Texas 2017 - 85th Regular

Texas House Bill HB2223 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: Giddings, White (Senate Sponsor - Zaffirini) H.B. No. 2223
2		-	(In the Senate - Received from the House May 8, 2017;
3		-	May 9, 2017, read first time and referred to Committee on Higher
4		-	Education; May 15, 2017, reported favorably by the following vote:
5		-	Yeas 7, Nays 0; May 15, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 2223
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to developmental coursework offered by public
12	6		institutions of higher education under the Texas Success
13	7		Initiative.
14	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	9		ARTICLE 1. TEXAS SUCCESS INITIATIVE
16	10		SECTION 1.01. Chapter 51, Education Code, is amended by
17	11		adding Subchapter F-1, and a heading is added to that subchapter to
18	12		read as follows:
19	13		SUBCHAPTER F-1. TEXAS SUCCESS INITIATIVE
20	14		SECTION 1.02. Sections 51.3062(a) and (a-1), Education
21	15		Code, are transferred to Subchapter F-1, Chapter 51, Education
22	16		Code, as added by this Act, redesignated as Section 51.331,
23	17		Education Code, and amended to read as follows:
24	18		Sec. 51.331. DEFINITIONS. (a) The definitions provided by
25	19		Section 61.003 apply to this subchapter [section].
26	20		(b) [(a-1)] In this subchapter [section]:
27	21		(1) "Basic academic skills education" means
28	22		non-course competency-based developmental education programs and
29	23		interventions designed for students whose performance falls
30	24		significantly below college readiness standards.
31	25		(2) "Program evaluation" means a systematic method of
32	26		collecting, analyzing, and using information to answer questions
33	27		about developmental education courses, interventions, and
34	28		policies, particularly about their effectiveness and
35	29		cost-efficiency.
36	30		SECTION 1.03. Section 51.3062(r), Education Code, is
37	31		transferred to Subchapter F-1, Chapter 51, Education Code, as added
38	32		by this Act, redesignated as Section 51.332, Education Code, and
39	33		amended to read as follows:
40	34		Sec. 51.332. APPLICABILITY. [(r)] This subchapter
41	35		[section] does not apply to:
42	36		(1) a student who has graduated with an associate or
43	37		baccalaureate degree from an institution of higher education;
44	38		(2) a student who transfers to an institution of
45	39		higher education from a private or independent institution of
46	40		higher education or an accredited out-of-state institution of
47	41		higher education and who has satisfactorily completed
48	42		college-level coursework;
49	43		(3) a student who is enrolled in a certificate program
50	44		of one year or less at a public junior college, a public technical
51	45		institute, or a public state college;
52	46		(4) a student who is serving on active duty as a member
53	47		of:
54	48		(A) the armed forces of the United States; or
55	49		(B) the Texas National Guard;
56	50		(5) a student who is currently serving as and, for at
57	51		least the three-year period preceding enrollment, has served as a
58	52		member of a reserve component of the armed forces of the United
59	53		States; or
60	54		(6) a student who on or after August 1, 1990, was
61	55		honorably discharged, retired, or released from:
62	56		(A) active duty as a member of the armed forces of
63	57		the United States or the Texas National Guard; or
64	58		(B) service as a member of a reserve component of
65	59		the armed forces of the United States.
66	60		SECTION 1.04. Section 51.3062(b), Education Code, is
67	61		transferred to Subchapter F-1, Chapter 51, Education Code, as added
68	62		by this Act, redesignated as Section 51.333, Education Code, and
69	63		amended to read as follows:
70	64		Sec. 51.333. COLLEGE READINESS ASSESSMENT REQUIRED. (a)
71	65		[(b)] An institution of higher education shall, using an
72	66		assessment instrument designated by the board under Section 51.334,
73	67		assess the academic skills of each entering undergraduate student
74	68		to determine the student's readiness to enroll in freshman-level
75	69		academic coursework.
76	70		(b) An institution of higher education may not use the
77	71		assessment required under this section or the results of the
78	72		assessment as a condition of admission to the institution.
79	73		SECTION 1.05. Sections 51.3062(c), (f), and (f-1),
80	74		Education Code, are transferred to Subchapter F-1, Chapter 51,
81	75		Education Code, as added by this Act, redesignated as Section
82	76		51.334, Education Code, and amended to read as follows:
83	77		Sec. 51.334. ASSESSMENT INSTRUMENTS. (a) [(c)] The board
84	78		shall designate one or more instruments for use by institutions of
85	79		higher education in assessing students under this subchapter [this
86	80		section].
87	81		(b) [(f)] Each assessment instrument designated by the
88	82		board for use under this subchapter [section] must be diagnostic in
89	83		nature and designed to assess a student's readiness to perform
90	84		freshman-level academic coursework. The board shall prescribe a
91	85		single standard or set of standards for each assessment instrument
92	86		to effectively measure student readiness as demonstrated by current
93	87		research.
94	88		(c) [(f-1)] For each assessment instrument designated by
95	89		the board for use under this subchapter [section], the board shall
96	90		prescribe a score below which a student is eligible for basic
97	91		academic skills education.
98	92		SECTION 1.06. Sections 51.3062(g) and (h), Education Code,
99	93		are transferred to Subchapter F-1, Chapter 51, Education Code, as
100	94		added by this Act, redesignated as Section 51.335, Education Code,
101	95		and reordered and amended to read as follows:
102	96		Sec. 51.335. COLLEGE READINESS ADVISING. (a) [(h)] If a
103	97		student fails to meet the assessment standards described by Section
104	98		51.334(b) [Subsection (f)], the institution of higher education
105	99		shall work with the student to develop a plan to assist the student
106	100		in becoming ready to perform freshman-level academic coursework.
107	101		The plan must be designed on an individual basis to provide the best
108	102		opportunity for each student to attain that readiness.
109	103		(b) [(g)] Each institution of higher education shall
110	104		establish a program to advise students regarding coursework and
111	105		other means by which students can develop the academic skills
112	106		required to successfully complete college-level work.
113	107		SECTION 1.07. Sections 51.3062(i), (i-2), and (t),
114	108		Education Code, are transferred to Subchapter F-1, Chapter 51,
115	109		Education Code, as added by this Act, redesignated as Section
116	110		51.336, Education Code, and amended to read as follows:
117	111		Sec. 51.336. DEVELOPMENTAL EDUCATION. (a) An [(i) The]
118	112		institution of higher education may refer a student to
119	113		developmental coursework, including basic academic skills
120	114		education, as considered necessary by the institution to address a
121	115		student's deficiencies in the student's readiness to perform
122	116		freshman-level academic coursework, except that the institution
123	117		may not require enrollment in developmental coursework with respect
124	118		to a student previously determined under Section 51.338(d)
125	119		[Subsection (q-1)] or [determined] by any institution of higher
126	120		education to have met college-readiness standards.
127	121		(b) An institution of higher education that requires a
128	122		student to enroll in developmental coursework must offer a range of
129	123		developmental coursework, including online coursework, or
130	124		instructional support that includes the integration of technology
131	125		to efficiently address the particular developmental needs of the
132	126		student.
133	127		(c) Each institution of higher education shall develop and
134	128		implement for developmental coursework, other than adult basic
135	129		education or basic academic skills education, developmental
136	130		education using a corequisite model under which a student
137	131		concurrently enrolls in a developmental education course and a
138	132		freshman-level course in the same subject area for each subject
139	133		area for which the student is referred to developmental coursework.
140	134		Each institution shall ensure that at least 75 percent of the
141	135		institution's students enrolled in developmental coursework other
142	136		than adult basic education or basic academic skills education are
143	137		enrolled in developmental coursework described by this subsection.
144	138		(d) If a student fails to satisfactorily complete a
145	139		freshman-level course described by Subsection (c), the institution
146	140		of higher education shall:
147	141		(1) review the plan developed for the student under
148	142		Section 51.335(a) and, if necessary, work with the student to
149	143		revise the plan; and
150	144		(2) offer to the student a range of competency-based
151	145		education programs to assist the student in becoming ready to
152	146		perform freshman-level academic coursework in the applicable
153	147		subject area.
154	148		(e) [(i-2)] An institution of higher education must base
155	149		developmental coursework on research-based best practices that
156	150		include the following components:
157	151		(1) assessment;
158	152		(2) differentiated placement and instruction;
159	153		(3) faculty development;
160	154		(4) support services;
161	155		(5) program evaluation;
162	156		(6) integration of technology with an emphasis on
163	157		instructional support programs;
164	158		(7) non-course-based developmental education
165	159		interventions; and
166	160		(8) subject to the requirements of Subsection (c),
167	161		course pairing of developmental education courses with
168	162		credit-bearing courses.
169	163		(f) [(t)] To allow a student to complete any necessary
170	164		developmental coursework in the most efficient and cost-effective
171	165		manner, the board shall encourage institutions of higher education
172	166		to offer various types of developmental coursework that address
173	167		various levels of deficiency in readiness to perform college
174	168		coursework for which course credit may be earned, as determined on
175	169		the basis of assessments as described by Section 51.334 [Subsection
176	170		(f)]. The types of developmental coursework may include:
177	171		(1) course-based programs;
178	172		(2) non-course-based programs, such as advising
179	173		programs;
180	174		(3) module format programs;
181	175		(4) competency-based education programs;
182	176		(5) basic academic skills education, if applicable to
183	177		the student; and
184	178		(6) subject to the requirements of Subsection
185	179		(c), programs under which the student is pairing or taking
186	180		concurrently a developmental education course and another course in
187	181		the same subject area for which course credit may be earned.
188	182		SECTION 1.08. Sections 51.3062(j) and (k), Education Code,
189	183		are transferred to Subchapter F-1, Chapter 51, Education Code, as
190	184		added by this Act, redesignated as Section 51.337, Education Code,
191	185		and amended to read as follows:
192	186		Sec. 51.337. REEVALUATION OF COLLEGE READINESS. (a)
193	187		[(j)] A student may retake an assessment instrument designated by
194	188		the board for use under this subchapter at any time to determine
195	189		readiness to perform freshman-level academic coursework.
196	190		(b) [(k)] An institution of higher education shall
197	191		determine when a student is ready to perform freshman-level
198	192		academic coursework. The institution must make its determination
199	193		using learning outcomes for developmental education courses
200	194		developed by the board based on established college and career
201	195		readiness standards and student performance on one or more
202	196		appropriate assessments.
203	197		SECTION 1.09. Sections 51.3062(p), (q), (q-1), (q-2), and
204	198		(s), Education Code, are transferred to Subchapter F-1, Chapter
205	199		51, Education Code, as added by this Act, redesignated as Section
206	200		51.338, Education Code, and reordered and amended to read as
207	201		follows:
208	202		Sec. 51.338. EXEMPTIONS. (a) [(s)] An institution of
209	203		higher education may exempt a non-degree-seeking or
210	204		non-certificate-seeking student from the requirements of this
211	205		subchapter [section].
212	206		(b) [(p)] A student who has achieved a score set by the
213	207		board on the SAT [Scholastic Assessment Test (SAT)] or ACT [the
214	208		American College Test (ACT)] is exempt from the requirements of
215	209		this subchapter [section]. An exemption under this subsection is
216	210		effective for the five-year period following the date a student
217	211		takes the test and achieves the standard set by the board.
218	212		(c) [(q)] A student who has achieved scores set by the board
219	213		on the questions developed for end-of-course assessment
220	214		instruments under Section 39.0233(a) is exempt from the
221	215		requirements of this subchapter [section]. The exemption is
222	216		effective for the three-year period following the date a student
223	217		takes the last assessment instrument for purposes of this
224	218		subchapter [section] and achieves the standard set by the board.
225	219		This subsection does not apply during any period for which the board
226	220		designates the questions developed for end-of-course assessment
227	221		instruments under Section 39.0233(a) as the primary assessment
228	222		instrument under this subchapter [section], except that the
229	223		three-year period described by this subsection remains in effect
230	224		for students who qualify for an exemption under this subsection
231	225		before that period.
232	226		(d) [(q-1)] A student who has demonstrated the performance
233	227		standard for college readiness as provided by Section 28.008 on the
234	228		postsecondary readiness assessment instruments adopted under
235	229		Section 39.0238 for Algebra II and English III is exempt from the
236	230		requirements of this subchapter [section] with respect to those
237	231		content areas. The commissioner of higher education by rule shall
238	232		establish the period for which an exemption under this subsection
239	233		is valid.
240	234		(e) [(q-2)] A student who successfully completes a college
241	235		preparatory course under Section 28.014 is exempt from the
242	236		requirements of this subchapter [section] with respect to the
243	237		content area of the course, provided that the student satisfies the
244	238		requirements of Subsection (f) of this section. The exemption is
245	239		effective for the two-year period following the date the student
246	240		graduates from high school[, and the student must enroll in the
247	241		student's first college-level course in the exempted content area
248	242		in the student's first year of enrollment in an institution of
249	243		higher education. If the student earns less than a C in the
250	244		student's first college-level course in the exempted content area,
251	245		the institution shall advise the student of non-course-based
252	246		options for becoming college ready, such as tutoring or accelerated
253	247		learning]. The exemption applies only at the institution of higher
254	248		education that partners with the school district in which the
255	249		student is enrolled to provide the course, except that the
256	250		commissioner of higher education by rule may determine the manner
257	251		in which the exemption may be applied to institutions of higher
258	252		education other than the partnering institution.
259	253		(f) A student receiving an exemption under Subsection (e)
260	254		must enroll in a college-level course in the exempted content area
261	255		during the student's first year of enrollment at an institution of
262	256		higher education occurring after the student qualifies for the
263	257		exemption. If the student earns a grade below a "C" for the course,
264	258		the institution shall advise the student of non-course-based
265	259		options for attaining college readiness, such as tutoring or
266	260		accelerated learning.
267	261		(g) The board [Texas Higher Education Coordinating Board]
268	262		shall:
269	263		(1) collect and analyze data regarding the
270	264		effectiveness of college preparatory courses provided under
271	265		Section 28.014 in assisting students to become ready to perform
272	266		freshman-level academic coursework, as measured by the rate at
273	267		which students receiving an exemption under Subsection (e)
274	268		successfully complete the course described by Subsection (f); and
275	269		(2) in November of each even-numbered year, submit a
276	270		[students' successful completion of the first college-level course
277	271		in the exempted content area. The board shall] report of the
278	272		board's [its] findings to [all partnering institutions of higher
279	273		education and independent school districts of each college
280	274		preparatory course evaluated, as well as] the governor, the
281	275		lieutenant governor, the speaker of the house of representatives,
282	276		the standing legislative committees with primary jurisdiction over
283	277		higher education, and each institution of higher education and
284	278		school district that offers a college preparatory course under
285	279		Section 28.014 [and the members of the House and Senate Committees
286	280		on Higher Education].
287	281		SECTION 1.10. Section 51.3062(i-4), Education Code, is
288	282		transferred to Subchapter F-1, Chapter 51, Education Code, as added
289	283		by this Act, redesignated as Section 51.339, Education Code, and
290	284		amended to read as follows:
291	285		Sec. 51.339. PROFESSIONAL DEVELOPMENT FOR DEVELOPMENTAL
292	286		EDUCATION. [(i-4)] The board, in consultation with institutions
293	287		of higher education, shall develop and provide professional
294	288		development programs, including instruction in differentiated
295	289		instruction methods designed to address students' diverse learning
296	290		needs, to faculty and staff who provide developmental coursework,
297	291		including basic academic skills education, to students.
298	292		SECTION 1.11. Sections 51.3062(l) and (m), Education Code,
299	293		are transferred to Subchapter F-1, Chapter 51, Education Code, as
300	294		added by this Act, redesignated as Section 51.340, Education Code,
301	295		and amended to read as follows:
302	296		Sec. 51.340. FUNDING. (a) [(l)] The legislature shall
303	297		appropriate money for approved non-degree-credit developmental
304	298		courses, including basic academic skills education, except that
305	299		legislative appropriations may not be used for developmental
306	300		coursework taken by a student in excess of:
307	301		(1) for a general academic teaching institution:
308	302		(A) 9 semester credit hours; or
309	303		(B) 18 semester credit hours, if the
310	304		developmental coursework is English for speakers of other languages
311	305		[for a general academic teaching institution]; and
312	306		(2) for a public junior college, public technical
313	307		institute, or public state college:
314	308		(A) 18 semester credit hours; or
315	309		(B) 27 semester credit hours, if the
316	310		developmental coursework is English for speakers of other languages
317	311		[for a public junior college, public technical institute, or public
318	312		state college].
319	313		(b) [(m)] The board may develop formulas to supplement the
320	314		funding of developmental academic programs by institutions of
321	315		higher education, including formulas for supplementing the funding
322	316		of non-course-based programs. The board may develop a performance
323	317		funding formula by which institutions of higher education may
324	318		receive additional funding for each student who completes the
325	319		success initiative [Success Initiative] established under this
326	320		subchapter [section] and then successfully completes college
327	321		coursework. The legislature may appropriate the money required to
328	322		provide the additional funding under those formulas.
329	323		SECTION 1.12. Section 51.3062(n), Education Code, is
330	324		transferred to Subchapter F-1, Chapter 51, Education Code, as added
331	325		by this Act, redesignated as Section 51.341, Education Code, and
332	326		amended to read as follows:
333	327		Sec. 51.341. REPORT TO BOARD. [(n)] Each institution of
334	328		higher education, other than a medical and dental unit, shall
335	329		report annually to the board on the success of its students and the
336	330		effectiveness of its success initiative [Success Initiative].
337	331		SECTION 1.13. Section 51.3062(u), Education Code, is
338	332		transferred to Subchapter F-1, Chapter 51, Education Code, as added
339	333		by this Act, redesignated as Section 51.342, Education Code, and
340	334		amended to read as follows:
341	335		Sec. 51.342. REPORT TO SCHOOL DISTRICTS. [(u)] An
342	336		institution of higher education that administers an assessment
343	337		instrument to students under this subchapter [this section] shall
344	338		report to each school district from which assessed students
345	339		graduated high school all available information regarding student
346	340		scores and performance on the assessment instrument and student
347	341		demographics. [The board shall adopt rules as necessary to
348	342		implement this subsection, including rules for implementing this
349	343		subsection in a manner that complies with federal law regarding
350	344		confidentiality of student medical or educational information,
351	345		including the Health Insurance Portability and Accountability Act
352	346		of 1996 (42 U.S.C. Section 1320d et seq.) and the Family Educational
353	347		Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), and any
354	348		state law relating to the privacy of student information.]
355	349		SECTION 1.14. Section 51.3062(o), Education Code, is
356	350		transferred to Subchapter F-1, Chapter 51, Education Code, as added
357	351		by this Act, redesignated as Section 51.343, Education Code, and
358	352		amended to read as follows:
359	353		Sec. 51.343. EVALUATION OF SUCCESS INITIATIVE. [(o)] The
360	354		board shall evaluate the effectiveness of the success initiative
361	355		[Success Initiative] on a statewide basis and with respect to each
362	356		institution of higher education.
363	357		SECTION 1.15. Sections 51.3062(i-1), (i-3), and (t-1),
364	358		Education Code, are transferred to Subchapter F-1, Chapter 51,
365	359		Education Code, as added by this Act, redesignated as Section
366	360		51.344, Education Code, and reordered and amended to read as
367	361		follows:
368	362		Sec. 51.344. RULES. (a) [(t-1)] The board may adopt rules
369	363		as necessary to implement this subchapter [section].
370	364		(b) [(i-1)] The board's rules [commissioner of higher
371	365		education] may [by rule] require an institution of higher education
372	366		to adopt uniform standards for the placement of a student under this
373	367		subchapter [section].
374	368		(c) The board shall adopt rules to ensure that this
375	369		subchapter is administered in a manner that complies with federal
376	370		law regarding confidentiality of student medical or educational
377	371		information, including the Health Insurance Portability and
378	372		Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.), the
379	373		Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
380	374		Section 1232g), and any state law relating to the privacy of student
381	375		information.
382	376		(d) [(i-3)] The board shall adopt rules for the
383	377		implementation of Section 51.336(e) [Subsection (i-2)].
384	378		SECTION 1.16. The heading to Section 51.3062, Education
385	379		Code, is repealed.
386	380		SECTION 1.17. Each public institution of higher education
387	381		shall ensure that the institution's developmental coursework
388	382		complies with the requirements of Section 51.336(c), Education
389	383		Code, as added by this Act, according to the following schedule:
390	384		(1) for the 2018-2019 academic year, at least 25
391	385		percent of the institution's students enrolled in developmental
392	386		coursework other than adult basic education or basic academic
393	387		skills education must be enrolled in developmental coursework that
394	388		complies with those requirements;
395	389		(2) for the 2019-2020 academic year, at least 50
396	390		percent of the institution's students enrolled in developmental
397	391		coursework other than adult basic education or basic academic
398	392		skills education must be enrolled in developmental coursework that
399	393		complies with those requirements; and
400	394		(3) for the 2020-2021 academic year and each
401	395		subsequent academic year, at least 75 percent of the institution's
402	396		students enrolled in developmental coursework other than adult
403	397		basic education or basic academic skills education must be enrolled
404	398		in developmental coursework that complies with those requirements.
405	399		SECTION 1.18. Section 51.340(a), Education Code, as
406	400		transferred, redesignated, and amended from Section 51.3062(l),
407	401		Education Code, by this Act, applies beginning with the 2018-2019
408	402		academic year.
409	403		ARTICLE 2. CONFORMING AMENDMENTS
410	404		SECTION 2.01. Section 28.014(a), Education Code, is amended
411	405		to read as follows:
412	406		(a) Each school district shall partner with at least one
413	407		institution of higher education to develop and provide courses in
414	408		college preparatory mathematics and English language arts. The
415	409		courses must be designed:
416	410		(1) for students at the 12th grade level whose
417	411		performance on:
418	412		(A) an end-of-course assessment instrument
419	413		required under Section 39.023(c) does not meet college readiness
420	414		standards; or
421	415		(B) coursework, a college entrance examination,
422	416		or an assessment instrument designated under Section 51.334
423	417		[51.3062(c)] indicates that the student is not ready to perform
424	418		entry-level college coursework; and
425	419		(2) to prepare students for success in entry-level
426	420		college courses.
427	421		SECTION 2.02. Section 29.904(d), Education Code, is amended
428	422		to read as follows:
429	423		(d) A plan developed under this section:
430	424		(1) must establish clear, achievable goals for
431	425		increasing the percentage of the school district's graduating
432	426		seniors, particularly the graduating seniors attending a high
433	427		school described by Subsection (a), who enroll in an institution of
434	428		higher education for the academic year following graduation;
435	429		(2) must establish an accurate method of measuring
436	430		progress toward the goals established under Subdivision (1) that
437	431		may include the percentage of district high school students and the
438	432		percentage of students attending a district high school described
439	433		by Subsection (a) who:
440	434		(A) are enrolled in a course for which a student
441	435		may earn college credit, such as an advanced placement or
442	436		international baccalaureate course or a course offered through
443	437		concurrent enrollment in high school and at an institution of
444	438		higher education;
445	439		(B) are enrolled in courses that meet the
446	440		curriculum requirements for the distinguished level of achievement
447	441		under the foundation high school program as determined under
448	442		Section 28.025;
449	443		(C) have submitted a free application for federal
450	444		student aid (FAFSA);
451	445		(D) are exempt under Section 51.338 [51.3062(p)
452	446		or (q)] from administration of an assessment instrument under
453	447		Subchapter F-1, Chapter 51, [Section 51.3062] or have performed
454	448		successfully on an assessment instrument under that subchapter
455	449		[Section 51.3062];
456	450		(E) graduate from high school;
457	451		(F) graduate from an institution of higher
458	452		education; and
459	453		(G) have taken college entrance examinations and
460	454		the average score of those students on the examinations;
461	455		(3) must cover a period of at least five years; and
462	456		(4) may be directed at district students at any level
463	457		of primary or secondary education.
464	458		SECTION 2.03. Section 39.0233(a), Education Code, is
465	459		amended to read as follows:
466	460		(a) The agency, in coordination with the Texas Higher
467	461		Education Coordinating Board, shall adopt a series of questions to
468	462		be included in an end-of-course assessment instrument administered
469	463		under Section 39.023(c) to be used for purposes of Subchapter F-1,
470	464		Chapter 51 [Section 51.3062]. The questions adopted under this
471	465		subsection must be developed in a manner consistent with any
472	466		college readiness standards adopted under Section [Sections]
473	467		39.233 and Subchapter F-1, Chapter 51 [51.3062].
474	468		SECTION 2.04. Section 39.025(a-1), Education Code, is
475	469		amended to read as follows:
476	470		(a-1) A student enrolled in a college preparatory
477	471		mathematics or English language arts course under Section 28.014
478	472		who satisfies the Texas Success Initiative (TSI) college readiness
479	473		benchmarks prescribed by the Texas Higher Education Coordinating
480	474		Board under Section 51.334 [51.3062(f)] on an assessment instrument
481	475		designated by the coordinating board [Texas Higher Education
482	476		Coordinating Board] under that section [Section 51.3062(c)]
483	477		administered at the end of the college preparatory mathematics or
484	478		English language arts course satisfies the requirements concerning
485	479		and is exempt from the administration of the Algebra I or the
486	480		English I and English II end-of-course assessment instruments, as
487	481		applicable, as prescribed by Section 39.023(c), even if the student
488	482		did not perform satisfactorily on a previous administration of the
489	483		applicable end-of-course assessment instrument. A student who
490	484		fails to perform satisfactorily on the assessment instrument
491	485		designated by the coordinating board [Texas Higher Education
492	486		Coordinating Board] under Section 51.334 [51.3062(c)] administered
493	487		as provided by this subsection may retake that assessment
494	488		instrument for purposes of this subsection or may take the
495	489		appropriate end-of-course assessment instrument.
496	490		SECTION 2.05. Sections 39.053(c) and (c-2), Education Code,
497	491		are amended to read as follows:
498	492		(c) School districts and campuses must be evaluated based on
499	493		five domains of indicators of achievement adopted under this
500	494		section that include:
501	495		(1) in the first domain, the results of:
502	496		(A) assessment instruments required under
503	497		Sections 39.023(a), (c), and (l), including the results of
504	498		assessment instruments required for graduation retaken by a
505	499		student, aggregated across grade levels by subject area, including:
506	500		(i) for the performance standard determined
507	501		by the commissioner under Section 39.0241(a), the percentage of
508	502		students who performed satisfactorily on the assessment
509	503		instruments, aggregated across grade levels by subject area; and
510	504		(ii) for the college readiness performance
511	505		standard as determined under Section 39.0241, the percentage of
512	506		students who performed satisfactorily on the assessment
513	507		instruments, aggregated across grade levels by subject area; and
514	508		(B) assessment instruments required under
515	509		Section 39.023(b), aggregated across grade levels by subject area,
516	510		including the percentage of students who performed satisfactorily
517	511		on the assessment instruments, as determined by the performance
518	512		standard adopted by the agency, aggregated across grade levels by
519	513		subject area;
520	514		(2) in the second domain:
521	515		(A) for assessment instruments under Subdivision
522	516		(1)(A):
523	517		(i) for the performance standard determined
524	518		by the commissioner under Section 39.0241(a), the percentage of
525	519		students who met the standard for annual improvement on the
526	520		assessment instruments, as determined by the commissioner by rule
527	521		or by the method for measuring annual improvement under Section
528	522		39.034, aggregated across grade levels by subject area; and
529	523		(ii) for the college readiness performance
530	524		standard as determined under Section 39.0241, the percentage of
531	525		students who met the standard for annual improvement on the
532	526		assessment instruments, as determined by the commissioner by rule
533	527		or by the method for measuring annual improvement under Section
534	528		39.034, aggregated across grade levels by subject area; and
535	529		(B) for assessment instruments under Subdivision
536	530		(1)(B), the percentage of students who met the standard for annual
537	531		improvement on the assessment instruments, as determined by the
538	532		commissioner by rule or by the method for measuring annual
539	533		improvement under Section 39.034, aggregated across grade levels by
540	534		subject area;
541	535		(3) in the third domain, the student academic
542	536		achievement differentials among students from different racial and
543	537		ethnic groups and socioeconomic backgrounds;
544	538		(4) in the fourth domain:
545	539		(A) for evaluating the performance of high school
546	540		campuses and districts that include high school campuses:
547	541		(i) dropout rates, including dropout rates
548	542		and district completion rates for grade levels 9 through 12,
549	543		computed in accordance with standards and definitions adopted by
550	544		the National Center for Education Statistics of the United States
551	545		Department of Education;
552	546		(ii) high school graduation rates, computed
553	547		in accordance with standards and definitions adopted in compliance
554	548		with the No Child Left Behind Act of 2001 (20 U.S.C. Section 6301 et
555	549		seq.);
556	550		(iii) the percentage of students who
557	551		successfully completed the curriculum requirements for the
558	552		distinguished level of achievement under the foundation high school
559	553		program;
560	554		(iv) the percentage of students who
561	555		successfully completed the curriculum requirements for an
562	556		endorsement under Section 28.025(c-1);
563	557		(v) the percentage of students who
564	558		completed a coherent sequence of career and technical courses;
565	559		(vi) the percentage of students who satisfy
566	560		the Texas Success Initiative (TSI) college readiness benchmarks
567	561		prescribed by the Texas Higher Education Coordinating Board under
568	562		Section 51.334 [51.3062(f)] on an assessment instrument in reading,
569	563		writing, or mathematics designated by the coordinating board [Texas
570	564		Higher Education Coordinating Board] under that section [Section
571	565		51.3062(c)];
572	566		(vii) the percentage of students who earn
573	567		at least 12 hours of postsecondary credit required for the
574	568		foundation high school program under Section 28.025 or to earn an
575	569		endorsement under Section 28.025(c-1);
576	570		(viii) the percentage of students who have
577	571		completed an advanced placement course;
578	572		(ix) the percentage of students who enlist
579	573		in the armed forces of the United States; and
580	574		(x) the percentage of students who earn an
581	575		industry certification;
582	576		(B) for evaluating the performance of middle and
583	577		junior high school and elementary school campuses and districts
584	578		that include those campuses:
585	579		(i) student attendance; and
586	580		(ii) for middle and junior high school
587	581		campuses:
588	582		(a) dropout rates, computed in the
589	583		manner described by Paragraph (A)(i); and
590	584		(b) the percentage of students in
591	585		grades seven and eight who receive instruction in preparing for
592	586		high school, college, and a career that includes information
593	587		regarding the creation of a high school personal graduation plan
594	588		under Section 28.02121, the distinguished level of achievement
595	589		described by Section 28.025(b-15), each endorsement described by
596	590		Section 28.025(c-1), college readiness standards, and potential
597	591		career choices and the education needed to enter those careers; and
598	592		(C) any additional indicators of student
599	593		achievement not associated with performance on standardized
600	594		assessment instruments determined appropriate for consideration by
601	595		the commissioner in consultation with educators, parents, business
602	596		and industry representatives, and employers; and
603	597		(5) in the fifth domain, three programs or specific
604	598		categories of performance related to community and student
605	599		engagement locally selected and evaluated as provided by Section
606	600		39.0546.
607	601		(c-2) The commissioner by rule shall determine a method by
608	602		which a student's performance may be included in determining the
609	603		performance rating of a school district or campus under Section
610	604		39.054 if, before the student graduates, the student:
611	605		(1) satisfies the Texas Success Initiative (TSI)
612	606		college readiness benchmarks prescribed by the Texas Higher
613	607		Education Coordinating Board under Section 51.334 [51.3062(f)] on
614	608		an assessment instrument designated by the coordinating board
615	609		[Texas Higher Education Coordinating Board] under that section
616	610		[Section 51.3062(c)]; or
617	611		(2) performs satisfactorily on an assessment
618	612		instrument under Section 39.023(c), notwithstanding Subsection (d)
619	613		of this section.
620	614		SECTION 2.06. Section 51.406(c), Education Code, is amended
621	615		to read as follows:
622	616		(c) A rule or policy of a state agency, including the Texas
623	617		Higher Education Coordinating Board, in effect on June 1, 2011,
624	618		that requires reporting by a university system or an institution of
625	619		higher education has no effect on or after September 1, 2013, unless
626	620		the rule or policy is affirmatively and formally readopted before
627	621		that date by formal administrative rule published in the Texas
628	622		Register and adopted in compliance with Chapter 2001, Government
629	623		Code. This subsection does not apply to:
630	624		(1) a rule or policy for which the authorizing statute
631	625		is listed in Subsection (b);
632	626		(2) a rule or policy for which the authorizing statute
633	627		is repealed on or before September 1, 2013, by legislation enacted
634	628		by the legislature that becomes law; or
635	629		(3) a report required under any of the following
636	630		provisions:
637	631		(A) Article 59.06(g)(1), Code of Criminal
638	632		Procedure;
639	633		(B) Section 51.005;
640	634		(C) Section 51.0051;
641	635		(D) Subchapter F-1 of this chapter [Section
642	636		51.3062];
643	637		(E) Section 51.402;
644	638		(F) Section 56.039;
645	639		(G) [Section 61.051(k);
646	640		[(H)] Section 61.059;
647	641		(H) [(I)] Section 62.095(b);
648	642		(I) [(J)] Section 62.098;
649	643		(J) [(K)] Section 411.187(b), Government Code;
650	644		(K) [(L)] Subchapter C, Chapter 606, Government
651	645		Code;
652	646		(L) [(M)] Subchapter E, Chapter 815, Government
653	647		Code; or
654	648		(M) [(N)] Chapter 1551, Insurance Code.
655	649		SECTION 2.07. Section 54.2001(b), Education Code, is
656	650		amended to read as follows:
657	651		(b) In determining whether a person has completed a number
658	652		of semester credit hours that is considered to be excessive for
659	653		purposes of Subsection (a)(2), semester credit hours completed
660	654		include transfer credit hours that count toward the person's
661	655		undergraduate degree or certificate program course requirements
662	656		but exclude:
663	657		(1) hours earned exclusively by examination;
664	658		(2) hours earned for a course for which the person
665	659		received credit toward the person's high school academic
666	660		requirements; and
667	661		(3) hours earned for developmental coursework that an
668	662		institution of higher education required the person to take under
669	663		Subchapter F-1, Chapter 51, [Section 51.3062] or under the [former]
670	664		provisions of former Section 51.306 or former Section 51.3062.
671	665		SECTION 2.08. Section 56.3041(a), Education Code, is
672	666		amended to read as follows:
673	667		(a) To be eligible initially for a TEXAS grant, a person
674	668		graduating from high school on or after May 1, 2013, and enrolling
675	669		in an eligible institution must:
676	670		(1) be a resident of this state as determined by
677	671		coordinating board rules;
678	672		(2) meet the academic requirements prescribed by
679	673		Paragraph (A), (B), (C), or (D) as follows:
680	674		(A) be a graduate of a public or accredited
681	675		private high school in this state who completed the foundation high
682	676		school program established under Section 28.025 or its equivalent
683	677		and have accomplished any two or more of the following:
684	678		(i) successful completion of the course
685	679		requirements of the international baccalaureate diploma program or
686	680		earning of the equivalent of at least 12 semester credit hours of
687	681		college credit in high school through courses described in Sections
688	682		28.009(a)(1), (2), and (3);
689	683		(ii) satisfaction of the Texas Success
690	684		Initiative (TSI) college readiness benchmarks prescribed by the
691	685		coordinating board under Section 51.334 [51.3062(f)] on any
692	686		assessment instrument designated by the coordinating board under
693	687		that section [Section 51.3062(c)] or qualification for an exemption
694	688		as described by Section 51.338(b), (c), or (d) [51.3062(p), (q), or
695	689		(q-1)];
696	690		(iii) graduation in the top one-third of
697	691		the person's high school graduating class or graduation from high
698	692		school with a grade point average of at least 3.0 on a four-point
699	693		scale or the equivalent; or
700	694		(iv) completion for high school credit of
701	695		at least one advanced mathematics course following the successful
702	696		completion of an Algebra II course or at least one advanced career
703	697		and technical or technology applications course;
704	698		(B) have received an associate degree from a
705	699		public or private institution of higher education;
706	700		(C) be an undergraduate student who has:
707	701		(i) previously attended another
708	702		institution of higher education;
709	703		(ii) received an initial Texas Educational
710	704		Opportunity Grant under Subchapter P for the 2014 fall semester or a
711	705		subsequent academic term;
712	706		(iii) completed at least 24 semester credit
713	707		hours at any institution or institutions of higher education; and
714	708		(iv) earned an overall grade point average
715	709		of at least 2.5 on a four-point scale or the equivalent on all
716	710		course work previously attempted; or
717	711		(D) if sufficient money is available, meet the
718	712		eligibility criteria described by Section 56.304(a)(2)(A);
719	713		(3) meet financial need requirements established by
720	714		the coordinating board;
721	715		(4) be enrolled in an undergraduate degree or
722	716		certificate program at an eligible institution;
723	717		(5) except as provided under rules adopted under
724	718		Section 56.304(h), be enrolled as:
725	719		(A) an entering undergraduate student for at
726	720		least three-fourths of a full course load, as determined by the
727	721		coordinating board, not later than the 16th month after the
728	722		calendar month in which the person graduated from high school;
729	723		(B) an entering undergraduate student who
730	724		entered military service not later than the first anniversary of
731	725		the date the person graduated from high school and who enrolled for
732	726		at least three-fourths of a full course load, as determined by the
733	727		coordinating board, at the eligible institution not later than 12
734	728		months after being honorably discharged from military service;
735	729		(C) a continuing undergraduate student for at
736	730		least three-fourths of a full course load, as determined by the
737	731		coordinating board, not later than the 12th month after the
738	732		calendar month in which the person received an associate degree
739	733		from a public or private institution of higher education; or
740	734		(D) an undergraduate student described by
741	735		Subdivision (2)(C) who has never previously received a TEXAS grant;
742	736		(6) have applied for any available financial aid or
743	737		assistance; and
744	738		(7) comply with any additional nonacademic
745	739		requirements adopted by the coordinating board under this
746	740		subchapter.
747	741		SECTION 2.09. Section 61.07611(a), Education Code, is
748	742		amended to read as follows:
749	743		(a) To serve students who require developmental education
750	744		in an effective and cost-effective manner, the board shall develop
751	745		a statewide plan for developmental education to be provided under
752	746		Subchapter F-1, Chapter 51, [Section 51.3062] that:
753	747		(1) assigns primary responsibility for developmental
754	748		education to public junior colleges, public state colleges, and
755	749		public technical institutes; and
756	750		(2) provides for using technology, to the greatest
757	751		extent practicable consistent with best practices, to provide
758	752		developmental education to students.
759	753		SECTION 2.10. Section 315.004, Labor Code, is amended to
760	754		read as follows:
761	755		Sec. 315.004. ADULT EDUCATION ASSESSMENT. The commission
762	756		shall, in consultation with the Texas Higher Education Coordinating
763	757		Board and the Texas Education Agency, review the standardized
764	758		assessment mechanism required under Section 315.002(a)(7) and
765	759		recommend any changes necessary to align the assessment with the
766	760		assessments designated under Section 51.334 [51.3062], Education
767	761		Code, to allow for the proper placement of a student in an adult
768	762		basic education course or to provide the student with the proper
769	763		developmental or English as a second language coursework, as
770	764		appropriate.
771	765		ARTICLE 3. EFFECTIVE DATE
772	766		SECTION 3.01. This Act takes effect immediately if it
773	767		receives a vote of two-thirds of all the members elected to each
774	768		house, as provided by Section 39, Article III, Texas Constitution.
775	769		If this Act does not receive the vote necessary for immediate
776	770		effect, this Act takes effect September 1, 2017.
777		-	* * * * *
	771	+	______________________________ ______________________________
	772	+	President of the Senate Speaker of the House
	773	+	I certify that H.B. No. 2223 was passed by the House on May 6,
	774	+	2017, by the following vote: Yeas 144, Nays 0, 2 present, not
	775	+	voting.
	776	+	______________________________
	777	+	Chief Clerk of the House
	778	+	I certify that H.B. No. 2223 was passed by the Senate on May
	779	+	19, 2017, by the following vote: Yeas 31, Nays 0.
	780	+	______________________________
	781	+	Secretary of the Senate
	782	+	APPROVED: _____________________
	783	+	Date
	784	+	_____________________
	785	+	Governor