Texas 2019 - 86th Regular

Texas House Bill HB3046 Compare Versions

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

Old	New	Differences
1	1	86R9825 CAE-D
2	2	By: Pacheco H.B. No. 3046
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to eliminating the requirement to use public school
8	8	assessment instruments as a criterion for promotion or graduation.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 18.005(c), Education Code, is amended to
11	11	read as follows:
12	12	(c) A Job Corps diploma program shall:
13	13	(1) develop educational programs specifically
14	14	designed for persons eligible for enrollment in a Job Corps
15	15	training program established by the United States Department of
16	16	Labor;
17	17	(2) coordinate educational programs and services in
18	18	the diploma program with programs and services provided by the
19	19	United States Department of Labor and other federal and state
20	20	agencies and local political subdivisions and by persons who
21	21	provide programs and services under contract with the United States
22	22	Department of Labor;
23	23	(3) provide a course of instruction that includes the
24	24	required curriculum under Subchapter A, Chapter 28; and
25	25	(4) [require that students enrolled in the diploma
26	26	program satisfy the requirements of Section 39.025 before receiving
27	27	a diploma under this chapter; and
28	28	[(5)] comply with a requirement imposed under this
29	29	title or a rule adopted under this title relating to the Public
30	30	Education Information Management System (PEIMS) to the extent
31	31	necessary to determine compliance with this chapter, as determined
32	32	by the commissioner.
33	33	SECTION 2. Section 19.0043(b), Education Code, is amended
34	34	to read as follows:
35	35	(b) A student may graduate and receive a diploma from a
36	36	Windham School District educational program if:
37	37	(1) the student successfully completes the curriculum
38	38	requirements identified by the State Board of Education under
39	39	Section 28.025(a) [and complies with Section 39.025]; or
40	40	(2) the student successfully completes the curriculum
41	41	requirements under Section 28.025(a) as modified by an
42	42	individualized education program developed under Section 29.005.
43	43	SECTION 3. Section 25.005(b), Education Code, is amended to
44	44	read as follows:
45	45	(b) A reciprocity agreement must:
46	46	(1) address procedures for:
47	47	(A) transferring student records; and
48	48	(B) awarding credit for completed course work;
49	49	and
50	50	[(C) permitting a student to satisfy the
51	51	requirements of Section 39.025 through successful performance on
52	52	comparable end-of-course or other exit-level assessment
53	53	instruments administered in another state; and]
54	54	(2) include appropriate criteria developed by the
55	55	agency.
56	56	SECTION 4. Section 28.021, Education Code, is amended by
57	57	adding Subsection (a-1) and amending Subsection (c) to read as
58	58	follows:
59	59	(a-1) A student demonstrates proficiency of the subject
60	60	matter of a course or grade level for purposes of promotion if the
61	61	student performs satisfactorily on an assessment instrument
62	62	administered for the subject matter of the course or grade level
63	63	regardless of whether the student received a passing score in the
64	64	subject matter of the course or grade level.
65	65	(c) In determining promotion under Subsection (a), a school
66	66	district shall consider:
67	67	(1) the recommendation of the student's teacher;
68	68	(2) the student's grade in each subject or course; and
69	69	(3) [the student's score on an assessment instrument
70	70	administered under Section 39.023(a), (b), or (l), to the extent
71	71	applicable; and
72	72	[(4)] any other necessary academic information, as
73	73	determined by the district.
74	74	SECTION 5. The heading to Section 28.0211, Education Code,
75	75	is amended to read as follows:
76	76	Sec. 28.0211. [SATISFACTORY PERFORMANCE ON ASSESSMENT
77	77	INSTRUMENTS REQUIRED;] ACCELERATED INSTRUCTION.
78	78	SECTION 6. Sections 28.0211(a-1), (c), (d), (i), and (k),
79	79	Education Code, are amended to read as follows:
80	80	(a-1) Each time a student fails to perform satisfactorily on
81	81	an assessment instrument administered under Section 39.023(a) [in
82	82	the third, fourth, fifth, sixth, seventh, or eighth grade], the
83	83	school district in which the student attends school shall provide
84	84	to the student accelerated instruction in the applicable subject
85	85	area. Accelerated instruction may require participation of the
86	86	student before or after normal school hours and may include
87	87	participation at times of the year outside normal school
88	88	operations.
89	89	(c) [Each time a student fails to perform satisfactorily on
90	90	an assessment instrument specified under Subsection (a), the school
91	91	district in which the student attends school shall provide to the
92	92	student accelerated instruction in the applicable subject area,
93	93	including reading instruction for a student who fails to perform
94	94	satisfactorily on a reading assessment instrument. After a student
95	95	fails to perform satisfactorily on an assessment instrument a
96	96	second time, a grade placement committee shall be established to
97	97	prescribe the accelerated instruction the district shall provide to
98	98	the student before the student is administered the assessment
99	99	instrument the third time. The grade placement committee shall be
100	100	composed of the principal or the principal's designee, the
101	101	student's parent or guardian, and the teacher of the subject of an
102	102	assessment instrument on which the student failed to perform
103	103	satisfactorily. The district shall notify the parent or guardian
104	104	of the time and place for convening the grade placement committee
105	105	and the purpose of the committee.] An accelerated instruction
106	106	group administered by a school district under this section may not
107	107	have a ratio of more than 10 students for each teacher.
108	108	(d) In addition to providing accelerated instruction to a
109	109	student under Subsection (a-1) [(c)], the district shall notify the
110	110	student's parent or guardian of:
111	111	(1) the student's failure to perform satisfactorily on
112	112	the assessment instrument; and
113	113	(2) the accelerated instruction program to which the
114	114	student is assigned[; and
115	115	[(3) the possibility that the student might be
116	116	retained at the same grade level for the next school year].
117	117	(i) The admission, review, and dismissal committee of a
118	118	student who participates in a district's special education program
119	119	under Subchapter A, Chapter 29, and who does not perform
120	120	satisfactorily on an assessment instrument [specified under
121	121	Subsection (a) and] administered under Section 39.023(a) or (b)
122	122	must meet before the student is administered the assessment
123	123	instrument for the second time. The committee shall determine[:
124	124	[(1)] the manner in which the student will participate
125	125	in an accelerated instruction program under this section[; and
126	126	[(2) whether the student will be promoted in
127	127	accordance with Subsection (i-1) or retained under this section].
128	128	(k) The commissioner shall adopt rules as necessary to
129	129	implement this section[, including rules concerning when school
130	130	districts shall administer assessment instruments required under
131	131	this section and which administration of the assessment instruments
132	132	will be used for purposes of Section 39.054].
133	133	SECTION 7. Section 28.025, Education Code, is amended by
134	134	amending Subsections (b-7), (c), and (e) and adding Subsection
135	135	(c-8) to read as follows:
136	136	(b-7) The State Board of Education, in coordination with the
137	137	Texas Higher Education Coordinating Board, shall adopt rules to
138	138	ensure that a student may comply with the curriculum requirements
139	139	under the foundation high school program or for an endorsement
140	140	under Subsection (c-1) by successfully completing appropriate
141	141	courses in the core curriculum of an institution of higher
142	142	education under Section 61.822. Notwithstanding Subsection (b-15)
143	143	or (c) [of this section, Section 39.025,] or any other provision of
144	144	this code and notwithstanding any school district policy, a student
145	145	who has completed the core curriculum of an institution of higher
146	146	education under Section 61.822, as certified by the institution in
147	147	accordance with commissioner rule, is considered to have earned a
148	148	distinguished level of achievement under the foundation high school
149	149	program and is entitled to receive a high school diploma from the
150	150	appropriate high school as that high school is determined in
151	151	accordance with commissioner rule. A student who is considered to
152	152	have earned a distinguished level of achievement under the
153	153	foundation high school program under this subsection may apply for
154	154	admission to an institution of higher education for the first
155	155	semester or other academic term after the semester or other
156	156	academic term in which the student completes the core curriculum.
157	157	(c) A person may receive a diploma if the person is eligible
158	158	for a diploma under Section 28.0251. In other cases, a student may
159	159	graduate and receive a diploma only if:
160	160	(1) the student successfully completes the curriculum
161	161	requirements identified by the State Board of Education under
162	162	Subsection (a) [and complies with Section 39.025]; or
163	163	(2) the student successfully completes an
164	164	individualized education program developed under Section 29.005.
165	165	(c-8) For purposes of Subsection (c)(1), a student
166	166	successfully completes curriculum requirements identified by the
167	167	State Board of Education if the student performs satisfactorily on
168	168	an end-of-course assessment instrument administered for the course
169	169	regardless of whether the student received a passing score in the
170	170	course.
171	171	(e) Each school district shall report the academic
172	172	achievement record of students who have completed the foundation
173	173	high school program on transcript forms adopted by the State Board
174	174	of Education. [The transcript forms adopted by the board must be
175	175	designed to clearly identify whether a student received a diploma
176	176	or a certificate of coursework completion.]
177	177	SECTION 8. Section 28.0255(g), Education Code, is amended
178	178	to read as follows:
179	179	(g) A student is entitled to a high school diploma if the
180	180	student[:
181	181	[(1)] successfully complies with the curriculum
182	182	requirements specified under Subsection (e)[; and
183	183	[(2) performs satisfactorily, as determined by the
184	184	commissioner under Subsection (h), on end-of-course assessment
185	185	instruments listed under Section 39.023(c) for courses in which the
186	186	student was enrolled].
187	187	SECTION 9. Section 29.081(b-1), Education Code, is amended
188	188	to read as follows:
189	189	(b-1) Each school district shall offer before the next
190	190	scheduled administration of the assessment instrument, without
191	191	cost to the student, additional accelerated instruction to each
192	192	student in any subject in which the student failed to perform
193	193	satisfactorily on an end-of-course assessment instrument listed in
194	194	Section 39.023(c) [required for graduation].
195	195	SECTION 10. Section 29.259(g), Education Code, is amended
196	196	to read as follows:
197	197	(g) A person who is at least 19 years of age and not more
198	198	than 50 years of age is eligible to enroll in the adult education
199	199	program under this section if the person has not earned a high
200	200	school equivalency certificate and:
201	201	(1) has failed to complete the curriculum requirements
202	202	for high school graduation; or
203	203	(2) has failed to perform satisfactorily on an
204	204	assessment instrument that, before the 2019-2020 school year, was
205	205	required for high school graduation.
206	206	SECTION 11. Section 29.402(c), Education Code, is amended
207	207	to read as follows:
208	208	(c) A public junior college under this section shall:
209	209	(1) design a dropout recovery curriculum that includes
210	210	career and technology education courses that lead to industry or
211	211	career certification;
212	212	(2) integrate into the dropout recovery curriculum
213	213	research-based strategies to assist students in becoming able
214	214	academically to pursue postsecondary education, including:
215	215	(A) high quality, college readiness instruction
216	216	with strong academic and social supports;
217	217	(B) secondary to postsecondary bridging that
218	218	builds college readiness skills, provides a plan for college
219	219	completion, and ensures transition counseling; and
220	220	(C) information concerning appropriate supports
221	221	available in the first year of postsecondary enrollment to ensure
222	222	postsecondary persistence and success, to the extent funds are
223	223	available for the purpose;
224	224	(3) offer advanced academic and transition
225	225	opportunities, including dual credit courses and college
226	226	preparatory courses, such as advanced placement courses; and
227	227	(4) coordinate with each partnering school district to
228	228	provide in the articulation agreement that the district retains
229	229	accountability for student attendance and[,] student completion of
230	230	high school course requirements[, and student performance on
231	231	assessment instruments] as necessary for the student to receive a
232	232	diploma from a high school of the partnering school district.
233	233	SECTION 12. Section 30.021(e), Education Code, is amended
234	234	to read as follows:
235	235	(e) The school shall cooperate with public and private
236	236	agencies and organizations serving students and other persons with
237	237	visual impairments in the planning, development, and
238	238	implementation of effective educational and rehabilitative service
239	239	delivery systems associated with educating students with visual
240	240	impairments. To maximize and make efficient use of state
241	241	facilities, funding, and resources, the services provided in this
242	242	area may include conducting a cooperative program with other
243	243	agencies to serve students who have graduated from high school by
244	244	completing all academic requirements applicable to students in
245	245	regular education[, excluding satisfactory performance under
246	246	Section 39.025,] who are younger than 22 years of age on September 1
247	247	of the school year and who have identified needs related to
248	248	vocational training, independent living skills, orientation and
249	249	mobility, social and leisure skills, compensatory skills, or
250	250	remedial academic skills.
251	251	SECTION 13. Section 30.104(b), Education Code, is amended
252	252	to read as follows:
253	253	(b) A student may graduate and receive a diploma from a
254	254	department educational program if:
255	255	(1) the student successfully completes the curriculum
256	256	requirements identified by the State Board of Education under
257	257	Section 28.025(a) [and complies with Section 39.025]; or
258	258	(2) the student successfully completes the curriculum
259	259	requirements under Section 28.025(a) as modified by an
260	260	individualized education program developed under Section 29.005.
261	261	SECTION 14. Section 32.258(b), Education Code, is amended
262	262	to read as follows:
263	263	(b) The system established under Subsection (a) shall
264	264	provide a means for a student or the student's parent or other
265	265	person standing in parental relation [relationship] to track the
266	266	student's progress on end-of-course assessment instruments
267	267	administered under Section 39.023(c) [instrument requirements for
268	268	graduation].
269	269	SECTION 15. Section 39.023(c-2), Education Code, is amended
270	270	to read as follows:
271	271	(c-2) The agency may adopt end-of-course assessment
272	272	instruments for courses not listed in Subsection (c). A student's
273	273	performance on an end-of-course assessment instrument adopted
274	274	under this subsection is not subject to any [the] performance
275	275	requirements [established under Subsection (c) or Section 39.025].
276	276	SECTION 16. The heading to Section 39.025, Education Code,
277	277	is amended to read as follows:
278	278	Sec. 39.025. USE OF END-OF-COURSE ASSESSMENT INSTRUMENT
279	279	[SECONDARY-LEVEL PERFORMANCE REQUIRED].
280	280	SECTION 17. Section 39.025(a), Education Code, is amended
281	281	to read as follows:
282	282	(a) The commissioner shall adopt rules requiring a student
283	283	in the foundation high school program under Section 28.025 to be
284	284	administered an end-of-course assessment instrument listed in
285	285	Section 39.023(c) only for a course in which the student is enrolled
286	286	and for which an end-of-course assessment instrument is
287	287	administered. Each student's performance on an end-of-course
288	288	assessment instrument shall be evaluated to determine whether the
289	289	[A] student achieved [is required to achieve] a scale score that
290	290	indicates satisfactory performance, as determined by the
291	291	commissioner under Section 39.0241(a)[, on each end-of-course
292	292	assessment instrument administered to the student]. The results of
293	293	the administration of an end-of-course assessment instrument
294	294	required under this subsection may not be used as criteria for
295	295	graduation. The results may be used only for the purpose of
296	296	diagnosing the academic strengths and deficiencies of a student and
297	297	guiding specific instruction to the student. [For each scale score
298	298	required under this subsection that is not based on a 100-point
299	299	scale scoring system, the commissioner shall provide for
300	300	conversion, in accordance with commissioner rule, of the scale
301	301	score to an equivalent score based on a 100-point scale scoring
302	302	system. A student may not receive a high school diploma until the
303	303	student has performed satisfactorily on end-of-course assessment
304	304	instruments in the manner provided under this subsection. This
305	305	subsection does not require a student to demonstrate readiness to
306	306	enroll in an institution of higher education.]
307	307	SECTION 18. Section 39.034(d), Education Code, is amended
308	308	to read as follows:
309	309	(d) The agency shall determine the necessary annual
310	310	improvement required each year for a student to be prepared to
311	311	perform satisfactorily on, as applicable:
312	312	(1) the grade five assessment instruments;
313	313	(2) the grade eight assessment instruments; and
314	314	(3) the end-of-course assessment instruments listed
315	315	in Section 39.023(c) [required under this subchapter for
316	316	graduation].
317	317	SECTION 19. Section 39.053(c), Education Code, as amended
318	318	by Chapters 807 (H.B. 22), 842 (H.B. 2223), and 1088 (H.B. 3593),
319	319	Acts of the 85th Legislature, Regular Session, 2017, is reenacted
320	320	and amended to read as follows:
321	321	(c) School districts and campuses must be evaluated based on
322	322	three domains of indicators of achievement adopted under this
323	323	section that include:
324	324	(1) in the student achievement domain, indicators of
325	325	student achievement that must include:
326	326	(A) for evaluating the performance of districts
327	327	and campuses generally:
328	328	(i) an indicator that accounts for the
329	329	results of assessment instruments required under Sections
330	330	39.023(a), (c), and (l), as applicable for the district and campus,
331	331	[including the results of assessment instruments required for
332	332	graduation retaken by a student,] aggregated across grade levels by
333	333	subject area, including:
334	334	(a) for the performance standard
335	335	determined by the commissioner under Section 39.0241(a), the
336	336	percentage of students who performed satisfactorily on the
337	337	assessment instruments, aggregated across grade levels by subject
338	338	area; and
339	339	(b) for the college readiness
340	340	performance standard as determined under Section 39.0241, the
341	341	percentage of students who performed satisfactorily on the
342	342	assessment instruments, aggregated across grade levels by subject
343	343	area; and
344	344	(ii) an indicator that accounts for the
345	345	results of assessment instruments required under Section
346	346	39.023(b), as applicable for the district and campus, including the
347	347	percentage of students who performed satisfactorily on the
348	348	assessment instruments, as determined by the performance standard
349	349	adopted by the agency, aggregated across grade levels by subject
350	350	area; and
351	351	(B) for evaluating the performance of high school
352	352	campuses and districts that include high school campuses,
353	353	indicators that account for:
354	354	(i) students who satisfy the Texas Success
355	355	Initiative (TSI) college readiness benchmarks prescribed by the
356	356	Texas Higher Education Coordinating Board under Section 51.334 on
357	357	an assessment instrument in reading or mathematics designated by
358	358	the coordinating board under that section;
359	359	(ii) students who satisfy relevant
360	360	performance standards on advanced placement tests or similar
361	361	assessments;
362	362	(iii) students who earn dual course credits
363	363	in the dual credit courses;
364	364	(iv) students who enlist in the armed
365	365	forces of the United States;
366	366	(v) students who earn industry
367	367	certifications;
368	368	(vi) students admitted into postsecondary
369	369	industry certification programs that require as a prerequisite for
370	370	entrance successful performance at the secondary level;
371	371	(vii) students whose successful completion
372	372	of a course or courses under Section 28.014 indicates the student's
373	373	preparation to enroll and succeed, without remediation, in an
374	374	entry-level general education course for a baccalaureate degree or
375	375	associate degree;
376	376	(viii) students who successfully met
377	377	standards on a composite of indicators that through research
378	378	indicates the student's preparation to enroll and succeed, without
379	379	remediation, in an entry-level general education course for a
380	380	baccalaureate degree or associate degree;
381	381	(ix) high school graduation rates, computed
382	382	in accordance with standards and definitions adopted in compliance
383	383	with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.)
384	384	subject to the exclusions provided by Subsections (g), (g-1),
385	385	(g-2), and (g-3);
386	386	(x) students who successfully completed an
387	387	OnRamps dual enrollment course; [and]
388	388	(xi) [the percentage of] students who
389	389	successfully completed a practicum or internship approved by the
390	390	State Board of Education; and
391	391	(xii) students who are awarded an associate
392	392	[associate's] degree;
393	393	(2) in the school progress domain, indicators for
394	394	effectiveness in promoting student learning, which must include:
395	395	(A) for assessment instruments, including
396	396	assessment instruments under Subdivisions (1)(A)(i) and (ii), the
397	397	percentage of students who met the standard for improvement, as
398	398	determined by the commissioner; and
399	399	(B) for evaluating relative performance, the
400	400	performance of districts and campuses compared to similar districts
401	401	or campuses; and
402	402	(3) in the closing the gaps domain, the use of
403	403	disaggregated data to demonstrate the differentials among students
404	404	from different racial and ethnic groups, socioeconomic
405	405	backgrounds, and other factors, including:
406	406	(A) students formerly receiving special
407	407	education services;
408	408	(B) students continuously enrolled; and
409	409	(C) students who are mobile.
410	410	SECTION 20. Section 39.301(c), Education Code, is amended
411	411	to read as follows:
412	412	(c) Indicators for reporting purposes must include:
413	413	(1) the percentage of graduating students who meet the
414	414	course requirements established by State Board of Education rule
415	415	for:
416	416	(A) the foundation high school program;
417	417	(B) the distinguished level of achievement under
418	418	the foundation high school program; and
419	419	(C) each endorsement described by Section
420	420	28.025(c-1);
421	421	(2) the results of the SAT, ACT, and certified
422	422	workforce training programs described by Chapter 311, Labor Code;
423	423	(3) for students who have failed to perform
424	424	satisfactorily, under each performance standard under Section
425	425	39.0241, on an assessment instrument [required] under Section
426	426	39.023(a) or (c), the performance of those students on subsequent
427	427	assessment instruments [required] under those sections, aggregated
428	428	by grade level and subject area;
429	429	(4) for each campus, the number of students,
430	430	disaggregated by major student subpopulations, that take courses
431	431	under the foundation high school program and take additional
432	432	courses to earn an endorsement under Section 28.025(c-1),
433	433	disaggregated by type of endorsement;
434	434	(5) the percentage of students, aggregated by grade
435	435	level, provided accelerated instruction under Section 28.0211
436	436	[28.0211(c), the results of assessment instruments administered
437	437	under that section, the percentage of students promoted through the
438	438	grade placement committee process under Section 28.0211], the
439	439	subject of the assessment instrument on which each student failed
440	440	to perform satisfactorily under each performance standard under
441	441	Section 39.0241, and the performance of those students in the
442	442	following school year [following that promotion] on the assessment
443	443	instruments [required] under Section 39.023;
444	444	(6) the percentage of students of limited English
445	445	proficiency exempted from the administration of an assessment
446	446	instrument under Sections 39.027(a)(1) and (2);
447	447	(7) the percentage of students in a special education
448	448	program under Subchapter A, Chapter 29, assessed through assessment
449	449	instruments developed or adopted under Section 39.023(b);
450	450	(8) the percentage of students who satisfy the college
451	451	readiness measure;
452	452	(9) the measure of progress toward dual language
453	453	proficiency under Section 39.034(b), for students of limited
454	454	English proficiency, as defined by Section 29.052;
455	455	(10) the percentage of students who are not
456	456	educationally disadvantaged;
457	457	(11) the percentage of students who enroll and begin
458	458	instruction at an institution of higher education in the school
459	459	year following high school graduation; and
460	460	(12) the percentage of students who successfully
461	461	complete the first year of instruction at an institution of higher
462	462	education without needing a developmental education course.
463	463	SECTION 21. Effective September 1, 2019, the following
464	464	provisions of the Education Code are repealed:
465	465	(1) Section 19.0043(c);
466	466	(2) Sections 28.0211(a), (a-2), (b), (e), (f), (g),
467	467	(i-1), (i-2), (n), (o), and (p);
468	468	(3) Section 28.025(d);
469	469	(4) Section 28.0255(h);
470	470	(5) Section 30.104(c);
471	471	(6) Sections 39.025(a-1), (a-4), (b), (c), (c-1),
472	472	(c-2), (d), (e), (f), (f-1), (f-2), and (g); and
473	473	(7) Section 39.025(a-2), as added by Chapter 1036
474	474	(H.B. 1613), Acts of the 84th Legislature, Regular Session, 2015.
475	475	SECTION 22. To the extent of any conflict, this Act prevails
476	476	over another Act of the 86th Legislature, Regular Session, 2019,
477	477	relating to nonsubstantive additions to and corrections in enacted
478	478	codes.
479	479	SECTION 23. This Act applies beginning with the 2019-2020
480	480	school year.
481	481	SECTION 24. Except as otherwise provided by this Act, this
482	482	Act takes effect immediately if it receives a vote of two-thirds of
483	483	all the members elected to each house, as provided by Section 39,
484	484	Article III, Texas Constitution. If this Act does not receive the
485	485	vote necessary for immediate effect, this Act takes effect
486	486	September 1, 2019.