Texas 2015 - 84th Regular

Texas House Bill HB775 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R1875 GCB-D
2	2	By: González H.B. No. 775
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to removing the requirement of satisfactory performance on
8	8	state assessment instruments for public school grade-level
9	9	promotion and providing alternative compliance for the requirement
10	10	of satisfactory performance on state assessment instruments for
11	11	graduation.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 12.104(b), Education Code, is amended to
14	14	read as follows:
15	15	(b) An open-enrollment charter school is subject to:
16	16	(1) a provision of this title establishing a criminal
17	17	offense; and
18	18	(2) a prohibition, restriction, or requirement, as
19	19	applicable, imposed by this title or a rule adopted under this
20	20	title, relating to:
21	21	(A) the Public Education Information Management
22	22	System (PEIMS) to the extent necessary to monitor compliance with
23	23	this subchapter as determined by the commissioner;
24	24	(B) criminal history records under Subchapter C,
25	25	Chapter 22;
26	26	(C) reading instruments and accelerated reading
27	27	instruction programs under Section 28.006;
28	28	(D) accelerated instruction under Section
29	29	28.0211, including the requirement to establish an academic
30	30	achievement committee;
31	31	(E) high school graduation requirements under
32	32	Section 28.025 and the requirement to establish a graduation
33	33	committee under Section 28.0257;
34	34	(F) special education programs under Subchapter
35	35	A, Chapter 29;
36	36	(G) bilingual education under Subchapter B,
37	37	Chapter 29;
38	38	(H) prekindergarten programs under Subchapter E,
39	39	Chapter 29;
40	40	(I) extracurricular activities under Section
41	41	33.081;
42	42	(J) discipline management practices or behavior
43	43	management techniques under Section 37.0021;
44	44	(K) health and safety under Chapter 38;
45	45	(L) public school accountability under
46	46	Subchapters B, C, D, E, F, G, and J, Chapter 39;
47	47	(M) the requirement under Section 21.006 to
48	48	report an educator's misconduct; and
49	49	(N) intensive programs of instruction under
50	50	Section 28.0213.
51	51	SECTION 2. The heading to Section 28.0211, Education Code,
52	52	is amended to read as follows:
53	53	Sec. 28.0211. [SATISFACTORY PERFORMANCE ON ASSESSMENT
54	54	INSTRUMENTS REQUIRED;] ACCELERATED INSTRUCTION.
55	55	SECTION 3. Sections 28.0211(b), (c), (d), (f), and (i),
56	56	Education Code, are amended to read as follows:
57	57	(b) A school district shall provide to a student who
58	58	initially fails to perform satisfactorily on a fifth or eighth
59	59	grade mathematics or reading [an] assessment instrument
60	60	[specified] under Section 39.023 [Subsection (a)] at least two
61	61	additional opportunities to take the assessment instrument. [A
62	62	school district may administer an alternate assessment instrument
63	63	to a student who has failed an assessment instrument specified
64	64	under Subsection (a) on the previous two opportunities.
65	65	Notwithstanding any other provision of this section, a student may
66	66	be promoted if the student performs at grade level on an alternate
67	67	assessment instrument under this subsection that is appropriate for
68	68	the student's grade level and approved by the commissioner.]
69	69	(c) [Each time a student fails to perform satisfactorily on
70	70	an assessment instrument specified under Subsection (a), the school
71	71	district in which the student attends school shall provide to the
72	72	student accelerated instruction in the applicable subject area,
73	73	including reading instruction for a student who fails to perform
74	74	satisfactorily on a reading assessment instrument.] After a
75	75	student fails to perform satisfactorily on an assessment instrument
76	76	specified under Subsection (b) a second time, an academic
77	77	achievement [a grade placement] committee shall be established to
78	78	prescribe the accelerated instruction the district shall provide to
79	79	the student before the student is administered the assessment
80	80	instrument the third time. The [grade placement] committee shall
81	81	be composed of the principal or the principal's designee, the
82	82	student's parent or guardian, and the teacher of the subject of an
83	83	assessment instrument on which the student failed to perform
84	84	satisfactorily. The district shall notify the parent or guardian
85	85	of the time and place for convening the [grade placement] committee
86	86	and the purpose of the committee. An accelerated instruction group
87	87	administered by a school district under this section may not have a
88	88	ratio of more than 10 students for each teacher.
89	89	(d) In addition to providing accelerated instruction to a
90	90	student under Subsection (c), the district shall notify the
91	91	student's parent or guardian of:
92	92	(1) the student's failure to perform satisfactorily on
93	93	the assessment instrument; and
94	94	(2) the accelerated instruction program to which the
95	95	student is assigned[; and
96	96	[(3) the possibility that the student might be
97	97	retained at the same grade level for the next school year].
98	98	(f) A school district shall provide to a student who, after
99	99	three attempts, has failed to perform satisfactorily on an
100	100	assessment instrument specified under Subsection (b) [(a)]
101	101	accelerated instruction during the next school year as prescribed
102	102	by an educational plan developed for the student by the student's
103	103	academic achievement [grade placement] committee established under
104	104	Subsection (c). The district shall provide that accelerated
105	105	instruction regardless of whether the student has been promoted or
106	106	retained. The educational plan must be designed to enable the
107	107	student to perform at the appropriate grade level by the conclusion
108	108	of the school year. During the school year, the student shall be
109	109	monitored to ensure that the student is progressing in accordance
110	110	with the plan. The district shall administer to the student the
111	111	assessment instrument for the grade level in which the student is
112	112	placed at the time the district regularly administers the
113	113	assessment instruments for that school year.
114	114	(i) The admission, review, and dismissal committee of a
115	115	student who participates in a district's special education program
116	116	under Subchapter A [B], Chapter 29, and who does not perform
117	117	satisfactorily on an assessment instrument specified under
118	118	Subsection (b) [(a)] and administered under Section 39.023(a) or
119	119	(b) shall determine[:
120	120	[(1)] the manner in which the student will participate
121	121	in an accelerated instruction program under this section[; and
122	122	[(2) whether the student will be promoted or retained
123	123	under this section].
124	124	SECTION 4. Sections 28.025(c) and (d), Education Code, are
125	125	amended to read as follows:
126	126	(c) A person may receive a diploma if the person is eligible
127	127	for a diploma under Section 28.0251 or 28.0257. In other cases, a
128	128	student may graduate and receive a diploma only if:
129	129	(1) the student successfully completes the curriculum
130	130	requirements identified by the State Board of Education under
131	131	Subsection (a) and complies with Section 39.025; or
132	132	(2) the student successfully completes an
133	133	individualized education program developed under Section 29.005.
134	134	(d) A school district may issue a certificate of coursework
135	135	completion to a student who successfully completes the curriculum
136	136	requirements identified by the State Board of Education under
137	137	Subsection (a) but who fails to comply with Section 39.025 or who
138	138	does not receive a diploma under another provision of this
139	139	subchapter. A school district may allow a student who receives a
140	140	certificate to participate in a graduation ceremony with students
141	141	receiving high school diplomas.
142	142	SECTION 5. Subchapter B, Chapter 28, Education Code, is
143	143	amended by adding Section 28.0257 to read as follows:
144	144	Sec. 28.0257. HIGH SCHOOL DIPLOMA AWARDED ON BASIS OF
145	145	GRADUATION COMMITTEE REVIEW. (a) This section applies only to a
146	146	student who successfully completes the curriculum requirements
147	147	identified by the State Board of Education under Section 28.025(a)
148	148	but who, after the initial administration of an end-of-course
149	149	assessment instrument in one or more subjects, has failed to comply
150	150	with Section 39.025 as necessary to receive a high school diploma in
151	151	accordance with that section.
152	152	(b) Notwithstanding any other provision of this code, a
153	153	student to whom this section applies shall be awarded a high school
154	154	diploma if the graduation committee of the student's school, after
155	155	meeting with the student and reviewing the student's high school
156	156	portfolio, determines that the student is properly prepared to
157	157	pursue postsecondary education or training or a career or
158	158	occupation.
159	159	(c) Each school year, the principal of each high school
160	160	shall appoint members to the school's graduation committee. The
161	161	graduation committee must be composed of:
162	162	(1) employees of the school, including:
163	163	(A) for each subject included in the foundation
164	164	curriculum under Section 28.002(a)(1), at least one teacher who
165	165	provides instruction;
166	166	(B) at least one school counselor; and
167	167	(C) at least one administrator; and
168	168	(2) at least one parent or guardian of a student
169	169	enrolled at the school who may review a student portfolio only in
170	170	compliance with the Family Educational Rights and Privacy Act of
171	171	1974 (20 U.S.C. Section 1232g).
172	172	(d) A student's high school portfolio under Subsection (b)
173	173	must include the student's high school transcript, representative
174	174	samples of the student's coursework, evidence of any participation
175	175	by the student in an extracurricular activity, and information
176	176	concerning any work history or other accomplishments of the
177	177	student. The portfolio must be prepared by a school administrator
178	178	but must also include any documentation or other information that
179	179	the student or the student's parent or guardian requests to be
180	180	included.
181	181	SECTION 6. Section 39.301(c), Education Code, is amended to
182	182	read as follows:
183	183	(c) Indicators for reporting purposes must include:
184	184	(1) the percentage of graduating students who meet the
185	185	course requirements established by State Board of Education rule
186	186	for:
187	187	(A) the foundation high school program;
188	188	(B) the distinguished level of achievement under
189	189	the foundation high school program; and
190	190	(C) each endorsement described by Section
191	191	28.025(c-1);
192	192	(2) the results of the SAT, ACT, articulated
193	193	postsecondary degree programs described by Section 61.852, and
194	194	certified workforce training programs described by Chapter 311,
195	195	Labor Code;
196	196	(3) for students who have failed to perform
197	197	satisfactorily, under each performance standard under Section
198	198	39.0241, on an assessment instrument required under Section
199	199	39.023(a) or (c), the performance of those students on subsequent
200	200	assessment instruments required under those sections, aggregated
201	201	by grade level and subject area;
202	202	(4) for each campus, the number of students,
203	203	disaggregated by major student subpopulations, that take courses
204	204	under the foundation high school program and take additional
205	205	courses to earn an endorsement under Section 28.025(c-1),
206	206	disaggregated by type of endorsement;
207	207	(5) the percentage of students, aggregated by grade
208	208	level, provided accelerated instruction under Section 28.0211(c),
209	209	the results of assessment instruments administered under that
210	210	section, and [the percentage of students promoted through the grade
211	211	placement committee process under Section 28.0211,] the subject of
212	212	the assessment instrument on which each student failed to perform
213	213	satisfactorily under each performance standard under Section
214	214	39.0241[, and the performance of those students in the school year
215	215	following that promotion on the assessment instruments required
216	216	under Section 39.023];
217	217	(6) the percentage of students of limited English
218	218	proficiency exempted from the administration of an assessment
219	219	instrument under Sections 39.027(a)(1) and (2);
220	220	(7) the percentage of students in a special education
221	221	program under Subchapter A, Chapter 29, assessed through assessment
222	222	instruments developed or adopted under Section 39.023(b);
223	223	(8) the percentage of students who satisfy the college
224	224	readiness measure;
225	225	(9) the measure of progress toward dual language
226	226	proficiency under Section 39.034(b), for students of limited
227	227	English proficiency, as defined by Section 29.052;
228	228	(10) the percentage of students who are not
229	229	educationally disadvantaged;
230	230	(11) the percentage of students who enroll and begin
231	231	instruction at an institution of higher education in the school
232	232	year following high school graduation; and
233	233	(12) the percentage of students who successfully
234	234	complete the first year of instruction at an institution of higher
235	235	education without needing a developmental education course.
236	236	SECTION 7. Sections 28.0211(a), (a-2), (e), (g), (n), (o),
237	237	and (p), Education Code, are repealed.
238	238	SECTION 8. This Act applies beginning with the 2015-2016
239	239	school year.
240	240	SECTION 9. This Act takes effect immediately if it receives
241	241	a vote of two-thirds of all the members elected to each house, as
242	242	provided by Section 39, Article III, Texas Constitution. If this
243	243	Act does not receive the vote necessary for immediate effect, this
244	244	Act takes effect September 1, 2015.