a)] shall retake
the assessment instrument. [A student who fails to perform
satisfactorily on an Algebra II or English III end-of-course
assessment instrument under the college readiness performance
standard, as provided under Section 39.024(b), may retake the
assessment instrument.] Any other student may retake an
end-of-course assessment instrument for any reason. A student is
not required to retake a course as a condition of retaking an
end-of-course assessment instrument.
(b-2) If a school district determines that a student, on
completion of grade 11, is unlikely to achieve the [cumulative]
score requirement under Subsection (a-2) [requirements] for one or
more end-of-course assessment instruments as necessary [subjects
prescribed by Subsection (a)] for receiving a high school diploma,
the district shall require the student to enroll in a corresponding
content-area college preparatory course for which an end-of-course
assessment instrument has been adopted, if available. A student
who enrolls in a college preparatory course described by this
subsection shall be administered an end-of-course assessment
instrument for the course, with the end-of-course assessment
instrument scored on a scale as determined by the commissioner [not
to exceed 20 percent of the cumulative score requirements required
to graduate as determined under Subsection (a)]. A student may use
the student's score on the end-of-course assessment instrument for
the college preparatory course to satisfy [towards satisfying] the
[cumulative] score requirement under [requirements prescribed by]
Subsection (a-2) [(a)].
(e) The commissioner shall establish a required performance
level for an assessment instrument adopted under Subsection (d)
that is at least as rigorous as the performance level required to be
met under Subsection (a-2) [(a)].
(g) Rules adopted under Subsection (f) must require that
each student who will be subject to the requirements of this section
[Subsection (a)] is entitled to notice of the specific requirements
applicable to the student. Notice under this subsection must be
provided not later than the date the student enters the eighth
grade. Subsection (f) and this subsection expire September 1, 2017
[2015].
SECTION 8. Sections 39.0301(a) and (b), Education Code, are
amended to read as follows:
(a) The commissioner:
(1) shall establish procedures for the administration
of assessment instruments adopted [or developed] under Section
39.023, including procedures designed to ensure the security of the
assessment instruments; and
(2) may establish record retention requirements for
school district records related to the security of assessment
instruments.
(b) The commissioner may develop and implement statistical
methods and standards for identifying potential violations of
procedures established under Subsection (a) to ensure the security
of assessment instruments adopted [or developed] under Section
39.023. In developing the statistical methods and standards, the
commissioner may include indicators of:
(1) potential violations that are monitored annually;
and
(2) patterns of inappropriate assessment practices
that occur over time.
SECTION 9. Section 39.0303(a), Education Code, is amended
to read as follows:
(a) A person commits an offense if:
(1) the person intentionally discloses the contents of
any portion of a secure assessment instrument adopted, developed,
or administered under this subchapter, including the answer to any
item in the assessment instrument; and
(2) the disclosure affects or is likely to affect the
individual performance of one or more students on the assessment
instrument.
SECTION 10. Sections 39.053(c) and (i), Education Code, are
amended to read as follows:
(c) Indicators of student achievement adopted under this
section must include:
(1) the results of assessment instruments required
under Sections 39.023(a), (c), and (l), 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):
(A) [(i)] the percentage of students who
performed satisfactorily on the assessment instruments, aggregated
across grade levels by subject area; and
(B) [(ii)] for students who did not perform
satisfactorily, the percentage of students who met the standard for
annual improvement, as determined by the agency under Section
39.034, 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:
[(i) the percentage of students who
performed satisfactorily on the assessment instruments, aggregated
across grade levels by subject area; and
[(ii) for students who did not perform
satisfactorily, the percentage of students who met the standard for
annual improvement, as determined by the agency under Section
39.034, on the assessment instruments, aggregated across grade
levels by subject area];
(2) dropout rates, including dropout rates and
district completion rates for grade levels 9 through 12, computed
in accordance with standards and definitions adopted by the
National Center for Education Statistics of the United States
Department of Education; and
(3) high school graduation rates, computed in
accordance with standards and definitions adopted in compliance
with the No Child Left Behind Act of 2001 (20 U.S.C. Section 6301 et
seq.).
(i) The commissioner by rule shall adopt accountability
measures to be used in assessing the progress of students who have
failed to perform satisfactorily as determined by the commissioner
under Section 39.0241(a) [or under the college readiness standard
as determined under Section 39.0241] in the preceding school year
on an assessment instrument required under Section 39.023(a), (c),
or (l).
SECTION 11. Section 39.057(a), Education Code, is amended
to read as follows:
(a) The commissioner shall authorize special accreditation
investigations to be conducted:
(1) when excessive numbers of absences of students
eligible to be tested on state assessment instruments are
determined;
(2) when excessive numbers of allowable exemptions
from the required state assessment instruments are determined;
(3) in response to complaints submitted to the agency
with respect to alleged violations of civil rights or other
requirements imposed on the state by federal law or court order;
(4) in response to established compliance reviews of
the district's financial accounting practices and state and federal
program requirements;
(5) when extraordinary numbers of student placements
in disciplinary alternative education programs, other than
placements under Sections 37.006 and 37.007, are determined;
(6) in response to an allegation involving a conflict
between members of the board of trustees or between the board and
the district administration if it appears that the conflict
involves a violation of a role or duty of the board members or the
administration clearly defined by this code;
(7) when excessive numbers of students in special
education programs under Subchapter A, Chapter 29, are assessed
through assessment instruments [developed or] adopted under
Section 39.023(b);
(8) in response to an allegation regarding or an
analysis using a statistical method result indicating a possible
violation of an assessment instrument security procedure
established under Section 39.0301, including for the purpose of
investigating or auditing a school district under that section;
(9) when a significant pattern of decreased academic
performance has developed as a result of the promotion in the
preceding two school years of students who did not perform
satisfactorily as determined by the commissioner under Section
39.0241(a) on assessment instruments administered under Section
39.023(a), (c), or (l);
(10) when excessive numbers of students graduate under
the minimum high school program;
(11) when excessive numbers of students eligible to
enroll fail to complete an Algebra II course or any other course
determined by the commissioner as distinguishing between students
participating in the recommended high school program from students
participating in the minimum high school program;
(12) when resource allocation practices as evaluated
under Section 39.0821 indicate a potential for significant
improvement in resource allocation; or
(13) as the commissioner otherwise determines
necessary.
SECTION 12. Section 39.202, Education Code, is amended to
read as follows:
Sec. 39.202. ACADEMIC EXCELLENCE DISTINCTION DESIGNATION
FOR DISTRICTS AND CAMPUSES. The commissioner by rule shall
establish a recognized and exemplary rating for awarding districts
and campuses an academic distinction designation under this
subchapter. In establishing the recognized and exemplary ratings,
the commissioner shall adopt criteria for the ratings, including:
(1) percentages of students who[:
[(A) performed satisfactorily, as determined
under the college readiness performance standard under Section
39.0241, on assessment instruments required under Section
39.023(a), (b), (c), or (l), aggregated across grade levels by
subject area; or
[(B)] met the standard for annual improvement, as
determined by the agency under Section 39.034, on assessment
instruments required under Section 39.023(a), (b), (c), or (l),
aggregated across grade levels by subject area[, for students who
did not perform satisfactorily as described by Paragraph (A)]; and
(2) other factors for determining sufficient student
attainment of postsecondary readiness.
SECTION 13. Section 39.301(c), Education Code, is amended
to read as follows:
(c) Indicators for reporting purposes must include:
(1) the percentage of graduating students who meet the
course requirements established by State Board of Education rule
for the minimum high school program, the recommended high school
program, and the advanced high school program;
(2) the results of the SAT, ACT, articulated
postsecondary degree programs described by Section 61.852, and
certified workforce training programs described by Chapter 311,
Labor Code;
(3) for students who have failed to perform
satisfactorily[,] under [each performance standard under] Section
39.0241[,] on an assessment instrument required under Section
39.023(a) or (c), the performance of those students on subsequent
assessment instruments required under those sections, aggregated
by grade level and subject area;
(4) for each campus, the number of students,
disaggregated by major student subpopulations, that agree under
Section 28.025(b) to take courses under the minimum high school
program;
(5) the percentage of students, aggregated by grade
level, provided accelerated instruction under Section 28.0211(c),
the results of assessment instruments administered under that
section, the percentage of students promoted through the grade
placement committee process under Section 28.0211, the subject of
the assessment instrument on which each student failed to perform
satisfactorily under [each performance standard under] Section
39.0241, and the performance of those students in the school year
following that promotion on the assessment instruments required
under Section 39.023;
(6) the percentage of students of limited English
proficiency exempted from the administration of an assessment
instrument under Sections 39.027(a)(1) and (2);
(7) the percentage of students in a special education
program under Subchapter A, Chapter 29, assessed through assessment
instruments [developed or] adopted under Section 39.023(b);
(8) [the percentage of students who satisfy the
college readiness measure;
[(9)] the measure of progress toward dual language
proficiency under Section 39.034(b), for students of limited
English proficiency, as defined by Section 29.052;
(9) [(10)] the percentage of students who are not
educationally disadvantaged;
(10) [(11)] the percentage of students who enroll and
begin instruction at an institution of higher education in the
school year following high school graduation; and
(11) [(12)] the percentage of students who
successfully complete the first year of instruction at an
institution of higher education without needing a developmental
education course.
SECTION 14. Section 39.303(b), Education Code, is amended
to read as follows:
(b) For a student who failed to perform satisfactorily as
determined under the [either] performance standard under Section
39.0241(a) [39.0241] on an assessment instrument administered
under Section 39.023(a), (c), or (l), the school district shall
include in the notice specific information relating to access to
educational resources at the appropriate assessment instrument
content level, including assessment instrument questions and
answers released under Section 39.023(e).
SECTION 15. Section 51.3062(i), Education Code, is amended
to read as follows:
(i) The institution of higher education may refer a student
to developmental coursework as considered necessary by the
institution to address a student's deficiencies in the student's
readiness to perform freshman-level academic coursework, except
that the institution may not require enrollment in developmental
coursework with respect to a student [previously determined under
Subsection (q-1) or] determined by any institution of higher
education to have met college-readiness standards. An institution
that requires a student to enroll in developmental coursework must
offer a range of developmental coursework, including online
coursework, or instructional support that includes the integration
of technology to efficiently address the particular developmental
needs of the student.
SECTION 16. Section 56.3041, Education Code, is amended to
read as follows:
Sec. 56.3041. INITIAL ELIGIBILITY OF PERSON GRADUATING FROM
HIGH SCHOOL ON OR AFTER MAY 1, 2013, AND ENROLLING IN A GENERAL
ACADEMIC TEACHING INSTITUTION. Notwithstanding Section
56.304(a), to be eligible initially for a TEXAS grant, a person
graduating from high school on or after May 1, 2013, and enrolling
in a general academic teaching institution must:
(1) be a resident of this state as determined by
coordinating board rules;
(2) meet the academic requirements prescribed by
Paragraph (A), (B), or (C) as follows:
(A) be a graduate of a public or accredited
private high school in this state who completed the recommended
high school program established under Section 28.025 or its
equivalent and have accomplished any two or more of the following:
(i) graduation under the advanced high
school program established under Section 28.025 or its equivalent,
successful completion of the course requirements of the
international baccalaureate diploma program, or earning of the
equivalent of at least 12 semester credit hours of college credit in
high school through courses described in Sections 28.009(a)(1),
(2), and (3);
(ii) satisfaction of the Texas Success
Initiative (TSI) college readiness benchmarks prescribed by the
coordinating board under Section 51.3062(f) on any assessment
instrument designated by the coordinating board under Section
51.3062(c) [or (e)] or qualification for an exemption as described
by Section 51.3062(p) or[,] (q)[, or (q-1)];
(iii) graduation in the top one-third of
the person's high school graduating class or graduation from high
school with a grade point average of at least 3.0 on a four-point
scale or the equivalent; or
(iv) completion for high school credit of
at least one advanced mathematics course following the successful
completion of an Algebra II course, as permitted by Section
28.025(b-3), or at least one advanced career and technical course,
as permitted by Section 28.025(b-2);
(B) have received an associate degree from a
public or private institution of higher education; or
(C) if sufficient money is available, meet the
eligibility criteria described by Section 56.304(a)(2)(A);
(3) meet financial need requirements established by
the coordinating board;
(4) be enrolled in an undergraduate degree or
certificate program at the general academic teaching institution;
(5) except as provided under rules adopted under
Section 56.304(h), be enrolled as:
(A) an entering undergraduate student for at
least three-fourths of a full course load, as determined by the
coordinating board, not later than the 16th month after the
calendar month in which the person graduated from high school;
(B) an entering undergraduate student who
entered military service not later than the first anniversary of
the date the person graduated from high school and who enrolled for
at least three-fourths of a full course load, as determined by the
coordinating board, at the general academic teaching institution
not later than 12 months after being honorably discharged from
military service; or
(C) a continuing undergraduate student for at
least three-fourths of a full course load, as determined by the
coordinating board, not later than the 12th month after the
calendar month in which the person received an associate degree
from a public or private institution of higher education;
(6) have applied for any available financial aid or
assistance; and
(7) comply with any additional nonacademic
requirements adopted by the coordinating board under this
subchapter.
SECTION 17. The following sections of the Education Code
are repealed:
(1) Section 39.024;
(2) Section 39.0241(a-1);
(3) Section 39.025(a-3);
(4) Section 39.028; and
(5) Section 51.3062(q-1).
SECTION 18. Section 39.025, Education Code, as amended by
this Act, applies only to students entering the ninth grade during
the 2013-2014 school year or a later school year. For students
entering a grade above ninth grade during the 2013-2014 school
year, Section 39.025, Education Code, as that section existed
before amendment by this Act, applies, and that section is
continued in effect for that purpose.
SECTION 19. This Act applies beginning with the 2013-2014
school year.
SECTION 20. 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, 2013.