85R1122 KJE-D
By: White H.B. No. 417
A BILL TO BE ENTITLED
AN ACT
relating to the repeal of the Texas Success Initiative.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 or [,] a college entrance
examination[, or an assessment instrument designated under Section
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. Section 28.0258(h), Education Code, is amended
to read as follows:
(h) In determining whether a student for whom an individual
graduation committee is established is qualified to graduate, the
committee shall consider:
(1) the recommendation of the student's teacher in
each course for which the student failed to perform satisfactorily
on an end-of-course assessment instrument;
(2) the student's grade in each course for which the
student failed to perform satisfactorily on an end-of-course
assessment instrument;
(3) the student's score on each end-of-course
assessment instrument on which the student failed to perform
satisfactorily;
(4) the student's performance on any additional
requirements recommended by the committee under Subsection (f);
(5) the number of hours of remediation that the
student has attended, including:
(A) attendance in a college preparatory course
required under Section 39.025(b-2), if applicable; or
(B) attendance in and successful completion of a
transitional college course in reading or mathematics;
(6) the student's school attendance rate;
(7) [the student's satisfaction of any of the Texas
Success Initiative (TSI) college readiness benchmarks prescribed
by the Texas Higher Education Coordinating Board;
[(8)] the student's successful completion of a dual
credit course in English, mathematics, science, or social studies;
(8) [(9)] the student's successful completion of a
high school pre-advanced placement, advanced placement, or
international baccalaureate program course in English,
mathematics, science, or social studies;
(9) [(10)] the student's rating of advanced high on
the most recent high school administration of the Texas English
Language Proficiency Assessment System;
(10) [(11)] the student's score of 50 or greater on a
College-Level Examination Program examination;
(11) [(12)] the student's score on the ACT, the SAT, or
the Armed Services Vocational Aptitude Battery test;
(12) [(13)] the student's completion of a sequence of
courses under a career and technical education program required to
attain an industry-recognized credential or certificate;
(13) [(14)] the student's overall preparedness for
postsecondary success; and
(14) [(15)] any other academic information designated
for consideration by the board of trustees of the school district.
SECTION 3. 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 51.3062(p) or (q)
from administration of an assessment instrument under Section
51.3062 or have performed successfully on an assessment instrument
under Section 51.3062;
[(E)] graduate from high school;
(E) [(F)] graduate from an institution of higher
education; and
(F) [(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 4. Section 39.0233(b), Education Code, is amended
to read as follows:
(b) The [In addition to the questions adopted under
Subsection (a), the] agency 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 identifying
students who are likely to succeed in an advanced high school
course. A school district shall notify a student who performs at a
high level on the questions adopted under this subsection and the
student's parent or guardian of the student's performance and
potential to succeed in an advanced high school course. A school
district may not require a student to perform at a particular level
on the questions adopted under this subsection in order to be
eligible to enroll in an advanced high school course.
SECTION 5. 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 51.3062(f) on an assessment instrument in
reading, writing, or mathematics designated by the Texas Higher
Education Coordinating Board under 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);
(vii) [(viii)] the percentage of students
who have completed an advanced placement course;
(viii) [(ix)] the percentage of students
who enlist in the armed forces of the United States; and
(ix) [(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 51.3062(f) on an
assessment instrument designated by the Texas Higher Education
Coordinating Board under Section 51.3062(c); or
[(2)] performs satisfactorily on an assessment
instrument under Section 39.023(c), notwithstanding Subsection
(d).
SECTION 6. 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) [Section 51.3062;
[(E)] Section 51.402;
(E) [(F)] Section 56.039;
(F) [(G)] Section 61.051(k);
(G) [(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 7. 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
Section 51.3062 or] under the former provisions of Section 51.306
or 51.3062.
SECTION 8. 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) achievement of a score set by the
coordinating board on the Scholastic Assessment Test (SAT) or the
American College Test (ACT), achievement of scores set by the
coordinating board on the questions developed for end-of-course
assessment instruments under former Section 39.0233(a), or
demonstration of 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 [satisfaction of the Texas Success Initiative (TSI)
college readiness benchmarks prescribed by the coordinating board
under Section 51.3062(f) on any assessment instrument designated by
the coordinating board under Section 51.3062(c) or qualification
for an exemption as described by Section 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 9. 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 51.3062, 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.
SECTION 10. The following provisions of the Education Code
are repealed:
(1) Section 39.0233(a);
(2) Section 39.025(a-1);
(3) Section 51.3062; and
(4) Section 61.07611.
SECTION 11. This Act applies beginning with the 2017 fall
semester.
SECTION 12. 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.