S.B. No. 463
AN ACT
relating to the use of individual graduation committees to satisfy
certain public high school graduation requirements and other
alternative methods to satisfy certain public high school
graduation requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.104, Education Code, is amended by
amending Subsection (b-2) and adding Subsection (b-3) to read as
follows:
(b-2) An open-enrollment charter school is subject to the
requirement to establish an individual graduation committee under
Section 28.0258. This subsection expires September 1, 2019 [2017].
(b-3) An open-enrollment charter school is subject to the
graduation qualification procedure established by the commissioner
under Section 28.02541. This subsection expires September 1, 2019.
SECTION 2. Section 28.025(c-6), Education Code, is amended
to read as follows:
(c-6) Notwithstanding Subsection (c), a person may receive
a diploma if the person is eligible for a diploma under Section
28.0258. This subsection expires September 1, 2019 [2017].
SECTION 3. Subchapter B, Chapter 28, Education Code, is
amended by adding Section 28.02541 to read as follows:
Sec. 28.02541. DIPLOMA FOR CERTAIN STUDENTS WHO ENTERED
NINTH GRADE BEFORE 2011-2012 SCHOOL YEAR. (a) This section
applies only to a student who:
(1) entered the ninth grade before the 2011-2012
school year;
(2) successfully completed the curriculum
requirements for high school graduation applicable to the student
when the student entered the ninth grade;
(3) has not performed satisfactorily on an assessment
instrument or a part of an assessment instrument required for high
school graduation, including an alternate assessment instrument
offered under Section 39.025(c-1); and
(4) has been administered the assessment instrument or
the part of the assessment instrument for which the student has not
performed satisfactorily at least three times.
(b) Notwithstanding the requirements under this subchapter,
the commissioner by rule shall establish a procedure to determine
whether a student subject to this section may qualify to graduate
and receive a high school diploma as provided by this section.
(c) In adopting rules under this section, the commissioner:
(1) shall designate the school district in which a
student is enrolled or was last enrolled to make the decision
regarding whether the student qualifies to graduate and receive a
high school diploma; and
(2) shall establish criteria for school districts to
develop recommendations for alternative requirements by which a
student subject to this section may qualify to graduate and receive
a high school diploma.
(d) In adopting rules under Subsection (c)(2), the
commissioner may authorize as an alternative requirement:
(1) an alternative assessment instrument and
performance standard for that assessment instrument;
(2) work experience; or
(3) military or other relevant life experience.
(e) A school district's decision regarding whether the
student qualifies to graduate and receive a high school diploma is
final and may not be appealed.
(f) The commissioner shall adopt rules to administer this
section.
(g) This section expires September 1, 2019.
SECTION 4. Effective September 1, 2018, Section 28.0258(e),
Education Code, is amended to read as follows:
(e) To be eligible to graduate and receive a high school
diploma under this section, a student must successfully complete
the curriculum requirements required for high school graduation[:
[(1)] identified by the State Board of Education under
Section 28.025(a)[; or
[(2) as otherwise provided by the transition plan
adopted by the commissioner under Section 28.025(h)].
SECTION 5. Section 28.0258(l), Education Code, is amended
to read as follows:
(l) This section expires September 1, 2019 [2017].
SECTION 6. The heading to Section 28.0259, Education Code,
is amended to read as follows:
Sec. 28.0259. SCHOOL DISTRICT REPORTING REQUIREMENTS FOR
STUDENTS GRADUATING BASED ON INDIVIDUAL GRADUATION COMMITTEE
REVIEW PROCESS.
SECTION 7. Section 28.0259(e), Education Code, is amended
to read as follows:
(e) This section expires September 1, 2019 [2018].
SECTION 8. Subchapter B, Chapter 28, Education Code, is
amended by adding Section 28.02591 to read as follows:
Sec. 28.02591. TEXAS HIGHER EDUCATION COORDINATING BOARD
REPORTING REQUIREMENTS FOR STUDENTS GRADUATING BASED ON INDIVIDUAL
GRADUATION COMMITTEE REVIEW PROCESS. (a) The Texas Higher
Education Coordinating Board, in coordination with the agency,
shall collect longitudinal data relating to the post-graduation
pursuits of each student who is awarded a diploma based on the
determination of an individual graduation committee under Section
28.0258, as that section existed before September 1, 2019,
including whether the student:
(1) enters the workforce;
(2) enrolls in an associate degree or certificate
program at a public or private institution of higher education;
(3) enrolls in a bachelor's degree program at a public
or private institution of higher education; or
(4) enlists in the armed forces of the United States or
the Texas National Guard.
(b) Not later than December 1 of each even-numbered year,
the Texas Higher Education Coordinating Board shall provide a
report to the legislature that includes a summary compilation of
the data collected under Subsection (a) that is presented in a
manner that does not identify an individual student.
(c) The Texas Higher Education Coordinating Board and the
agency shall adopt rules as necessary to implement this section.
SECTION 9. Section 39.025(a-2), Education Code, as added by
Chapter 5 (S.B. 149), Acts of the 84th Legislature, Regular
Session, 2015, is amended to read as follows:
(a-2) Notwithstanding Subsection (a), a student who has
failed to perform satisfactorily on end-of-course assessment
instruments in the manner provided under this section may receive a
high school diploma if the student has qualified for graduation
under Section 28.0258. This subsection expires September 1, 2019
[2017].
SECTION 10. Section 39.025(a-3), Education Code, is amended
to read as follows:
(a-3) A student who, after retaking an end-of-course
assessment instrument for Algebra I or English II, has failed to
perform satisfactorily as required by Subsection (a), but who
receives a score of proficient on the Texas Success Initiative
(TSI) diagnostic assessment for the corresponding subject for which
the student failed to perform satisfactorily on the end-of-course
assessment instrument satisfies the requirement concerning the
Algebra I or English II end-of-course assessment, as applicable.
This subsection expires September 1, 2019 [2017].
SECTION 11. Effective September 1, 2019, Section 39.025,
Education Code, is amended by amending Subsection (c-1) and adding
Subsection (c-2) to read as follows:
(c-1) A school district may not administer an assessment
instrument required for graduation administered under this section
as this section existed:
(1) before September 1, 1999; or
(2) before amendment by Chapter 1312 (S.B. 1031), Acts
of the 80th Legislature, Regular Session, 2007.
(c-2) A school district may administer to a student who
failed to perform satisfactorily on an assessment instrument
described by Subsection (c-1) [this subsection] an alternate
assessment instrument designated by the commissioner. The
commissioner shall determine the level of performance considered to
be satisfactory on an alternate assessment instrument. The
district may not administer to the student an assessment instrument
or a part of an assessment instrument that assesses a subject that
was not assessed in an assessment instrument applicable to the
student described by Subsection (c-1) [required for graduation
administered under this section as this section existed before
September 1, 1999]. The commissioner shall make available to
districts information necessary to administer the alternate
assessment instrument authorized by this subsection. The
commissioner's determination regarding designation of an
appropriate alternate assessment instrument under this subsection
and the performance required on the assessment instrument is final
and may not be appealed.
SECTION 12. Except as otherwise provided by this Act, 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 hereby certify that S.B. No. 463 passed the Senate on
May 1, 2017, by the following vote: Yeas 28, Nays 3; May 26, 2017,
Senate refused to concur in House amendments and requested
appointment of Conference Committee; May 26, 2017, House granted
request of the Senate; May 28, 2017, Senate adopted Conference
Committee Report by the following vote: Yeas 29, Nays 2.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 463 passed the House, with
amendments, on May 23, 2017, by the following vote: Yeas 141,
Nays 2, one present not voting; May 26, 2017, House granted request
of the Senate for appointment of Conference Committee;
May 28, 2017, House adopted Conference Committee Report by the
following vote: Yeas 145, Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor