H.B. No. 2223
AN ACT
relating to developmental coursework offered by public
institutions of higher education under the Texas Success
Initiative.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. TEXAS SUCCESS INITIATIVE
SECTION 1.01. Chapter 51, Education Code, is amended by
adding Subchapter F-1, and a heading is added to that subchapter to
read as follows:
SUBCHAPTER F-1. TEXAS SUCCESS INITIATIVE
SECTION 1.02. Sections 51.3062(a) and (a-1), Education
Code, are transferred to Subchapter F-1, Chapter 51, Education
Code, as added by this Act, redesignated as Section 51.331,
Education Code, and amended to read as follows:
Sec. 51.331. DEFINITIONS. (a) The definitions provided by
Section 61.003 apply to this subchapter [section].
(b) [(a-1)] In this subchapter [section]:
(1) "Basic academic skills education" means
non-course competency-based developmental education programs and
interventions designed for students whose performance falls
significantly below college readiness standards.
(2) "Program evaluation" means a systematic method of
collecting, analyzing, and using information to answer questions
about developmental education courses, interventions, and
policies, particularly about their effectiveness and
cost-efficiency.
SECTION 1.03. Section 51.3062(r), Education Code, is
transferred to Subchapter F-1, Chapter 51, Education Code, as added
by this Act, redesignated as Section 51.332, Education Code, and
amended to read as follows:
Sec. 51.332. APPLICABILITY. [(r)] This subchapter
[section] does not apply to:
(1) a student who has graduated with an associate or
baccalaureate degree from an institution of higher education;
(2) a student who transfers to an institution of
higher education from a private or independent institution of
higher education or an accredited out-of-state institution of
higher education and who has satisfactorily completed
college-level coursework;
(3) a student who is enrolled in a certificate program
of one year or less at a public junior college, a public technical
institute, or a public state college;
(4) a student who is serving on active duty as a member
of:
(A) the armed forces of the United States; or
(B) the Texas National Guard;
(5) a student who is currently serving as and, for at
least the three-year period preceding enrollment, has served as a
member of a reserve component of the armed forces of the United
States; or
(6) a student who on or after August 1, 1990, was
honorably discharged, retired, or released from:
(A) active duty as a member of the armed forces of
the United States or the Texas National Guard; or
(B) service as a member of a reserve component of
the armed forces of the United States.
SECTION 1.04. Section 51.3062(b), Education Code, is
transferred to Subchapter F-1, Chapter 51, Education Code, as added
by this Act, redesignated as Section 51.333, Education Code, and
amended to read as follows:
Sec. 51.333. COLLEGE READINESS ASSESSMENT REQUIRED. (a)
[(b)] An institution of higher education shall, using an
assessment instrument designated by the board under Section 51.334,
assess the academic skills of each entering undergraduate student
to determine the student's readiness to enroll in freshman-level
academic coursework.
(b) An institution of higher education may not use the
assessment required under this section or the results of the
assessment as a condition of admission to the institution.
SECTION 1.05. Sections 51.3062(c), (f), and (f-1),
Education Code, are transferred to Subchapter F-1, Chapter 51,
Education Code, as added by this Act, redesignated as Section
51.334, Education Code, and amended to read as follows:
Sec. 51.334. ASSESSMENT INSTRUMENTS. (a) [(c)] The board
shall designate one or more instruments for use by institutions of
higher education in assessing students under this subchapter [this
section].
(b) [(f)] Each assessment instrument designated by the
board for use under this subchapter [section] must be diagnostic in
nature and designed to assess a student's readiness to perform
freshman-level academic coursework. The board shall prescribe a
single standard or set of standards for each assessment instrument
to effectively measure student readiness as demonstrated by current
research.
(c) [(f-1)] For each assessment instrument designated by
the board for use under this subchapter [section], the board shall
prescribe a score below which a student is eligible for basic
academic skills education.
SECTION 1.06. Sections 51.3062(g) and (h), Education Code,
are transferred to Subchapter F-1, Chapter 51, Education Code, as
added by this Act, redesignated as Section 51.335, Education Code,
and reordered and amended to read as follows:
Sec. 51.335. COLLEGE READINESS ADVISING. (a) [(h)] If a
student fails to meet the assessment standards described by Section
51.334(b) [Subsection (f)], the institution of higher education
shall work with the student to develop a plan to assist the student
in becoming ready to perform freshman-level academic coursework.
The plan must be designed on an individual basis to provide the best
opportunity for each student to attain that readiness.
(b) [(g)] Each institution of higher education shall
establish a program to advise students regarding coursework and
other means by which students can develop the academic skills
required to successfully complete college-level work.
SECTION 1.07. Sections 51.3062(i), (i-2), and (t),
Education Code, are transferred to Subchapter F-1, Chapter 51,
Education Code, as added by this Act, redesignated as Section
51.336, Education Code, and amended to read as follows:
Sec. 51.336. DEVELOPMENTAL EDUCATION. (a) An [(i) The]
institution of higher education may refer a student to
developmental coursework, including basic academic skills
education, as considered necessary by the institution to address a
student's deficiencies in the student's readiness to perform
freshman-level academic coursework, except that the institution
may not require enrollment in developmental coursework with respect
to a student previously determined under Section 51.338(d)
[Subsection (q-1)] or [determined] by any institution of higher
education to have met college-readiness standards.
(b) An institution of higher education that requires a
student to enroll in developmental coursework must offer a range of
developmental coursework, including online coursework, or
instructional support that includes the integration of technology
to efficiently address the particular developmental needs of the
student.
(c) Each institution of higher education shall develop and
implement for developmental coursework, other than adult basic
education or basic academic skills education, developmental
education using a corequisite model under which a student
concurrently enrolls in a developmental education course and a
freshman-level course in the same subject area for each subject
area for which the student is referred to developmental coursework.
Each institution shall ensure that at least 75 percent of the
institution's students enrolled in developmental coursework other
than adult basic education or basic academic skills education are
enrolled in developmental coursework described by this subsection.
(d) If a student fails to satisfactorily complete a
freshman-level course described by Subsection (c), the institution
of higher education shall:
(1) review the plan developed for the student under
Section 51.335(a) and, if necessary, work with the student to
revise the plan; and
(2) offer to the student a range of competency-based
education programs to assist the student in becoming ready to
perform freshman-level academic coursework in the applicable
subject area.
(e) [(i-2)] An institution of higher education must base
developmental coursework on research-based best practices that
include the following components:
(1) assessment;
(2) differentiated placement and instruction;
(3) faculty development;
(4) support services;
(5) program evaluation;
(6) integration of technology with an emphasis on
instructional support programs;
(7) non-course-based developmental education
interventions; and
(8) subject to the requirements of Subsection (c),
course pairing of developmental education courses with
credit-bearing courses.
(f) [(t)] To allow a student to complete any necessary
developmental coursework in the most efficient and cost-effective
manner, the board shall encourage institutions of higher education
to offer various types of developmental coursework that address
various levels of deficiency in readiness to perform college
coursework for which course credit may be earned, as determined on
the basis of assessments as described by Section 51.334 [Subsection
(f)]. The types of developmental coursework may include:
(1) course-based programs;
(2) non-course-based programs, such as advising
programs;
(3) module format programs;
(4) competency-based education programs;
(5) basic academic skills education, if applicable to
the student; and
(6) subject to the requirements of Subsection
(c), programs under which the student is pairing or taking
concurrently a developmental education course and another course in
the same subject area for which course credit may be earned.
SECTION 1.08. Sections 51.3062(j) and (k), Education Code,
are transferred to Subchapter F-1, Chapter 51, Education Code, as
added by this Act, redesignated as Section 51.337, Education Code,
and amended to read as follows:
Sec. 51.337. REEVALUATION OF COLLEGE READINESS. (a)
[(j)] A student may retake an assessment instrument designated by
the board for use under this subchapter at any time to determine
readiness to perform freshman-level academic coursework.
(b) [(k)] An institution of higher education shall
determine when a student is ready to perform freshman-level
academic coursework. The institution must make its determination
using learning outcomes for developmental education courses
developed by the board based on established college and career
readiness standards and student performance on one or more
appropriate assessments.
SECTION 1.09. Sections 51.3062(p), (q), (q-1), (q-2), and
(s), Education Code, are transferred to Subchapter F-1, Chapter
51, Education Code, as added by this Act, redesignated as Section
51.338, Education Code, and reordered and amended to read as
follows:
Sec. 51.338. EXEMPTIONS. (a) [(s)] An institution of
higher education may exempt a non-degree-seeking or
non-certificate-seeking student from the requirements of this
subchapter [section].
(b) [(p)] A student who has achieved a score set by the
board on the SAT [Scholastic Assessment Test (SAT)] or ACT [the
American College Test (ACT)] is exempt from the requirements of
this subchapter [section]. An exemption under this subsection is
effective for the five-year period following the date a student
takes the test and achieves the standard set by the board.
(c) [(q)] A student who has achieved scores set by the board
on the questions developed for end-of-course assessment
instruments under Section 39.0233(a) is exempt from the
requirements of this subchapter [section]. The exemption is
effective for the three-year period following the date a student
takes the last assessment instrument for purposes of this
subchapter [section] and achieves the standard set by the board.
This subsection does not apply during any period for which the board
designates the questions developed for end-of-course assessment
instruments under Section 39.0233(a) as the primary assessment
instrument under this subchapter [section], except that the
three-year period described by this subsection remains in effect
for students who qualify for an exemption under this subsection
before that period.
(d) [(q-1)] A student who has demonstrated the performance
standard for college readiness as provided by Section 28.008 on the
postsecondary readiness assessment instruments adopted under
Section 39.0238 for Algebra II and English III is exempt from the
requirements of this subchapter [section] with respect to those
content areas. The commissioner of higher education by rule shall
establish the period for which an exemption under this subsection
is valid.
(e) [(q-2)] A student who successfully completes a college
preparatory course under Section 28.014 is exempt from the
requirements of this subchapter [section] with respect to the
content area of the course, provided that the student satisfies the
requirements of Subsection (f) of this section. The exemption is
effective for the two-year period following the date the student
graduates from high school[, and the student must enroll in the
student's first college-level course in the exempted content area
in the student's first year of enrollment in an institution of
higher education. If the student earns less than a C in the
student's first college-level course in the exempted content area,
the institution shall advise the student of non-course-based
options for becoming college ready, such as tutoring or accelerated
learning]. The exemption applies only at the institution of higher
education that partners with the school district in which the
student is enrolled to provide the course, except that the
commissioner of higher education by rule may determine the manner
in which the exemption may be applied to institutions of higher
education other than the partnering institution.
(f) A student receiving an exemption under Subsection (e)
must enroll in a college-level course in the exempted content area
during the student's first year of enrollment at an institution of
higher education occurring after the student qualifies for the
exemption. If the student earns a grade below a "C" for the course,
the institution shall advise the student of non-course-based
options for attaining college readiness, such as tutoring or
accelerated learning.
(g) The board [Texas Higher Education Coordinating Board]
shall:
(1) collect and analyze data regarding the
effectiveness of college preparatory courses provided under
Section 28.014 in assisting students to become ready to perform
freshman-level academic coursework, as measured by the rate at
which students receiving an exemption under Subsection (e)
successfully complete the course described by Subsection (f); and
(2) in November of each even-numbered year, submit a
[students' successful completion of the first college-level course
in the exempted content area. The board shall] report of the
board's [its] findings to [all partnering institutions of higher
education and independent school districts of each college
preparatory course evaluated, as well as] the governor, the
lieutenant governor, the speaker of the house of representatives,
the standing legislative committees with primary jurisdiction over
higher education, and each institution of higher education and
school district that offers a college preparatory course under
Section 28.014 [and the members of the House and Senate Committees
on Higher Education].
SECTION 1.10. Section 51.3062(i-4), Education Code, is
transferred to Subchapter F-1, Chapter 51, Education Code, as added
by this Act, redesignated as Section 51.339, Education Code, and
amended to read as follows:
Sec. 51.339. PROFESSIONAL DEVELOPMENT FOR DEVELOPMENTAL
EDUCATION. [(i-4)] The board, in consultation with institutions
of higher education, shall develop and provide professional
development programs, including instruction in differentiated
instruction methods designed to address students' diverse learning
needs, to faculty and staff who provide developmental coursework,
including basic academic skills education, to students.
SECTION 1.11. Sections 51.3062(l) and (m), Education Code,
are transferred to Subchapter F-1, Chapter 51, Education Code, as
added by this Act, redesignated as Section 51.340, Education Code,
and amended to read as follows:
Sec. 51.340. FUNDING. (a) [(l)] The legislature shall
appropriate money for approved non-degree-credit developmental
courses, including basic academic skills education, except that
legislative appropriations may not be used for developmental
coursework taken by a student in excess of:
(1) for a general academic teaching institution:
(A) 9 semester credit hours; or
(B) 18 semester credit hours, if the
developmental coursework is English for speakers of other languages
[for a general academic teaching institution]; and
(2) for a public junior college, public technical
institute, or public state college:
(A) 18 semester credit hours; or
(B) 27 semester credit hours, if the
developmental coursework is English for speakers of other languages
[for a public junior college, public technical institute, or public
state college].
(b) [(m)] The board may develop formulas to supplement the
funding of developmental academic programs by institutions of
higher education, including formulas for supplementing the funding
of non-course-based programs. The board may develop a performance
funding formula by which institutions of higher education may
receive additional funding for each student who completes the
success initiative [Success Initiative] established under this
subchapter [section] and then successfully completes college
coursework. The legislature may appropriate the money required to
provide the additional funding under those formulas.
SECTION 1.12. Section 51.3062(n), Education Code, is
transferred to Subchapter F-1, Chapter 51, Education Code, as added
by this Act, redesignated as Section 51.341, Education Code, and
amended to read as follows:
Sec. 51.341. REPORT TO BOARD. [(n)] Each institution of
higher education, other than a medical and dental unit, shall
report annually to the board on the success of its students and the
effectiveness of its success initiative [Success Initiative].
SECTION 1.13. Section 51.3062(u), Education Code, is
transferred to Subchapter F-1, Chapter 51, Education Code, as added
by this Act, redesignated as Section 51.342, Education Code, and
amended to read as follows:
Sec. 51.342. REPORT TO SCHOOL DISTRICTS. [(u)] An
institution of higher education that administers an assessment
instrument to students under this subchapter [this section] shall
report to each school district from which assessed students
graduated high school all available information regarding student
scores and performance on the assessment instrument and student
demographics. [The board shall adopt rules as necessary to
implement this subsection, including rules for implementing this
subsection in a manner that complies with federal law regarding
confidentiality of student medical or educational information,
including the Health Insurance Portability and Accountability Act
of 1996 (42 U.S.C. Section 1320d et seq.) and the Family Educational
Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), and any
state law relating to the privacy of student information.]
SECTION 1.14. Section 51.3062(o), Education Code, is
transferred to Subchapter F-1, Chapter 51, Education Code, as added
by this Act, redesignated as Section 51.343, Education Code, and
amended to read as follows:
Sec. 51.343. EVALUATION OF SUCCESS INITIATIVE. [(o)] The
board shall evaluate the effectiveness of the success initiative
[Success Initiative] on a statewide basis and with respect to each
institution of higher education.
SECTION 1.15. Sections 51.3062(i-1), (i-3), and (t-1),
Education Code, are transferred to Subchapter F-1, Chapter 51,
Education Code, as added by this Act, redesignated as Section
51.344, Education Code, and reordered and amended to read as
follows:
Sec. 51.344. RULES. (a) [(t-1)] The board may adopt rules
as necessary to implement this subchapter [section].
(b) [(i-1)] The board's rules [commissioner of higher
education] may [by rule] require an institution of higher education
to adopt uniform standards for the placement of a student under this
subchapter [section].
(c) The board shall adopt rules to ensure that this
subchapter is administered in a manner that complies with federal
law regarding confidentiality of student medical or educational
information, including the Health Insurance Portability and
Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.), the
Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
Section 1232g), and any state law relating to the privacy of student
information.
(d) [(i-3)] The board shall adopt rules for the
implementation of Section 51.336(e) [Subsection (i-2)].
SECTION 1.16. The heading to Section 51.3062, Education
Code, is repealed.
SECTION 1.17. Each public institution of higher education
shall ensure that the institution's developmental coursework
complies with the requirements of Section 51.336(c), Education
Code, as added by this Act, according to the following schedule:
(1) for the 2018-2019 academic year, at least 25
percent of the institution's students enrolled in developmental
coursework other than adult basic education or basic academic
skills education must be enrolled in developmental coursework that
complies with those requirements;
(2) for the 2019-2020 academic year, at least 50
percent of the institution's students enrolled in developmental
coursework other than adult basic education or basic academic
skills education must be enrolled in developmental coursework that
complies with those requirements; and
(3) for the 2020-2021 academic year and each
subsequent academic year, at least 75 percent of the institution's
students enrolled in developmental coursework other than adult
basic education or basic academic skills education must be enrolled
in developmental coursework that complies with those requirements.
SECTION 1.18. Section 51.340(a), Education Code, as
transferred, redesignated, and amended from Section 51.3062(l),
Education Code, by this Act, applies beginning with the 2018-2019
academic year.
ARTICLE 2. CONFORMING AMENDMENTS
SECTION 2.01. Section 28.014(a), Education Code, is amended
to read as follows:
(a) Each school district shall partner with at least one
institution of higher education to develop and provide courses in
college preparatory mathematics and English language arts. The
courses must be designed:
(1) for students at the 12th grade level whose
performance on:
(A) an end-of-course assessment instrument
required under Section 39.023(c) does not meet college readiness
standards; or
(B) coursework, a college entrance examination,
or an assessment instrument designated under Section 51.334
[51.3062(c)] indicates that the student is not ready to perform
entry-level college coursework; and
(2) to prepare students for success in entry-level
college courses.
SECTION 2.02. Section 29.904(d), Education Code, is amended
to read as follows:
(d) A plan developed under this section:
(1) must establish clear, achievable goals for
increasing the percentage of the school district's graduating
seniors, particularly the graduating seniors attending a high
school described by Subsection (a), who enroll in an institution of
higher education for the academic year following graduation;
(2) must establish an accurate method of measuring
progress toward the goals established under Subdivision (1) that
may include the percentage of district high school students and the
percentage of students attending a district high school described
by Subsection (a) who:
(A) are enrolled in a course for which a student
may earn college credit, such as an advanced placement or
international baccalaureate course or a course offered through
concurrent enrollment in high school and at an institution of
higher education;
(B) are enrolled in courses that meet the
curriculum requirements for the distinguished level of achievement
under the foundation high school program as determined under
Section 28.025;
(C) have submitted a free application for federal
student aid (FAFSA);
(D) are exempt under Section 51.338 [51.3062(p)
or (q)] from administration of an assessment instrument under
Subchapter F-1, Chapter 51, [Section 51.3062] or have performed
successfully on an assessment instrument under that subchapter
[Section 51.3062];
(E) graduate from high school;
(F) graduate from an institution of higher
education; and
(G) have taken college entrance examinations and
the average score of those students on the examinations;
(3) must cover a period of at least five years; and
(4) may be directed at district students at any level
of primary or secondary education.
SECTION 2.03. Section 39.0233(a), Education Code, is
amended to read as follows:
(a) The agency, in coordination with the Texas Higher
Education Coordinating Board, shall adopt a series of questions to
be included in an end-of-course assessment instrument administered
under Section 39.023(c) to be used for purposes of Subchapter F-1,
Chapter 51 [Section 51.3062]. The questions adopted under this
subsection must be developed in a manner consistent with any
college readiness standards adopted under Section [Sections]
39.233 and Subchapter F-1, Chapter 51 [51.3062].
SECTION 2.04. Section 39.025(a-1), Education Code, is
amended to read as follows:
(a-1) A student enrolled in a college preparatory
mathematics or English language arts course under Section 28.014
who satisfies the Texas Success Initiative (TSI) college readiness
benchmarks prescribed by the Texas Higher Education Coordinating
Board under Section 51.334 [51.3062(f)] on an assessment instrument
designated by the coordinating board [Texas Higher Education
Coordinating Board] under that section [Section 51.3062(c)]
administered at the end of the college preparatory mathematics or
English language arts course satisfies the requirements concerning
and is exempt from the administration of the Algebra I or the
English I and English II end-of-course assessment instruments, as
applicable, as prescribed by Section 39.023(c), even if the student
did not perform satisfactorily on a previous administration of the
applicable end-of-course assessment instrument. A student who
fails to perform satisfactorily on the assessment instrument
designated by the coordinating board [Texas Higher Education
Coordinating Board] under Section 51.334 [51.3062(c)] administered
as provided by this subsection may retake that assessment
instrument for purposes of this subsection or may take the
appropriate end-of-course assessment instrument.
SECTION 2.05. Sections 39.053(c) and (c-2), Education Code,
are amended to read as follows:
(c) School districts and campuses must be evaluated based on
five domains of indicators of achievement adopted under this
section that include:
(1) in the first domain, the results of:
(A) assessment instruments required under
Sections 39.023(a), (c), and (l), including the results of
assessment instruments required for graduation retaken by a
student, aggregated across grade levels by subject area, including:
(i) for the performance standard determined
by the commissioner under Section 39.0241(a), the percentage of
students who performed satisfactorily on the assessment
instruments, aggregated across grade levels by subject area; and
(ii) for the college readiness performance
standard as determined under Section 39.0241, the percentage of
students who performed satisfactorily on the assessment
instruments, aggregated across grade levels by subject area; and
(B) assessment instruments required under
Section 39.023(b), aggregated across grade levels by subject area,
including the percentage of students who performed satisfactorily
on the assessment instruments, as determined by the performance
standard adopted by the agency, aggregated across grade levels by
subject area;
(2) in the second domain:
(A) for assessment instruments under Subdivision
(1)(A):
(i) for the performance standard determined
by the commissioner under Section 39.0241(a), the percentage of
students who met the standard for annual improvement on the
assessment instruments, as determined by the commissioner by rule
or by the method for measuring annual improvement under Section
39.034, aggregated across grade levels by subject area; and
(ii) for the college readiness performance
standard as determined under Section 39.0241, the percentage of
students who met the standard for annual improvement on the
assessment instruments, as determined by the commissioner by rule
or by the method for measuring annual improvement under Section
39.034, aggregated across grade levels by subject area; and
(B) for assessment instruments under Subdivision
(1)(B), the percentage of students who met the standard for annual
improvement on the assessment instruments, as determined by the
commissioner by rule or by the method for measuring annual
improvement under Section 39.034, aggregated across grade levels by
subject area;
(3) in the third domain, the student academic
achievement differentials among students from different racial and
ethnic groups and socioeconomic backgrounds;
(4) in the fourth domain:
(A) for evaluating the performance of high school
campuses and districts that include high school campuses:
(i) dropout rates, including dropout rates
and district completion rates for grade levels 9 through 12,
computed in accordance with standards and definitions adopted by
the National Center for Education Statistics of the United States
Department of Education;
(ii) high school graduation rates, computed
in accordance with standards and definitions adopted in compliance
with the No Child Left Behind Act of 2001 (20 U.S.C. Section 6301 et
seq.);
(iii) the percentage of students who
successfully completed the curriculum requirements for the
distinguished level of achievement under the foundation high school
program;
(iv) the percentage of students who
successfully completed the curriculum requirements for an
endorsement under Section 28.025(c-1);
(v) the percentage of students who
completed a coherent sequence of career and technical courses;
(vi) the percentage of students who satisfy
the Texas Success Initiative (TSI) college readiness benchmarks
prescribed by the Texas Higher Education Coordinating Board under
Section 51.334 [51.3062(f)] on an assessment instrument in reading,
writing, or mathematics designated by the coordinating board [Texas
Higher Education Coordinating Board] under that section [Section
51.3062(c)];
(vii) the percentage of students who earn
at least 12 hours of postsecondary credit required for the
foundation high school program under Section 28.025 or to earn an
endorsement under Section 28.025(c-1);
(viii) the percentage of students who have
completed an advanced placement course;
(ix) the percentage of students who enlist
in the armed forces of the United States; and
(x) the percentage of students who earn an
industry certification;
(B) for evaluating the performance of middle and
junior high school and elementary school campuses and districts
that include those campuses:
(i) student attendance; and
(ii) for middle and junior high school
campuses:
(a) dropout rates, computed in the
manner described by Paragraph (A)(i); and
(b) the percentage of students in
grades seven and eight who receive instruction in preparing for
high school, college, and a career that includes information
regarding the creation of a high school personal graduation plan
under Section 28.02121, the distinguished level of achievement
described by Section 28.025(b-15), each endorsement described by
Section 28.025(c-1), college readiness standards, and potential
career choices and the education needed to enter those careers; and
(C) any additional indicators of student
achievement not associated with performance on standardized
assessment instruments determined appropriate for consideration by
the commissioner in consultation with educators, parents, business
and industry representatives, and employers; and
(5) in the fifth domain, three programs or specific
categories of performance related to community and student
engagement locally selected and evaluated as provided by Section
39.0546.
(c-2) The commissioner by rule shall determine a method by
which a student's performance may be included in determining the
performance rating of a school district or campus under Section
39.054 if, before the student graduates, the student:
(1) satisfies the Texas Success Initiative (TSI)
college readiness benchmarks prescribed by the Texas Higher
Education Coordinating Board under Section 51.334 [51.3062(f)] on
an assessment instrument designated by the coordinating board
[Texas Higher Education Coordinating Board] under that section
[Section 51.3062(c)]; or
(2) performs satisfactorily on an assessment
instrument under Section 39.023(c), notwithstanding Subsection (d)
of this section.
SECTION 2.06. Section 51.406(c), Education Code, is amended
to read as follows:
(c) A rule or policy of a state agency, including the Texas
Higher Education Coordinating Board, in effect on June 1, 2011,
that requires reporting by a university system or an institution of
higher education has no effect on or after September 1, 2013, unless
the rule or policy is affirmatively and formally readopted before
that date by formal administrative rule published in the Texas
Register and adopted in compliance with Chapter 2001, Government
Code. This subsection does not apply to:
(1) a rule or policy for which the authorizing statute
is listed in Subsection (b);
(2) a rule or policy for which the authorizing statute
is repealed on or before September 1, 2013, by legislation enacted
by the legislature that becomes law; or
(3) a report required under any of the following
provisions:
(A) Article 59.06(g)(1), Code of Criminal
Procedure;
(B) Section 51.005;
(C) Section 51.0051;
(D) Subchapter F-1 of this chapter [Section
51.3062];
(E) Section 51.402;
(F) Section 56.039;
(G) [Section 61.051(k);
[(H)] Section 61.059;
(H) [(I)] Section 62.095(b);
(I) [(J)] Section 62.098;
(J) [(K)] Section 411.187(b), Government Code;
(K) [(L)] Subchapter C, Chapter 606, Government
Code;
(L) [(M)] Subchapter E, Chapter 815, Government
Code; or
(M) [(N)] Chapter 1551, Insurance Code.
SECTION 2.07. Section 54.2001(b), Education Code, is
amended to read as follows:
(b) In determining whether a person has completed a number
of semester credit hours that is considered to be excessive for
purposes of Subsection (a)(2), semester credit hours completed
include transfer credit hours that count toward the person's
undergraduate degree or certificate program course requirements
but exclude:
(1) hours earned exclusively by examination;
(2) hours earned for a course for which the person
received credit toward the person's high school academic
requirements; and
(3) hours earned for developmental coursework that an
institution of higher education required the person to take under
Subchapter F-1, Chapter 51, [Section 51.3062] or under the [former]
provisions of former Section 51.306 or former Section 51.3062.
SECTION 2.08. Section 56.3041(a), Education Code, is
amended to read as follows:
(a) To be eligible initially for a TEXAS grant, a person
graduating from high school on or after May 1, 2013, and enrolling
in an eligible institution must:
(1) be a resident of this state as determined by
coordinating board rules;
(2) meet the academic requirements prescribed by
Paragraph (A), (B), (C), or (D) as follows:
(A) be a graduate of a public or accredited
private high school in this state who completed the foundation high
school program established under Section 28.025 or its equivalent
and have accomplished any two or more of the following:
(i) successful completion of the course
requirements of the international baccalaureate diploma program or
earning of the equivalent of at least 12 semester credit hours of
college credit in high school through courses described in Sections
28.009(a)(1), (2), and (3);
(ii) satisfaction of the Texas Success
Initiative (TSI) college readiness benchmarks prescribed by the
coordinating board under Section 51.334 [51.3062(f)] on any
assessment instrument designated by the coordinating board under
that section [Section 51.3062(c)] or qualification for an exemption
as described by Section 51.338(b), (c), or (d) [51.3062(p), (q), or
(q-1)];
(iii) graduation in the top one-third of
the person's high school graduating class or graduation from high
school with a grade point average of at least 3.0 on a four-point
scale or the equivalent; or
(iv) completion for high school credit of
at least one advanced mathematics course following the successful
completion of an Algebra II course or at least one advanced career
and technical or technology applications course;
(B) have received an associate degree from a
public or private institution of higher education;
(C) be an undergraduate student who has:
(i) previously attended another
institution of higher education;
(ii) received an initial Texas Educational
Opportunity Grant under Subchapter P for the 2014 fall semester or a
subsequent academic term;
(iii) completed at least 24 semester credit
hours at any institution or institutions of higher education; and
(iv) earned an overall grade point average
of at least 2.5 on a four-point scale or the equivalent on all
course work previously attempted; or
(D) if sufficient money is available, meet the
eligibility criteria described by Section 56.304(a)(2)(A);
(3) meet financial need requirements established by
the coordinating board;
(4) be enrolled in an undergraduate degree or
certificate program at an eligible institution;
(5) except as provided under rules adopted under
Section 56.304(h), be enrolled as:
(A) an entering undergraduate student for at
least three-fourths of a full course load, as determined by the
coordinating board, not later than the 16th month after the
calendar month in which the person graduated from high school;
(B) an entering undergraduate student who
entered military service not later than the first anniversary of
the date the person graduated from high school and who enrolled for
at least three-fourths of a full course load, as determined by the
coordinating board, at the eligible institution not later than 12
months after being honorably discharged from military service;
(C) a continuing undergraduate student for at
least three-fourths of a full course load, as determined by the
coordinating board, not later than the 12th month after the
calendar month in which the person received an associate degree
from a public or private institution of higher education; or
(D) an undergraduate student described by
Subdivision (2)(C) who has never previously received a TEXAS grant;
(6) have applied for any available financial aid or
assistance; and
(7) comply with any additional nonacademic
requirements adopted by the coordinating board under this
subchapter.
SECTION 2.09. Section 61.07611(a), Education Code, is
amended to read as follows:
(a) To serve students who require developmental education
in an effective and cost-effective manner, the board shall develop
a statewide plan for developmental education to be provided under
Subchapter F-1, Chapter 51, [Section 51.3062] that:
(1) assigns primary responsibility for developmental
education to public junior colleges, public state colleges, and
public technical institutes; and
(2) provides for using technology, to the greatest
extent practicable consistent with best practices, to provide
developmental education to students.
SECTION 2.10. Section 315.004, Labor Code, is amended to
read as follows:
Sec. 315.004. ADULT EDUCATION ASSESSMENT. The commission
shall, in consultation with the Texas Higher Education Coordinating
Board and the Texas Education Agency, review the standardized
assessment mechanism required under Section 315.002(a)(7) and
recommend any changes necessary to align the assessment with the
assessments designated under Section 51.334 [51.3062], Education
Code, to allow for the proper placement of a student in an adult
basic education course or to provide the student with the proper
developmental or English as a second language coursework, as
appropriate.
ARTICLE 3. EFFECTIVE DATE
SECTION 3.01. 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, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2223 was passed by the House on May 6,
2017, by the following vote: Yeas 144, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2223 was passed by the Senate on May
19, 2017, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor