1 | 1 | | 84R397 KKA-D |
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2 | 2 | | By: Seliger S.B. No. 1798 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the Texas High Performance Schools Consortium. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Section 7.0561, Education Code, is amended by |
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10 | 10 | | amending Subsections (a), (b), (d), (i), and (j) and adding |
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11 | 11 | | Subsections (j-1), (j-2), (j-3), (j-4), (k), (l), (m), and (m-1) to |
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12 | 12 | | read as follows: |
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13 | 13 | | (a) In this section: |
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14 | 14 | | (1) "Consortium"[, "consortium"] means the Texas High |
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15 | 15 | | Performance Schools Consortium established under this section. |
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16 | 16 | | (2) "Participant campus" means a school district |
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17 | 17 | | campus or open-enrollment charter school that has been selected for |
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18 | 18 | | and is participating in the consortium. |
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19 | 19 | | (3) "Participant district" means a school district |
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20 | 20 | | that has one or more campuses participating in the consortium. |
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21 | 21 | | (4) "Readiness standards" means the standards |
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22 | 22 | | identified by the agency that are essential for success. |
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23 | 23 | | (b) The Texas High Performance Schools Consortium is |
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24 | 24 | | established to inform the governor, legislature, State Board of |
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25 | 25 | | Education, and commissioner concerning methods for transforming |
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26 | 26 | | public schools in this state by improving student learning through |
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27 | 27 | | the development of innovative, next-generation learning standards |
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28 | 28 | | and assessment and accountability systems. |
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29 | 29 | | (d) The number of students initially enrolled in |
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30 | 30 | | participant campuses [consortium participants] may not be greater |
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31 | 31 | | than a number equal to five percent of the total number of students |
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32 | 32 | | enrolled in public schools in this state according to the most |
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33 | 33 | | recent agency data. With approval of the commissioner, a |
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34 | 34 | | participant district may add one or more district campuses to the |
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35 | 35 | | consortium. |
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36 | 36 | | (i) To cover the costs of administering the consortium, the |
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37 | 37 | | commissioner may charge a fee to a school district or |
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38 | 38 | | open-enrollment charter school participating in the consortium. |
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39 | 39 | | The commissioner may also charge a fee to a participating school |
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40 | 40 | | district or open-enrollment charter school for use of |
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41 | 41 | | state-provided assessment items or other costs associated with |
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42 | 42 | | Subsection (l), and the commissioner may collect and use that fee |
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43 | 43 | | for purposes of administering the consortium. |
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44 | 44 | | (j) The [With the assistance of the] school districts and |
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45 | 45 | | open-enrollment charter schools participating in the consortium[, |
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46 | 46 | | the commissioner] shall submit reports concerning the performance |
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47 | 47 | | and progress of the consortium to the governor, [and] the |
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48 | 48 | | legislature, the State Board of Education, and the commissioner not |
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49 | 49 | | later than December 1 of[,] 2012, [and not later than December 1,] |
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50 | 50 | | 2014, 2016, and 2018. |
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51 | 51 | | (j-1) The report submitted under Subsection (j) not later |
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52 | 52 | | than December 1, 2012, must include any recommendation by the |
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53 | 53 | | commissioner concerning legislative authorization for the |
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54 | 54 | | commissioner to waive a prohibition, requirement, or restriction |
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55 | 55 | | that applies to a [consortium] participant campus or district. |
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56 | 56 | | That report must also include a plan for an effective and efficient |
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57 | 57 | | accountability system for participant campuses and districts |
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58 | 58 | | [consortium participants] that balances academic excellence and |
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59 | 59 | | local values to inspire learning and, at the state level, |
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60 | 60 | | contingent on any necessary waiver of federal law, may incorporate |
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61 | 61 | | use of a stratified random sampling of students or other objective |
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62 | 62 | | methodology to hold participant campuses and districts [consortium |
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63 | 63 | | participants] accountable while attempting to reduce the number of |
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64 | 64 | | state assessment instruments that are required to be administered |
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65 | 65 | | to students. The commissioner shall seek a federal waiver, to any |
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66 | 66 | | extent necessary, to prepare for implementation of the plan if |
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67 | 67 | | enacted by the legislature. |
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68 | 68 | | (j-2) The report submitted under Subsection (j) not later |
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69 | 69 | | than December 1, 2016, must include an update on the effectiveness |
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70 | 70 | | with which participant campuses are closing gaps in achievement on |
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71 | 71 | | readiness standards, an evaluation of teaching fewer high-priority |
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72 | 72 | | learning standards in depth, and any recommendations for |
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73 | 73 | | legislation. The report must address the effectiveness of the use |
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74 | 74 | | of methods, including focus on high-priority standards; digital |
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75 | 75 | | learning, such as blended learning, personalized learning, flipped |
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76 | 76 | | classrooms, adaptive learning, and virtual learning; the use of |
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77 | 77 | | multiple assessments that provide more precise, useful, and timely |
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78 | 78 | | information; and reliance on local control that enables greater |
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79 | 79 | | community and parental involvement. |
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80 | 80 | | (j-3) The report submitted under Subsection (j) not later |
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81 | 81 | | than December 1, 2018, must include an update on the effectiveness |
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82 | 82 | | with which participant campuses are addressing closing gaps in |
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83 | 83 | | achievement on readiness standards, an evaluation of teaching fewer |
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84 | 84 | | high-priority learning standards in depth, and any recommendations |
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85 | 85 | | for legislation. |
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86 | 86 | | (j-4) Subsections (j), (j-1), (j-2), and (j-3) and this |
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87 | 87 | | [This] subsection expire [expires] January 1, 2020 [2018]. |
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88 | 88 | | (k) At least annually, the school board or governing body of |
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89 | 89 | | each participant district or open-enrollment charter school shall |
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90 | 90 | | hold a public hearing to discuss the district's or school's goals |
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91 | 91 | | and work in the consortium and to provide for parental and community |
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92 | 92 | | input. |
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93 | 93 | | (l) Notwithstanding Chapter 39 or any other law, a |
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94 | 94 | | participant campus shall be evaluated for accountability purposes |
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95 | 95 | | and administer assessment instruments only as follows: |
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96 | 96 | | (1) beginning with the 2015-2016 school year: |
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97 | 97 | | (A) for each assessment instrument administered |
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98 | 98 | | under this subsection, a participant campus shall be evaluated: |
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99 | 99 | | (i) by the independent evaluation under |
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100 | 100 | | Subsection (m) on disaggregated data by student group, with an |
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101 | 101 | | emphasis on closing achievement gaps; and |
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102 | 102 | | (ii) by the agency on a report-only basis, |
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103 | 103 | | with the scores not otherwise used for accountability purposes, |
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104 | 104 | | including interventions and sanctions under Subchapter E, Chapter |
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105 | 105 | | 39; |
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106 | 106 | | (B) for each assessment instrument administered |
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107 | 107 | | under Chapter 39, a participant campus shall be evaluated under |
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108 | 108 | | Subsection (m) on readiness standards to allow teaching with depth |
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109 | 109 | | and the evaluation of the effects of teaching with depth; |
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110 | 110 | | (C) students in grades three through eight who |
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111 | 111 | | are not taking secondary-level courses shall be administered and |
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112 | 112 | | students in grades three through eight who are taking |
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113 | 113 | | secondary-level courses may, at the option of the district or |
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114 | 114 | | charter school participating in the consortium, be administered |
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115 | 115 | | only the assessment instruments under Section 39.023 in mathematics |
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116 | 116 | | annually in grades three through seven without the aid of |
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117 | 117 | | technology, mathematics in grade eight with the aid of technology |
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118 | 118 | | on any assessment instrument that includes algebra, reading |
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119 | 119 | | annually, and science in grades five and eight, and may be |
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120 | 120 | | administered an assessment instrument described by Section |
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121 | 121 | | 39.0261(a)(1) in eighth grade instead of the assessment instruments |
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122 | 122 | | or may be administered fewer assessment instruments if allowed by |
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123 | 123 | | federal law or a waiver of federal law; and |
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124 | 124 | | (D) students taking secondary-level courses |
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125 | 125 | | shall be assessed on end-of-course assessment instruments |
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126 | 126 | | administered under Section 39.023(c) only for the 10th grade level |
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127 | 127 | | course in English in which they are currently enrolled or shall be |
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128 | 128 | | administered an assessment instrument described by Section |
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129 | 129 | | 39.0261(a)(2) for 10th grade in the same subject if allowed by |
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130 | 130 | | federal law or a waiver of federal law, at the option of the |
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131 | 131 | | district or open-enrollment charter school participating in the |
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132 | 132 | | consortium; |
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133 | 133 | | (2) beginning with the 2016-2017 school year or as |
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134 | 134 | | soon as possible following receipt of a waiver from federal law or a |
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135 | 135 | | change in the federal law that requires annual testing of every |
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136 | 136 | | student: |
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137 | 137 | | (A) students shall be administered: |
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138 | 138 | | (i) assessment instruments under Section |
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139 | 139 | | 39.023(a) for reading in grade three, mathematics in grade four, |
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140 | 140 | | science in grade five, reading in grade six, and mathematics in |
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141 | 141 | | grade seven; |
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142 | 142 | | (ii) in prekindergarten through 12th grade, |
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143 | 143 | | locally approved or developed assessment instruments that are |
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144 | 144 | | aligned to readiness standards or high-priority learning standards |
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145 | 145 | | under Subsection (f), that may include limited numbers of |
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146 | 146 | | state-provided assessment items, and that may have results that can |
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147 | 147 | | be accessed by the agency for monitoring and reporting purposes, or |
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148 | 148 | | other satisfactory secondary-level performance demonstrated under |
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149 | 149 | | Section 39.025(a-1); and |
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150 | 150 | | (iii) assessment instruments described by |
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151 | 151 | | Section 39.0261(a); and |
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152 | 152 | | (B) a participant campus shall be evaluated on |
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153 | 153 | | community-established measures that include academic achievement |
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154 | 154 | | and college and career readiness; |
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155 | 155 | | (3) beginning not later than the 2015-2016 school |
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156 | 156 | | year, students in a special education program shall be administered |
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157 | 157 | | appropriate assessments, including assessments developed or |
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158 | 158 | | adopted under Section 39.023(b) and other assessments developed or |
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159 | 159 | | adopted for significantly cognitively disabled students; and |
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160 | 160 | | (4) beginning with the 2015-2016 school year, students |
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161 | 161 | | of limited English proficiency, as defined by Section 29.052: |
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162 | 162 | | (A) shall be administered appropriate |
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163 | 163 | | assessments, including assessments approved by the commissioner |
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164 | 164 | | that measure linguistic and academic growth as determined by the |
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165 | 165 | | student's language proficiency assessment committee established by |
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166 | 166 | | Section 29.063; and |
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167 | 167 | | (B) if a waiver from federal law is obtained, |
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168 | 168 | | shall participate in appropriate assessments the first five years |
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169 | 169 | | the students are enrolled in schools in the United States as |
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170 | 170 | | participation-only unless the student attains an English |
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171 | 171 | | proficiency rating equivalent to advanced high performance during |
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172 | 172 | | this period, in which case the student's data will be aggregated |
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173 | 173 | | into campus and district performance reports. |
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174 | 174 | | (m) The consortium shall receive independent evaluation |
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175 | 175 | | from one or more external evaluation teams, including an |
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176 | 176 | | institution of higher education in this state. |
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177 | 177 | | (m-1) An evaluation conducted under Subsection (m) must be |
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178 | 178 | | included in the reports required under Subsection (j). This |
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179 | 179 | | subsection expires January 1, 2020. |
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180 | 180 | | SECTION 2. Section 29.0822(a), Education Code, is amended |
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181 | 181 | | to read as follows: |
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182 | 182 | | (a) Notwithstanding Section 25.081 or 25.082, a school |
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183 | 183 | | district may apply to the commissioner to provide a flexible school |
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184 | 184 | | day program for students who: |
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185 | 185 | | (1) have dropped out of school or are at risk of |
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186 | 186 | | dropping out of school as defined by Section 29.081; |
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187 | 187 | | (2) attend a campus that is implementing an innovative |
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188 | 188 | | redesign of the campus, including a campus in the high performance |
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189 | 189 | | schools consortium under Section 7.0561, or an early college high |
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190 | 190 | | school under a plan approved by the commissioner; or |
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191 | 191 | | (3) as a result of attendance requirements under |
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192 | 192 | | Section 25.092, will be denied credit or a final grade for one or |
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193 | 193 | | more classes in which the students have been enrolled. |
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194 | 194 | | SECTION 3. Section 39.025(d), Education Code, is amended to |
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195 | 195 | | read as follows: |
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196 | 196 | | (d) Notwithstanding Subsection (a), the commissioner by |
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197 | 197 | | rule shall adopt one or more alternative nationally recognized norm |
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198 | 198 | | referenced assessment instruments under this section to administer |
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199 | 199 | | to a student to qualify for a high school diploma if the student |
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200 | 200 | | enrolls after January 1 of the school year in which the student is |
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201 | 201 | | otherwise eligible to graduate: |
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202 | 202 | | (1) for the first time in a public school in this |
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203 | 203 | | state; [or] |
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204 | 204 | | (2) after an absence of at least four years from any |
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205 | 205 | | public school in this state; or |
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206 | 206 | | (3) in a public school in this state that does not |
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207 | 207 | | participate in the high performance schools consortium under |
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208 | 208 | | Section 7.0561 after the student has been enrolled in a public |
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209 | 209 | | school participating in the consortium during high school. |
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210 | 210 | | SECTION 4. This Act takes effect immediately if it receives |
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211 | 211 | | a vote of two-thirds of all the members elected to each house, as |
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212 | 212 | | provided by Section 39, Article III, Texas Constitution. If this |
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213 | 213 | | Act does not receive the vote necessary for immediate effect, this |
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214 | 214 | | Act takes effect September 1, 2015. |
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