84R7333 PAM-D
By: Guillen H.B. No. 1304
A BILL TO BE ENTITLED
AN ACT
relating to the use of school committees to make determinations
regarding graduation for certain public high school students who
fail to perform satisfactorily on end-of-course assessment
instruments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.104(b), Education Code, is amended to
read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense; and
(2) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) reading instruments and accelerated reading
instruction programs under Section 28.006;
(D) accelerated instruction under Section
28.0211;
(E) high school graduation requirements under
Section 28.025 and the requirement to establish an individual
graduation committee under Section 28.0256;
(F) special education programs under Subchapter
A, Chapter 29;
(G) bilingual education under Subchapter B,
Chapter 29;
(H) prekindergarten programs under Subchapter E,
Chapter 29;
(I) extracurricular activities under Section
33.081;
(J) discipline management practices or behavior
management techniques under Section 37.0021;
(K) health and safety under Chapter 38;
(L) public school accountability under
Subchapters B, C, D, E, F, G, and J, Chapter 39;
(M) the requirement under Section 21.006 to
report an educator's misconduct; and
(N) intensive programs of instruction under
Section 28.0213.
SECTION 2. Sections 28.025(c) and (d), Education Code, are
amended to read as follows:
(c) A person may receive a diploma if the person is eligible
for a diploma under Section 28.0251 or 28.0256. In other cases, a
student may graduate and receive a diploma only if:
(1) the student successfully completes the curriculum
requirements identified by the State Board of Education under
Subsection (a) and complies with Section 39.025; or
(2) the student successfully completes an
individualized education program developed under Section 29.005.
(d) A school district may issue a certificate of coursework
completion to a student who successfully completes the curriculum
requirements identified by the State Board of Education under
Subsection (a) but who fails to comply with Section 39.025 or who
does not receive a diploma under another provision of this
subchapter. A school district may allow a student who receives a
certificate to participate in a graduation ceremony with students
receiving high school diplomas.
SECTION 3. Subchapter B, Chapter 28, Education Code, is
amended by adding Section 28.0256 to read as follows:
Sec. 28.0256. HIGH SCHOOL GRADUATION AWARDED ON BASIS OF
INDIVIDUAL GRADUATION COMMITTEE REVIEW. (a) This section applies
only to a student who, after retaking an end-of-course assessment
instrument in one or more subjects, fails to comply with Section
39.025 as necessary to receive a high school diploma in accordance
with that section.
(b) For each student to whom this section applies, the
school district that the student attends shall establish an
individual graduation committee to determine whether the student
qualifies to graduate as provided by this section. The committee
shall be composed of:
(1) the principal or the principal's designee;
(2) the student's parent or person standing in
parental relation to the student;
(3) for each end-of-course assessment instrument on
which the student failed to perform satisfactorily, the teacher of
the course; and
(4) any other person determined appropriate by the
principal or the principal's designee using criteria adopted by the
board of trustees.
(c) The commissioner by rule shall establish a procedure for
appointing an alternative committee member if a person described by
Subsection (b) is unable to serve. The superintendent of each
school district shall establish procedures for convening an
individual graduation committee.
(d) The school district shall notify the student's parent or
person standing in parental relation to the student of the time and
place for convening the individual graduation committee and the
purpose of the committee. The notice must be provided either in
person or by regular mail, be clear and easy to understand, and be
written in English or in the native language of the parent or person
standing in parental relation to the student.
(e) Notwithstanding any other provision of this code, a
student shall be awarded a high school diploma if:
(1) the student has successfully completed the
curriculum requirements identified by the State Board of Education
under Section 28.025(a); and
(2) the student's individual graduation committee
determines the student is qualified to graduate as provided by this
section.
(f) In determining whether a student is qualified to
graduate under this section, the student's individual graduation
committee shall consider:
(1) the recommendation of the student's teacher in
each course required for graduation, to the extent practicable;
(2) the student's grade in each course required for
graduation;
(3) the student's score on each end-of-course
assessment instrument on which the student failed to perform
satisfactorily;
(4) the student's performance on any additional
requirements recommended by the committee under Subsection (g);
(5) the number of hours of remediation that the
student has attended, including attendance in a college preparatory
course required under Section 39.025(b-2), if applicable;
(6) any honors course, advanced placement course,
international baccalaureate course, or dual credit course
completed by the student;
(7) the student's performance on the PSAT, the
ACT-Plan, the SAT, the ACT, or any nationally recognized
norm-referenced assessment instrument used by institutions of
higher education to award course credit based on satisfactory
performance on the assessment instrument;
(8) the student's performance on an assessment
instrument designated by the Texas Higher Education Coordinating
Board under Section 51.3062(c), including whether the student
satisfied the Texas Success Initiative (TSI) college readiness
benchmarks prescribed by the Texas Higher Education Coordinating
Board under Section 51.3062(f);
(9) the student's school attendance rate;
(10) evidence of any participation by the student in
extracurricular activity;
(11) information concerning any work history or other
accomplishments of the student;
(12) the student's overall preparedness to pursue
postsecondary education or training or a career or occupation; and
(13) any other academic information designated for
consideration by the board of trustees of the school district.
(g) The student's individual graduation committee may
recommend additional requirements for consideration to determine
that a student is qualified to graduate under this section,
including:
(1) additional remediation; or
(2) for each end-of-course assessment instrument on
which the student failed to perform satisfactorily:
(A) the completion of a project related to the
course; or
(B) the preparation of a portfolio of work
samples from the course.
(h) A student may graduate and receive a high school diploma
on the basis of the individual graduation committee's decision only
if the student successfully completes all additional requirements
recommended by the committee under Subsection (g) and the
committee's vote is unanimous. The commissioner by rule shall
establish a timeline for making a determination under this section.
This section does not create a property interest in graduation. The
decision of the committee is final and may not be appealed.
(i) The commissioner shall adopt rules as necessary to
implement this section.
SECTION 4. This Act applies beginning with the 2015-2016
school year.
SECTION 5. 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, 2015.