Texas 2015 - 84th Regular

Texas Senate Bill SB149 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	84R20888 PAM-D
2		-	By: Seliger, et al. S.B. No. 149
3		-	(Huberty)
4		-	Substitute the following for S.B. No. 149: No.
	1	+	S.B. No. 149
5	2
6	3
7		-	A BILL TO BE ENTITLED
8	4		AN ACT
9	5		relating to alternative methods for satisfying certain public high
10	6		school graduation requirements, including the use of individual
11	7		graduation committees.
12	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	9		SECTION 1. Section 12.104, Education Code, is amended by
14	10		adding Subsection (b-2) to read as follows:
15	11		(b-2) An open-enrollment charter school is subject to the
16	12		requirement to establish an individual graduation committee under
17	13		Section 28.0258. This subsection expires September 1, 2017.
18	14		SECTION 2. Section 28.025, Education Code, is amended by
19	15		adding Subsection (c-6) to read as follows:
20	16		(c-6) Notwithstanding Subsection (c), a person may receive
21	17		a diploma if the person is eligible for a diploma under Section
22	18		28.0258. This subsection expires September 1, 2017.
23	19		SECTION 3. Subchapter B, Chapter 28, Education Code, is
24	20		amended by adding Sections 28.0258 and 28.0259 to read as follows:
25	21		Sec. 28.0258. HIGH SCHOOL DIPLOMA AWARDED ON BASIS OF
26	22		INDIVIDUAL GRADUATION COMMITTEE REVIEW. (a) This section applies
27	23		only to an 11th or 12th grade student who has failed to comply with
28	24		the end-of-course assessment instrument performance requirements
29		-	under Section 39.025 for not more than ~~one course~~.
	25	+	under Section 39.025 for not more than two courses.
30	26		(b) For each student to whom this section applies, the
31	27		school district that the student attends shall establish an
32	28		individual graduation committee at the end of or after the
33	29		student's 11th grade year to determine whether the student may
34	30		qualify to graduate as provided by this section. A student may not
35	31		qualify to graduate under this section before the student's 12th
36	32		grade year. The committee shall be composed of:
37	33		(1) the principal or principal's designee;
38		-	(2) for ~~the~~ end-of-course assessment instrument on
	34	+	(2) for each end-of-course assessment instrument on
39	35		which the student failed to perform satisfactorily, the teacher of
40	36		the course;
41		-	(3) the student's school counselor; and
	37	+	(3) the department chair or lead teacher supervising
	38	+	the teacher described by Subdivision (2); and
42	39		(4) as applicable:
43	40		(A) the student's parent or person standing in
44	41		parental relation to the student;
45	42		(B) a designated advocate described by
46	43		Subsection (c) if the person described by Paragraph (A) is unable to
47	44		serve; or
48	45		(C) the student, at the student's option, if the
49	46		student is at least 18 years of age or is an emancipated minor.
50	47		(c) The commissioner by rule shall establish a procedure for
51	48		appointing an alternative committee member if a person described by
52	49		Subsection (b) is unable to serve, including appointing a
53	50		designated advocate for the student if the student's parent or
54	51		person standing in parental relation to the student is unable to
55	52		serve. The superintendent of each school district shall establish
56	53		procedures for the convening of an individual graduation committee.
57	54		(c-1) Notwithstanding Subsection (c), for the 2014-2015
58	55		school year, the school district that the student attends shall
59	56		establish procedures for appointing alternative committee members
60	57		as provided by Subsection (c). This subsection expires September
61	58		1, 2015.
62	59		(c-2) A school district shall provide an appropriate
63	60		translator, if available, for the appropriate person described
64	61		under Subsection (b)(4) who is unable to speak English.
65	62		(d) The school district shall ensure a good faith effort is
66	63		made to timely notify the appropriate person described under
67	64		Subsection (b)(4) of the time and place for convening the
68	65		individual graduation committee and the purpose of the committee.
69	66		The notice must be:
70	67		(1) provided in person or by regular mail or e-mail;
71	68		(2) clear and easy to understand; and
72	69		(3) written in English, in Spanish, or, to the extent
73	70		practicable, in the native language of the appropriate person
74	71		described by Subsection (b)(4).
75	72		(e) To be eligible to graduate and receive a high school
76	73		diploma under this section, a student must successfully complete
77		-	the curriculum requirements identified by the State Board of
78		-	Education under Section 28.025(a).
	74	+	the curriculum requirements required for high school graduation:
	75	+	(1) identified by the State Board of Education under
	76	+	Section 28.025(a); or
	77	+	(2) as otherwise provided by the transition plan
	78	+	adopted by the commissioner under Section 28.025(h).
79	79		(f) Notwithstanding any other law, a student's individual
80	80		graduation committee established under this section shall
81	81		recommend additional requirements by which the student may qualify
82	82		to graduate, including:
83	83		(1) additional remediation; and
84		-	(2) for ~~the~~ end-of-course assessment instrument on
	84	+	(2) for each end-of-course assessment instrument on
85	85		which the student failed to perform satisfactorily:
86	86		(A) the completion of a project related to the
87	87		subject area of the course that demonstrates proficiency in the
88	88		subject area; or
89	89		(B) the preparation of a portfolio of work
90	90		samples in the subject area of the course, including work samples
91	91		from the course that demonstrate proficiency in the subject area.
92	92		(g) For purposes of Subsection (f), a student may submit to
93	93		the individual graduation committee coursework previously
94	94		completed to satisfy a recommended additional requirement.
95	95		(h) In determining whether a student for whom an individual
96	96		graduation committee is established is qualified to graduate, the
97	97		committee shall consider:
98		-	(1) the recommendation of the student's teacher in ~~the~~
99		-	course for which the student failed to perform satisfactorily ~~on an~~
100		-	end-of-course assessment instrument;
101		-	(2) the student's grade in ~~the~~ course for which the
	98	+	(1) the recommendation of the student's teacher in
	99	+	each course for which the student failed to perform satisfactorily
	100	+	on an end-of-course assessment instrument;
	101	+	(2) the student's grade in each course for which the
102	102		student failed to perform satisfactorily on an end-of-course
103	103		assessment instrument;
104		-	(3) the student's score on ~~the~~ end-of-course
	104	+	(3) the student's score on each end-of-course
105	105		assessment instrument on which the student failed to perform
106	106		satisfactorily;
107	107		(4) the student's performance on any additional
108	108		requirements recommended by the committee under Subsection (f);
109	109		(5) the number of hours of remediation that the
110	110		student has attended, including:
111	111		(A) attendance in a college preparatory course
112	112		required under Section 39.025(b-2), if applicable; or
113	113		(B) attendance in and successful completion of a
114	114		transitional college course in reading or mathematics;
115	115		(6) the student's school attendance rate;
116	116		(7) the student's satisfaction of any of the Texas
117	117		Success Initiative (TSI) college readiness benchmarks prescribed
118	118		by the Texas Higher Education Coordinating Board;
119	119		(8) the student's successful completion of a dual
120	120		credit course in English, mathematics, science, or social studies;
121	121		(9) the student's successful completion of a high
122	122		school pre-advanced placement, advanced placement, or
123	123		international baccalaureate program course in English,
124	124		mathematics, science, or social studies;
125	125		(10) the student's rating of advanced high on the most
126	126		recent high school administration of the Texas English Language
127	127		Proficiency Assessment System;
128	128		(11) the student's score of 50 or greater on a
129	129		College-Level Examination Program examination;
130	130		(12) the student's score on the ACT, the SAT, or the
131	131		Armed Services Vocational Aptitude Battery test;
132	132		(13) the student's completion of a sequence of courses
133	133		under a career and technical education program required to attain
134	134		an industry-recognized credential or certificate;
135	135		(14) the student's overall preparedness for
136	136		postsecondary success; and
137	137		(15) any other academic information designated for
138	138		consideration by the board of trustees of the school district.
139	139		(i) After considering the criteria under Subsection (h),
140	140		the individual graduation committee may determine that the student
141	141		is qualified to graduate. Notwithstanding any other law, a student
142	142		for whom an individual graduation committee is established may
143	143		graduate and receive a high school diploma on the basis of the
144	144		committee's decision only if the student successfully completes all
145	145		additional requirements recommended by the committee under
146	146		Subsection (f), the student meets the requirements of Subsection
147	147		(e), and the committee's vote is unanimous. The commissioner by
148	148		rule shall establish a timeline for making a determination under
149	149		this subsection. This subsection does not create a property
150	150		interest in graduation. The decision of a committee is final and
151	151		may not be appealed.
152	152		(i-1) Notwithstanding Subsection (i), for the 2014-2015
153	153		school year, the school district that the student attends shall
154	154		establish a timeline for making a determination under Subsection
155	155		(i). This subsection expires September 1, 2015.
156	156		(j) Notwithstanding any action taken by an individual
157	157		graduation committee under this section, a school district shall
158	158		administer an end-of-course assessment instrument to any student
159	159		who fails to perform satisfactorily on an end-of-course assessment
160	160		instrument as provided by Section 39.025(b). For purposes of
161	161		Section 39.053(c)(1), an assessment instrument administered as
162	162		provided by this subsection is considered an assessment instrument
163	163		required for graduation retaken by a student.
164	164		(k) The commissioner shall adopt rules as necessary to
165	165		implement this section not later than the 2015-2016 school year.
166	166		(l) This section expires September 1, 2017.
167	167		Sec. 28.0259. REPORTING REQUIREMENTS FOR STUDENTS
168	168		GRADUATING BASED ON INDIVIDUAL GRADUATION COMMITTEE REVIEW
169	169		PROCESS. (a) Each school district shall report through the Public
170	170		Education Information Management System (PEIMS) the number of
171		-	district students each school year who are awarded a diploma based
172		-	on the decision of an individual graduation committee as provided
173		-	by Section 28.0258.
	171	+	district students each school year for which an individual
	172	+	graduation committee is established under Section 28.0258 and the
	173	+	number of district students each school year who are awarded a
	174	+	diploma based on the decision of an individual graduation committee
	175	+	as provided by Section 28.0258.
174	176		(b) A school district shall report the information required
175	177		by Subsection (a) not later than December 1 of the school year
176	178		following the school year the student is awarded a diploma.
177	179		(c) The agency shall make the information reported under
178	180		this section available on the agency's Internet website.
179	181		(d) The commissioner shall adopt rules as necessary to
180	182		implement this section not later than the 2015-2016 school year.
181	183		(e) This section expires September 1, 2018.
182	184		SECTION 4. Section 39.025, Education Code, is amended by
183	185		adding Subsections (a-2) and (a-3) to read as follows:
184	186		(a-2) Notwithstanding Subsection (a), a student who has
185		-	failed to perform satisfactorily on an end-of-course assessment
186		-	~~instrument~~ in the manner provided under this section may receive a
	187	+	failed to perform satisfactorily on end-of-course assessment
	188	+	instruments in the manner provided under this section may receive a
187	189		high school diploma if the student has qualified for graduation
188	190		under Section 28.0258. This subsection expires September 1, 2017.
189	191		(a-3) A student who, after retaking an end-of-course
190	192		assessment instrument for Algebra I or English II, has failed to
191	193		perform satisfactorily as required by Subsection (a), but who
192	194		receives a score of proficient on the Texas Success Initiative
193	195		(TSI) diagnostic assessment for the corresponding subject for which
194	196		the student failed to perform satisfactorily on the end-of-course
195	197		assessment instrument satisfies the requirement concerning the
196	198		Algebra I or English II end-of-course assessment, as applicable.
197	199		This subsection expires September 1, 2017.
198	200		SECTION 5. This Act takes effect immediately if it receives
199	201		a vote of two-thirds of all the members elected to each house, as
200	202		provided by Section 39, Article III, Texas Constitution. If this
201	203		Act does not receive the vote necessary for immediate effect, this
202	204		Act takes effect September 1, 2015.
	205	+	______________________________ ______________________________
	206	+	President of the Senate Speaker of the House
	207	+	I hereby certify that S.B. No. 149 passed the Senate on
	208	+	March 17, 2015, by the following vote: Yeas 28, Nays 2; and that
	209	+	the Senate concurred in House amendments on April 29, 2015, by the
	210	+	following vote: Yeas 29, Nays 2.
	211	+	______________________________
	212	+	Secretary of the Senate
	213	+	I hereby certify that S.B. No. 149 passed the House, with
	214	+	amendments, on April 22, 2015, by the following vote: Yeas 125,
	215	+	Nays 9, two present not voting.
	216	+	______________________________
	217	+	Chief Clerk of the House
	218	+	Approved:
	219	+	______________________________
	220	+	Date
	221	+	______________________________
	222	+	Governor