By: Patrick S.R. No. 1081
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 83rd
Legislature, Regular Session, 2013, 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 5 (public school accountability, including
assessment, and curriculum requirements; providing a criminal
penalty) to consider and take action on the following matters:
(1) Senate Rule 12.03(1) is suspended to permit the
committee to amend text not in disagreement in SECTION 13 of the
bill, in amended Section 28.0212(a), Education Code, to read as
follows:
(a) A principal of a junior high or middle school shall
designate a school [guidance] counselor, teacher, or other
appropriate individual to develop and administer a personal
graduation plan for each student enrolled in the [a] junior high
or[,] middle[, or high] school who:
(1) does not perform satisfactorily on an
assessment instrument administered under Subchapter B, Chapter
39; or
(2) is not likely to receive a high school diploma
before the fifth school year following the student's enrollment
in grade level nine, as determined by the district.
Explanation: The change is necessary to conform to other
references to school counselor in the Education Code.
(2) Senate Rule 12.03(3) is suspended to permit the
committee to add text on a matter not in disagreement in SECTION
14 of the bill, in added Section 28.02121(b), Education Code, to
read as follows:
(b) A school district shall publish the information
provided to the district under Subsection (a) on the Internet
website of the district and ensure that the information is
available to students in grades nine and above and the parents or
legal guardians of those students in the language in which the
parents or legal guardians are most proficient. A district is
required to provide information under this subsection in the
language in which the parents or legal guardians are most
proficient only if at least 20 students in a grade level
primarily speak that language.
Explanation: The change is necessary to establish
procedures for providing information to parents or legal
guardians of students in the language in which the parent or
legal guardian is most proficient.
(3) Senate Rule 12.03(1) is suspended to permit the
committee to change text not in disagreement in SECTION 14 of the
bill, in added Section 28.02121(c), Education Code, to read as
follows:
(c) A principal of a high school shall designate a school
counselor or school administrator to review personal graduation
plan options with each student entering grade nine together with
that student's parent or guardian. The personal graduation plan
options reviewed must include the distinguished level of
achievement described by Section 28.025(b-15) and the
endorsements described by Section 28.025(c-1). Before the
conclusion of the school year, the student and the student's
parent or guardian must confirm and sign a personal graduation
plan for the student.
Explanation: The change is necessary to conform to other
references to school counselor in the Education Code.
(4) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill by adding the following text in
SECTION 16 of the bill, in amended Section 28.025, Education
Code, to read as follows:
(c-3) In adopting rules under Subsection (c-1), the State
Board of Education shall adopt criteria to allow a student
participating in the arts and humanities endorsement under
Subsection (c-1)(4), with the written permission of the
student's parent or a person standing in parental relation to the
student, to comply with the curriculum requirements for science
required under Subsection (c-2)(1)(B) by substituting for an
advanced course requirement a course related to that
endorsement.
Explanation: The addition is necessary to require parental
permission to substitute certain curriculum requirements.
(5) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill by adding the following text in
SECTION 16 of the bill, in amended Section 28.025, Education
Code, to read as follows:
(h-2) This subsection applies only to a student
participating in the minimum, recommended, or advanced high
school program who is completing the fourth year of high school
during the 2013-2014 school year. The commissioner by rule shall
permit a student who does not satisfy the curriculum requirements
of the high school program in which the student is participating
to graduate if the student satisfies the curriculum requirements
established for the foundation high school program under this
section as amended by H.B. No. 5, 83rd Legislature, Regular
Session, 2013, and any other requirement required for
graduation. This subsection expires September 1, 2015.
Explanation: The addition is necessary to provide
flexibility in implementation of changes to curriculum
requirements.
(6) Senate Rules 12.03(1) and (3) are suspended to permit
the committee to change and add text on a matter not in
disagreement in SECTION 16 of the bill to read as follows:
(b) Except as provided by Subsection (c) of this section,
this section applies beginning with the 2014-2015 school year.
(c) Section 28.025(h-2), Education Code, as added by this
section, applies during the 2013-2014 school year.
Explanation: The change is necessary to provide
flexibility in implementation of changes to curriculum
requirements.
(7) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter which is not included in either
the house or senate version of the bill by adding the following
text to SECTION 20 of the bill, in amended Section 29.081,
Education Code, to read as follows:
(d) For purposes of this section, "student at risk of
dropping out of school" includes each student who is under 26
[21] years of age and who:
(1) was not advanced from one grade level to the
next for one or more school years;
(2) if the student is in grade 7, 8, 9, 10, 11, or
12, did not maintain an average equivalent to 70 on a scale of 100
in two or more subjects in the foundation curriculum during a
semester in the preceding or current school year or is not
maintaining such an average in two or more subjects in the
foundation curriculum in the current semester;
(3) did not perform satisfactorily on an assessment
instrument administered to the student under Subchapter B,
Chapter 39, and who has not in the previous or current school year
subsequently performed on that instrument or another appropriate
instrument at a level equal to at least 110 percent of the level
of satisfactory performance on that instrument;
(4) if the student is in prekindergarten,
kindergarten, or grade 1, 2, or 3, did not perform satisfactorily
on a readiness test or assessment instrument administered during
the current school year;
(5) is pregnant or is a parent;
(6) has been placed in an alternative education
program in accordance with Section 37.006 during the preceding or
current school year;
(7) has been expelled in accordance with Section
37.007 during the preceding or current school year;
(8) is currently on parole, probation, deferred
prosecution, or other conditional release;
(9) was previously reported through the Public
Education Information Management System (PEIMS) to have dropped
out of school;
(10) is a student of limited English proficiency, as
defined by Section 29.052;
(11) is in the custody or care of the Department of
Protective and Regulatory Services or has, during the current
school year, been referred to the department by a school
official, officer of the juvenile court, or law enforcement
official;
(12) is homeless, as defined by 42 U.S.C. Section
11302, and its subsequent amendments; or
(13) resided in the preceding school year or resides
in the current school year in a residential placement facility in
the district, including a detention facility, substance abuse
treatment facility, emergency shelter, psychiatric hospital,
halfway house, or foster group home.
Explanation: This addition is necessary to expand the
definition of "student at risk of dropping out of school" to
include a student who is at least 21 years of age and under 26
years of age.
(8) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter which is not included in either
the house or senate version of the bill by adding the following
text to SECTION 31 of the bill, in amended Section 39.023,
Education Code, to read as follows:
(a-2) Except as required by federal law, a [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.
Explanation: This addition is necessary to ensure
compliance with federal law.
(9) Senate Rule 12.03(2) is suspended to permit the
committee to omit text not in disagreement in amended Section
39.025, Education Code, which reads as follows:
(a-2) This subsection applies only to a student who,
before entering the ninth grade in the 2011-2012 or 2012-2013
school year, completed a course before the 2011-2012 school year
in a subject for which the student received high school credit
and for which an end-of-course assessment instrument under
Section 39.023 is required during the 2013-2014 school year or a
later school year, such as Algebra I. The commissioner shall
determine a method by which a student's satisfactory performance
on an end-of-course assessment instrument for a course in the
same general subject area in which the student is enrolled during
or after the ninth grade, such as geometry, shall be used to
satisfy the requirements for the end-of-course assessment
instrument for the course completed before entering the ninth
grade and before the 2011-2012 school year. The commissioner
shall adopt rules as necessary for the administration of this
section. This subsection expires September 1, 2016 [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) for
English III and Algebra II end-of-course assessment instruments
to graduate under the recommended high school program].
Explanation: This omission of text is necessary to
provide flexibility in implementation of changes to
end-of-course assessment instrument requirements.
(10) Senate Rule 12.03(1) is suspended to permit the
committee to change text not in disagreement in SECTION 40 of the
bill, in added Section 39.038, Education Code, to read as
follows:
Sec. 39.038. RESTRICTION ON APPOINTMENTS TO ADVISORY
COMMITTEES. The commissioner may not appoint a person to a
committee or panel that advises the commissioner or agency
regarding state accountability systems under this title or the
content or administration of an assessment instrument if the
person is retained or employed by an assessment instrument
vendor.
Explanation: The change is necessary to allow persons
reimbursed by an assessment instrument vendor to be appointed to
a committee or panel described by Section 39.038, Education Code.
(11) Senate Rule 12.03(1) is suspended to permit the
committee to change text not in disagreement in SECTION 51 of the
bill, in added Section 39.0824(a), Education Code, to read as
follows:
(a) A school district or open-enrollment charter school
assigned the lowest rating under Section 39.082 shall submit to
the commissioner a corrective action plan to address the
financial weaknesses of the district or school. A corrective
action plan must identify the specific areas of financial
weaknesses, such as financial weaknesses in transportation,
curriculum, or teacher development, and include strategies for
improvement.
Explanation: The change is necessary to conform to
financial accountability rating references.
(12) Senate Rules 12.03(1) and (3) are suspended to
permit the committee to change and add text on a matter not in
disagreement in SECTION 56 of the bill, in amended Section
39.235(b), Education Code, to read as follows:
(b) Before awarding a grant under this section, the
commissioner may require a campus or school district to:
(1) obtain local matching funds; or
(2) meet other conditions, including developing a
personal graduation plan under Section 28.0212 or 28.02121, as
applicable, for each student enrolled at the campus or in a
district middle, junior high, or high school.
Explanation: The change is necessary to conform to
appropriately reference a high school personal graduation plan.
(13) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter which is not included in either
the house or senate version of the bill by adding the following
text to SECTION 77 of the bill, in amended Section 130.008,
Education Code, to read as follows:
(f) A student described by Subsection (a) may enroll in
not more than three courses each school year offered as provided
by this section.
Explanation: The change is necessary to establish a limit
on the number of dual enrollment courses a student may enroll in
each school year.
(14) Senate Rule 12.03(3) is suspended to permit the
committee to add text on a matter which is not in disagreement by
adding text in SECTIONS 78(a)(1) and (5) of the bill to read as
follows:
(a) Effective September 1, 2013, the following sections
of the Education Code are repealed:
(1) Sections 29.190(b), (d), and (e);
(2) Sections 39.024(b), (c), (d), (e), (f), (g), and
(h);
(3) Section 39.0241(a-2);
(4) Section 39.0242;
(5) Sections 39.025(a-2) and (a-3); and
(6) Section 130.008(d-1).
Explanation: The changes are necessary to repeal:
(1) Section 29.190(d), a provision granting the
commissioner of education authority to adopt rules to implement
the existing law; and
(2) Section 39.025(a-2), a provision relating to
Algebra II and English III end-of-course assessment instruments.
(15) Senate Rules 12.03(1) and (3) are suspended to
permit the committee to change and add text on a matter not in
disagreement in SECTIONS 79(b) and (c) of the bill to read as
follows:
(b) Students who have entered the ninth grade during or
after the 2011-2012 school year and before the 2013-2014 school
year may be administered only those end-of-course assessment
instruments that would have been administered to those students
under Section 39.025, Education Code, as amended by Section 35 of
this Act, and Section 39.025, Education Code, as amended by
Section 35 of this Act, is continued in effect for purposes of
satisfying those end-of-course testing requirements.
(c) The commissioner of education may by rule adopt a
transition plan to implement the amendments made by this Act
relating to end-of-course testing requirements during the
2013-2014 and 2014-2015 school years.
Explanation: The change is necessary to provide
flexibility in implementation of changes to end-of-course
assessment instrument requirements.
(16) Senate Rule 12.03(1) is suspended to permit the
committee to change text not in disagreement in SECTION 80 of the
bill to read as follows:
SECTION 80. Not later than October 1, 2013, the
commissioner of education shall adopt rules to administer
Section 39.025(a-1), Education Code, as amended by this Act.
Explanation: The change is necessary to omit a reference
to adopting rules to administer amended Section 39.025(a-2),
Education Code, which the committee omitted.
(17) Senate Rule 12.03(1) is suspended to permit the
committee to change text not in disagreement in SECTION 84 of the
bill to read as follows:
SECTION 84. Except as otherwise provided by this Act:
(1) 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; and
(2) if this Act does not receive the vote necessary
for immediate effect, this Act takes effect September 1, 2013.
Explanation: The change is necessary to clarify the
effective dates of the bill.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 26, 2013, by the
following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate