84R1875 GCB-D
By: González H.B. No. 775
A BILL TO BE ENTITLED
AN ACT
relating to removing the requirement of satisfactory performance on
state assessment instruments for public school grade-level
promotion and providing alternative compliance for the requirement
of satisfactory performance on state assessment instruments for
graduation.
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, including the requirement to establish an academic
achievement committee;
(E) high school graduation requirements under
Section 28.025 and the requirement to establish a graduation
committee under Section 28.0257;
(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. The heading to Section 28.0211, Education Code,
is amended to read as follows:
Sec. 28.0211. [SATISFACTORY PERFORMANCE ON ASSESSMENT
INSTRUMENTS REQUIRED;] ACCELERATED INSTRUCTION.
SECTION 3. Sections 28.0211(b), (c), (d), (f), and (i),
Education Code, are amended to read as follows:
(b) A school district shall provide to a student who
initially fails to perform satisfactorily on a fifth or eighth
grade mathematics or reading [an] assessment instrument
[specified] under Section 39.023 [Subsection (a)] at least two
additional opportunities to take the assessment instrument. [A
school district may administer an alternate assessment instrument
to a student who has failed an assessment instrument specified
under Subsection (a) on the previous two opportunities.
Notwithstanding any other provision of this section, a student may
be promoted if the student performs at grade level on an alternate
assessment instrument under this subsection that is appropriate for
the student's grade level and approved by the commissioner.]
(c) [Each time a student fails to perform satisfactorily on
an assessment instrument specified under Subsection (a), the school
district in which the student attends school shall provide to the
student accelerated instruction in the applicable subject area,
including reading instruction for a student who fails to perform
satisfactorily on a reading assessment instrument.] After a
student fails to perform satisfactorily on an assessment instrument
specified under Subsection (b) a second time, an academic
achievement [a grade placement] committee shall be established to
prescribe the accelerated instruction the district shall provide to
the student before the student is administered the assessment
instrument the third time. The [grade placement] committee shall
be composed of the principal or the principal's designee, the
student's parent or guardian, and the teacher of the subject of an
assessment instrument on which the student failed to perform
satisfactorily. The district shall notify the parent or guardian
of the time and place for convening the [grade placement] committee
and the purpose of the committee. An accelerated instruction group
administered by a school district under this section may not have a
ratio of more than 10 students for each teacher.
(d) In addition to providing accelerated instruction to a
student under Subsection (c), the district shall notify the
student's parent or guardian of:
(1) the student's failure to perform satisfactorily on
the assessment instrument; and
(2) the accelerated instruction program to which the
student is assigned[; and
[(3) the possibility that the student might be
retained at the same grade level for the next school year].
(f) A school district shall provide to a student who, after
three attempts, has failed to perform satisfactorily on an
assessment instrument specified under Subsection (b) [(a)]
accelerated instruction during the next school year as prescribed
by an educational plan developed for the student by the student's
academic achievement [grade placement] committee established under
Subsection (c). The district shall provide that accelerated
instruction regardless of whether the student has been promoted or
retained. The educational plan must be designed to enable the
student to perform at the appropriate grade level by the conclusion
of the school year. During the school year, the student shall be
monitored to ensure that the student is progressing in accordance
with the plan. The district shall administer to the student the
assessment instrument for the grade level in which the student is
placed at the time the district regularly administers the
assessment instruments for that school year.
(i) The admission, review, and dismissal committee of a
student who participates in a district's special education program
under Subchapter A [B], Chapter 29, and who does not perform
satisfactorily on an assessment instrument specified under
Subsection (b) [(a)] and administered under Section 39.023(a) or
(b) shall determine[:
[(1)] the manner in which the student will participate
in an accelerated instruction program under this section[; and
[(2) whether the student will be promoted or retained
under this section].
SECTION 4. 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 28.0257. 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 5. Subchapter B, Chapter 28, Education Code, is
amended by adding Section 28.0257 to read as follows:
Sec. 28.0257. HIGH SCHOOL DIPLOMA AWARDED ON BASIS OF
GRADUATION COMMITTEE REVIEW. (a) This section applies only to a
student who successfully completes the curriculum requirements
identified by the State Board of Education under Section 28.025(a)
but who, after the initial administration of an end-of-course
assessment instrument in one or more subjects, has failed to comply
with Section 39.025 as necessary to receive a high school diploma in
accordance with that section.
(b) Notwithstanding any other provision of this code, a
student to whom this section applies shall be awarded a high school
diploma if the graduation committee of the student's school, after
meeting with the student and reviewing the student's high school
portfolio, determines that the student is properly prepared to
pursue postsecondary education or training or a career or
occupation.
(c) Each school year, the principal of each high school
shall appoint members to the school's graduation committee. The
graduation committee must be composed of:
(1) employees of the school, including:
(A) for each subject included in the foundation
curriculum under Section 28.002(a)(1), at least one teacher who
provides instruction;
(B) at least one school counselor; and
(C) at least one administrator; and
(2) at least one parent or guardian of a student
enrolled at the school who may review a student portfolio only in
compliance with the Family Educational Rights and Privacy Act of
1974 (20 U.S.C. Section 1232g).
(d) A student's high school portfolio under Subsection (b)
must include the student's high school transcript, representative
samples of the student's coursework, evidence of any participation
by the student in an extracurricular activity, and information
concerning any work history or other accomplishments of the
student. The portfolio must be prepared by a school administrator
but must also include any documentation or other information that
the student or the student's parent or guardian requests to be
included.
SECTION 6. 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:
(A) the foundation high school program;
(B) the distinguished level of achievement under
the foundation high school program; and
(C) each endorsement described by Section
28.025(c-1);
(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 take courses
under the foundation high school program and take additional
courses to earn an endorsement under Section 28.025(c-1),
disaggregated by type of endorsement;
(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, and [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;
(10) the percentage of students who are not
educationally disadvantaged;
(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
(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 7. Sections 28.0211(a), (a-2), (e), (g), (n), (o),
and (p), Education Code, are repealed.
SECTION 8. This Act applies beginning with the 2015-2016
school year.
SECTION 9. 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.