Texas 2017 - 85th Regular

Texas House Bill HB417 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R1122 KJE-D
2	2	By: White H.B. No. 417
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the repeal of the Texas Success Initiative.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 28.014(a), Education Code, is amended to
10	10	read as follows:
11	11	(a) Each school district shall partner with at least one
12	12	institution of higher education to develop and provide courses in
13	13	college preparatory mathematics and English language arts. The
14	14	courses must be designed:
15	15	(1) for students at the 12th grade level whose
16	16	performance on:
17	17	(A) an end-of-course assessment instrument
18	18	required under Section 39.023(c) does not meet college readiness
19	19	standards; or
20	20	(B) coursework or [,] a college entrance
21	21	examination[, or an assessment instrument designated under Section
22	22	51.3062(c)] indicates that the student is not ready to perform
23	23	entry-level college coursework; and
24	24	(2) to prepare students for success in entry-level
25	25	college courses.
26	26	SECTION 2. Section 28.0258(h), Education Code, is amended
27	27	to read as follows:
28	28	(h) In determining whether a student for whom an individual
29	29	graduation committee is established is qualified to graduate, the
30	30	committee shall consider:
31	31	(1) the recommendation of the student's teacher in
32	32	each course for which the student failed to perform satisfactorily
33	33	on an end-of-course assessment instrument;
34	34	(2) the student's grade in each course for which the
35	35	student failed to perform satisfactorily on an end-of-course
36	36	assessment instrument;
37	37	(3) the student's score on each end-of-course
38	38	assessment instrument on which the student failed to perform
39	39	satisfactorily;
40	40	(4) the student's performance on any additional
41	41	requirements recommended by the committee under Subsection (f);
42	42	(5) the number of hours of remediation that the
43	43	student has attended, including:
44	44	(A) attendance in a college preparatory course
45	45	required under Section 39.025(b-2), if applicable; or
46	46	(B) attendance in and successful completion of a
47	47	transitional college course in reading or mathematics;
48	48	(6) the student's school attendance rate;
49	49	(7) [the student's satisfaction of any of the Texas
50	50	Success Initiative (TSI) college readiness benchmarks prescribed
51	51	by the Texas Higher Education Coordinating Board;
52	52	[(8)] the student's successful completion of a dual
53	53	credit course in English, mathematics, science, or social studies;
54	54	(8) [(9)] the student's successful completion of a
55	55	high school pre-advanced placement, advanced placement, or
56	56	international baccalaureate program course in English,
57	57	mathematics, science, or social studies;
58	58	(9) [(10)] the student's rating of advanced high on
59	59	the most recent high school administration of the Texas English
60	60	Language Proficiency Assessment System;
61	61	(10) [(11)] the student's score of 50 or greater on a
62	62	College-Level Examination Program examination;
63	63	(11) [(12)] the student's score on the ACT, the SAT, or
64	64	the Armed Services Vocational Aptitude Battery test;
65	65	(12) [(13)] the student's completion of a sequence of
66	66	courses under a career and technical education program required to
67	67	attain an industry-recognized credential or certificate;
68	68	(13) [(14)] the student's overall preparedness for
69	69	postsecondary success; and
70	70	(14) [(15)] any other academic information designated
71	71	for consideration by the board of trustees of the school district.
72	72	SECTION 3. Section 29.904(d), Education Code, is amended to
73	73	read as follows:
74	74	(d) A plan developed under this section:
75	75	(1) must establish clear, achievable goals for
76	76	increasing the percentage of the school district's graduating
77	77	seniors, particularly the graduating seniors attending a high
78	78	school described by Subsection (a), who enroll in an institution of
79	79	higher education for the academic year following graduation;
80	80	(2) must establish an accurate method of measuring
81	81	progress toward the goals established under Subdivision (1) that
82	82	may include the percentage of district high school students and the
83	83	percentage of students attending a district high school described
84	84	by Subsection (a) who:
85	85	(A) are enrolled in a course for which a student
86	86	may earn college credit, such as an advanced placement or
87	87	international baccalaureate course or a course offered through
88	88	concurrent enrollment in high school and at an institution of
89	89	higher education;
90	90	(B) are enrolled in courses that meet the
91	91	curriculum requirements for the distinguished level of achievement
92	92	under the foundation high school program as determined under
93	93	Section 28.025;
94	94	(C) have submitted a free application for federal
95	95	student aid (FAFSA);
96	96	(D) [are exempt under Section 51.3062(p) or (q)
97	97	from administration of an assessment instrument under Section
98	98	51.3062 or have performed successfully on an assessment instrument
99	99	under Section 51.3062;
100	100	[(E)] graduate from high school;
101	101	(E) [(F)] graduate from an institution of higher
102	102	education; and
103	103	(F) [(G)] have taken college entrance
104	104	examinations and the average score of those students on the
105	105	examinations;
106	106	(3) must cover a period of at least five years; and
107	107	(4) may be directed at district students at any level
108	108	of primary or secondary education.
109	109	SECTION 4. Section 39.0233(b), Education Code, is amended
110	110	to read as follows:
111	111	(b) The [In addition to the questions adopted under
112	112	Subsection (a), the] agency shall adopt a series of questions to be
113	113	included in an end-of-course assessment instrument administered
114	114	under Section 39.023(c) to be used for purposes of identifying
115	115	students who are likely to succeed in an advanced high school
116	116	course. A school district shall notify a student who performs at a
117	117	high level on the questions adopted under this subsection and the
118	118	student's parent or guardian of the student's performance and
119	119	potential to succeed in an advanced high school course. A school
120	120	district may not require a student to perform at a particular level
121	121	on the questions adopted under this subsection in order to be
122	122	eligible to enroll in an advanced high school course.
123	123	SECTION 5. Sections 39.053(c) and (c-2), Education Code,
124	124	are amended to read as follows:
125	125	(c) School districts and campuses must be evaluated based on
126	126	five domains of indicators of achievement adopted under this
127	127	section that include:
128	128	(1) in the first domain, the results of:
129	129	(A) assessment instruments required under
130	130	Sections 39.023(a), (c), and (l), including the results of
131	131	assessment instruments required for graduation retaken by a
132	132	student, aggregated across grade levels by subject area, including:
133	133	(i) for the performance standard determined
134	134	by the commissioner under Section 39.0241(a), the percentage of
135	135	students who performed satisfactorily on the assessment
136	136	instruments, aggregated across grade levels by subject area; and
137	137	(ii) for the college readiness performance
138	138	standard as determined under Section 39.0241, the percentage of
139	139	students who performed satisfactorily on the assessment
140	140	instruments, aggregated across grade levels by subject area; and
141	141	(B) assessment instruments required under
142	142	Section 39.023(b), aggregated across grade levels by subject area,
143	143	including the percentage of students who performed satisfactorily
144	144	on the assessment instruments, as determined by the performance
145	145	standard adopted by the agency, aggregated across grade levels by
146	146	subject area;
147	147	(2) in the second domain:
148	148	(A) for assessment instruments under Subdivision
149	149	(1)(A):
150	150	(i) for the performance standard determined
151	151	by the commissioner under Section 39.0241(a), the percentage of
152	152	students who met the standard for annual improvement on the
153	153	assessment instruments, as determined by the commissioner by rule
154	154	or by the method for measuring annual improvement under Section
155	155	39.034, aggregated across grade levels by subject area; and
156	156	(ii) for the college readiness performance
157	157	standard as determined under Section 39.0241, the percentage of
158	158	students who met the standard for annual improvement on the
159	159	assessment instruments, as determined by the commissioner by rule
160	160	or by the method for measuring annual improvement under Section
161	161	39.034, aggregated across grade levels by subject area; and
162	162	(B) for assessment instruments under Subdivision
163	163	(1)(B), the percentage of students who met the standard for annual
164	164	improvement on the assessment instruments, as determined by the
165	165	commissioner by rule or by the method for measuring annual
166	166	improvement under Section 39.034, aggregated across grade levels by
167	167	subject area;
168	168	(3) in the third domain, the student academic
169	169	achievement differentials among students from different racial and
170	170	ethnic groups and socioeconomic backgrounds;
171	171	(4) in the fourth domain:
172	172	(A) for evaluating the performance of high school
173	173	campuses and districts that include high school campuses:
174	174	(i) dropout rates, including dropout rates
175	175	and district completion rates for grade levels 9 through 12,
176	176	computed in accordance with standards and definitions adopted by
177	177	the National Center for Education Statistics of the United States
178	178	Department of Education;
179	179	(ii) high school graduation rates, computed
180	180	in accordance with standards and definitions adopted in compliance
181	181	with the No Child Left Behind Act of 2001 (20 U.S.C. Section 6301 et
182	182	seq.);
183	183	(iii) the percentage of students who
184	184	successfully completed the curriculum requirements for the
185	185	distinguished level of achievement under the foundation high school
186	186	program;
187	187	(iv) the percentage of students who
188	188	successfully completed the curriculum requirements for an
189	189	endorsement under Section 28.025(c-1);
190	190	(v) the percentage of students who
191	191	completed a coherent sequence of career and technical courses;
192	192	(vi) [the percentage of students who
193	193	satisfy the Texas Success Initiative (TSI) college readiness
194	194	benchmarks prescribed by the Texas Higher Education Coordinating
195	195	Board under Section 51.3062(f) on an assessment instrument in
196	196	reading, writing, or mathematics designated by the Texas Higher
197	197	Education Coordinating Board under Section 51.3062(c);
198	198	[(vii)] the percentage of students who earn
199	199	at least 12 hours of postsecondary credit required for the
200	200	foundation high school program under Section 28.025 or to earn an
201	201	endorsement under Section 28.025(c-1);
202	202	(vii) [(viii)] the percentage of students
203	203	who have completed an advanced placement course;
204	204	(viii) [(ix)] the percentage of students
205	205	who enlist in the armed forces of the United States; and
206	206	(ix) [(x)] the percentage of students who
207	207	earn an industry certification;
208	208	(B) for evaluating the performance of middle and
209	209	junior high school and elementary school campuses and districts
210	210	that include those campuses:
211	211	(i) student attendance; and
212	212	(ii) for middle and junior high school
213	213	campuses:
214	214	(a) dropout rates, computed in the
215	215	manner described by Paragraph (A)(i); and
216	216	(b) the percentage of students in
217	217	grades seven and eight who receive instruction in preparing for
218	218	high school, college, and a career that includes information
219	219	regarding the creation of a high school personal graduation plan
220	220	under Section 28.02121, the distinguished level of achievement
221	221	described by Section 28.025(b-15), each endorsement described by
222	222	Section 28.025(c-1), college readiness standards, and potential
223	223	career choices and the education needed to enter those careers; and
224	224	(C) any additional indicators of student
225	225	achievement not associated with performance on standardized
226	226	assessment instruments determined appropriate for consideration by
227	227	the commissioner in consultation with educators, parents, business
228	228	and industry representatives, and employers; and
229	229	(5) in the fifth domain, three programs or specific
230	230	categories of performance related to community and student
231	231	engagement locally selected and evaluated as provided by Section
232	232	39.0546.
233	233	(c-2) The commissioner by rule shall determine a method by
234	234	which a student's performance may be included in determining the
235	235	performance rating of a school district or campus under Section
236	236	39.054 if, before the student graduates, the student[:
237	237	[(1) satisfies the Texas Success Initiative (TSI)
238	238	college readiness benchmarks prescribed by the Texas Higher
239	239	Education Coordinating Board under Section 51.3062(f) on an
240	240	assessment instrument designated by the Texas Higher Education
241	241	Coordinating Board under Section 51.3062(c); or
242	242	[(2)] performs satisfactorily on an assessment
243	243	instrument under Section 39.023(c), notwithstanding Subsection
244	244	(d).
245	245	SECTION 6. Section 51.406(c), Education Code, is amended to
246	246	read as follows:
247	247	(c) A rule or policy of a state agency, including the Texas
248	248	Higher Education Coordinating Board, in effect on June 1, 2011,
249	249	that requires reporting by a university system or an institution of
250	250	higher education has no effect on or after September 1, 2013, unless
251	251	the rule or policy is affirmatively and formally readopted before
252	252	that date by formal administrative rule published in the Texas
253	253	Register and adopted in compliance with Chapter 2001, Government
254	254	Code. This subsection does not apply to:
255	255	(1) a rule or policy for which the authorizing statute
256	256	is listed in Subsection (b);
257	257	(2) a rule or policy for which the authorizing statute
258	258	is repealed on or before September 1, 2013, by legislation enacted
259	259	by the legislature that becomes law; or
260	260	(3) a report required under any of the following
261	261	provisions:
262	262	(A) Article 59.06(g)(1), Code of Criminal
263	263	Procedure;
264	264	(B) Section 51.005;
265	265	(C) Section 51.0051;
266	266	(D) [Section 51.3062;
267	267	[(E)] Section 51.402;
268	268	(E) [(F)] Section 56.039;
269	269	(F) [(G)] Section 61.051(k);
270	270	(G) [(H)] Section 61.059;
271	271	(H) [(I)] Section 62.095(b);
272	272	(I) [(J)] Section 62.098;
273	273	(J) [(K)] Section 411.187(b), Government Code;
274	274	(K) [(L)] Subchapter C, Chapter 606, Government
275	275	Code;
276	276	(L) [(M)] Subchapter E, Chapter 815, Government
277	277	Code; or
278	278	(M) [(N)] Chapter 1551, Insurance Code.
279	279	SECTION 7. Section 54.2001(b), Education Code, is amended
280	280	to read as follows:
281	281	(b) In determining whether a person has completed a number
282	282	of semester credit hours that is considered to be excessive for
283	283	purposes of Subsection (a)(2), semester credit hours completed
284	284	include transfer credit hours that count toward the person's
285	285	undergraduate degree or certificate program course requirements
286	286	but exclude:
287	287	(1) hours earned exclusively by examination;
288	288	(2) hours earned for a course for which the person
289	289	received credit toward the person's high school academic
290	290	requirements; and
291	291	(3) hours earned for developmental coursework that an
292	292	institution of higher education required the person to take [under
293	293	Section 51.3062 or] under the former provisions of Section 51.306
294	294	or 51.3062.
295	295	SECTION 8. Section 56.3041(a), Education Code, is amended
296	296	to read as follows:
297	297	(a) To be eligible initially for a TEXAS grant, a person
298	298	graduating from high school on or after May 1, 2013, and enrolling
299	299	in an eligible institution must:
300	300	(1) be a resident of this state as determined by
301	301	coordinating board rules;
302	302	(2) meet the academic requirements prescribed by
303	303	Paragraph (A), (B), (C), or (D) as follows:
304	304	(A) be a graduate of a public or accredited
305	305	private high school in this state who completed the foundation high
306	306	school program established under Section 28.025 or its equivalent
307	307	and have accomplished any two or more of the following:
308	308	(i) successful completion of the course
309	309	requirements of the international baccalaureate diploma program or
310	310	earning of the equivalent of at least 12 semester credit hours of
311	311	college credit in high school through courses described in Sections
312	312	28.009(a)(1), (2), and (3);
313	313	(ii) achievement of a score set by the
314	314	coordinating board on the Scholastic Assessment Test (SAT) or the
315	315	American College Test (ACT), achievement of scores set by the
316	316	coordinating board on the questions developed for end-of-course
317	317	assessment instruments under former Section 39.0233(a), or
318	318	demonstration of the performance standard for college readiness as
319	319	provided by Section 28.008 on the postsecondary readiness
320	320	assessment instruments adopted under Section 39.0238 for Algebra II
321	321	and English III [satisfaction of the Texas Success Initiative (TSI)
322	322	college readiness benchmarks prescribed by the coordinating board
323	323	under Section 51.3062(f) on any assessment instrument designated by
324	324	the coordinating board under Section 51.3062(c) or qualification
325	325	for an exemption as described by Section 51.3062(p), (q), or
326	326	(q-1)];
327	327	(iii) graduation in the top one-third of
328	328	the person's high school graduating class or graduation from high
329	329	school with a grade point average of at least 3.0 on a four-point
330	330	scale or the equivalent; or
331	331	(iv) completion for high school credit of
332	332	at least one advanced mathematics course following the successful
333	333	completion of an Algebra II course or at least one advanced career
334	334	and technical or technology applications course;
335	335	(B) have received an associate degree from a
336	336	public or private institution of higher education;
337	337	(C) be an undergraduate student who has:
338	338	(i) previously attended another
339	339	institution of higher education;
340	340	(ii) received an initial Texas Educational
341	341	Opportunity Grant under Subchapter P for the 2014 fall semester or a
342	342	subsequent academic term;
343	343	(iii) completed at least 24 semester credit
344	344	hours at any institution or institutions of higher education; and
345	345	(iv) earned an overall grade point average
346	346	of at least 2.5 on a four-point scale or the equivalent on all
347	347	course work previously attempted; or
348	348	(D) if sufficient money is available, meet the
349	349	eligibility criteria described by Section 56.304(a)(2)(A);
350	350	(3) meet financial need requirements established by
351	351	the coordinating board;
352	352	(4) be enrolled in an undergraduate degree or
353	353	certificate program at an eligible institution;
354	354	(5) except as provided under rules adopted under
355	355	Section 56.304(h), be enrolled as:
356	356	(A) an entering undergraduate student for at
357	357	least three-fourths of a full course load, as determined by the
358	358	coordinating board, not later than the 16th month after the
359	359	calendar month in which the person graduated from high school;
360	360	(B) an entering undergraduate student who
361	361	entered military service not later than the first anniversary of
362	362	the date the person graduated from high school and who enrolled for
363	363	at least three-fourths of a full course load, as determined by the
364	364	coordinating board, at the eligible institution not later than 12
365	365	months after being honorably discharged from military service;
366	366	(C) a continuing undergraduate student for at
367	367	least three-fourths of a full course load, as determined by the
368	368	coordinating board, not later than the 12th month after the
369	369	calendar month in which the person received an associate degree
370	370	from a public or private institution of higher education; or
371	371	(D) an undergraduate student described by
372	372	Subdivision (2)(C) who has never previously received a TEXAS grant;
373	373	(6) have applied for any available financial aid or
374	374	assistance; and
375	375	(7) comply with any additional nonacademic
376	376	requirements adopted by the coordinating board under this
377	377	subchapter.
378	378	SECTION 9. Section 315.004, Labor Code, is amended to read
379	379	as follows:
380	380	Sec. 315.004. ADULT EDUCATION ASSESSMENT. The commission
381	381	shall, in consultation with the Texas Higher Education Coordinating
382	382	Board and the Texas Education Agency, review the standardized
383	383	assessment mechanism required under Section 315.002(a)(7) and
384	384	recommend any changes necessary to [align the assessment with the
385	385	assessments designated under Section 51.3062, Education Code, to]
386	386	allow for the proper placement of a student in an adult basic
387	387	education course or to provide the student with the proper
388	388	[developmental or] English as a second language coursework, as
389	389	appropriate.
390	390	SECTION 10. The following provisions of the Education Code
391	391	are repealed:
392	392	(1) Section 39.0233(a);
393	393	(2) Section 39.025(a-1);
394	394	(3) Section 51.3062; and
395	395	(4) Section 61.07611.
396	396	SECTION 11. This Act applies beginning with the 2017 fall
397	397	semester.
398	398	SECTION 12. This Act takes effect immediately if it
399	399	receives a vote of two-thirds of all the members elected to each
400	400	house, as provided by Section 39, Article III, Texas Constitution.
401	401	If this Act does not receive the vote necessary for immediate
402	402	effect, this Act takes effect September 1, 2017.