86R9825 CAE-D
By: Pacheco H.B. No. 3046
A BILL TO BE ENTITLED
AN ACT
relating to eliminating the requirement to use public school
assessment instruments as a criterion for promotion or graduation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 18.005(c), Education Code, is amended to
read as follows:
(c) A Job Corps diploma program shall:
(1) develop educational programs specifically
designed for persons eligible for enrollment in a Job Corps
training program established by the United States Department of
Labor;
(2) coordinate educational programs and services in
the diploma program with programs and services provided by the
United States Department of Labor and other federal and state
agencies and local political subdivisions and by persons who
provide programs and services under contract with the United States
Department of Labor;
(3) provide a course of instruction that includes the
required curriculum under Subchapter A, Chapter 28; and
(4) [require that students enrolled in the diploma
program satisfy the requirements of Section 39.025 before receiving
a diploma under this chapter; and
[(5)] comply with a requirement imposed under this
title or a rule adopted under this title relating to the Public
Education Information Management System (PEIMS) to the extent
necessary to determine compliance with this chapter, as determined
by the commissioner.
SECTION 2. Section 19.0043(b), Education Code, is amended
to read as follows:
(b) A student may graduate and receive a diploma from a
Windham School District educational program if:
(1) the student successfully completes the curriculum
requirements identified by the State Board of Education under
Section 28.025(a) [and complies with Section 39.025]; or
(2) the student successfully completes the curriculum
requirements under Section 28.025(a) as modified by an
individualized education program developed under Section 29.005.
SECTION 3. Section 25.005(b), Education Code, is amended to
read as follows:
(b) A reciprocity agreement must:
(1) address procedures for:
(A) transferring student records; and
(B) awarding credit for completed course work;
and
[(C) permitting a student to satisfy the
requirements of Section 39.025 through successful performance on
comparable end-of-course or other exit-level assessment
instruments administered in another state; and]
(2) include appropriate criteria developed by the
agency.
SECTION 4. Section 28.021, Education Code, is amended by
adding Subsection (a-1) and amending Subsection (c) to read as
follows:
(a-1) A student demonstrates proficiency of the subject
matter of a course or grade level for purposes of promotion if the
student performs satisfactorily on an assessment instrument
administered for the subject matter of the course or grade level
regardless of whether the student received a passing score in the
subject matter of the course or grade level.
(c) In determining promotion under Subsection (a), a school
district shall consider:
(1) the recommendation of the student's teacher;
(2) the student's grade in each subject or course; and
(3) [the student's score on an assessment instrument
administered under Section 39.023(a), (b), or (l), to the extent
applicable; and
[(4)] any other necessary academic information, as
determined by the district.
SECTION 5. The heading to Section 28.0211, Education Code,
is amended to read as follows:
Sec. 28.0211. [SATISFACTORY PERFORMANCE ON ASSESSMENT
INSTRUMENTS REQUIRED;] ACCELERATED INSTRUCTION.
SECTION 6. Sections 28.0211(a-1), (c), (d), (i), and (k),
Education Code, are amended to read as follows:
(a-1) Each time a student fails to perform satisfactorily on
an assessment instrument administered under Section 39.023(a) [in
the third, fourth, fifth, sixth, seventh, or eighth grade], the
school district in which the student attends school shall provide
to the student accelerated instruction in the applicable subject
area. Accelerated instruction may require participation of the
student before or after normal school hours and may include
participation at times of the year outside normal school
operations.
(c) [Each time a student fails to perform satisfactorily on
an assessment instrument specified under Subsection (a), the school
district in which the student attends school shall provide to the
student accelerated instruction in the applicable subject area,
including reading instruction for a student who fails to perform
satisfactorily on a reading assessment instrument. After a student
fails to perform satisfactorily on an assessment instrument a
second time, a grade placement committee shall be established to
prescribe the accelerated instruction the district shall provide to
the student before the student is administered the assessment
instrument the third time. The grade placement committee shall be
composed of the principal or the principal's designee, the
student's parent or guardian, and the teacher of the subject of an
assessment instrument on which the student failed to perform
satisfactorily. The district shall notify the parent or guardian
of the time and place for convening the grade placement committee
and the purpose of the committee.] An accelerated instruction
group administered by a school district under this section may not
have a ratio of more than 10 students for each teacher.
(d) In addition to providing accelerated instruction to a
student under Subsection (a-1) [(c)], the district shall notify the
student's parent or guardian of:
(1) the student's failure to perform satisfactorily on
the assessment instrument; and
(2) the accelerated instruction program to which the
student is assigned[; and
[(3) the possibility that the student might be
retained at the same grade level for the next school year].
(i) The admission, review, and dismissal committee of a
student who participates in a district's special education program
under Subchapter A, Chapter 29, and who does not perform
satisfactorily on an assessment instrument [specified under
Subsection (a) and] administered under Section 39.023(a) or (b)
must meet before the student is administered the assessment
instrument for the second time. The committee shall determine[:
[(1)] the manner in which the student will participate
in an accelerated instruction program under this section[; and
[(2) whether the student will be promoted in
accordance with Subsection (i-1) or retained under this section].
(k) The commissioner shall adopt rules as necessary to
implement this section[, including rules concerning when school
districts shall administer assessment instruments required under
this section and which administration of the assessment instruments
will be used for purposes of Section 39.054].
SECTION 7. Section 28.025, Education Code, is amended by
amending Subsections (b-7), (c), and (e) and adding Subsection
(c-8) to read as follows:
(b-7) The State Board of Education, in coordination with the
Texas Higher Education Coordinating Board, shall adopt rules to
ensure that a student may comply with the curriculum requirements
under the foundation high school program or for an endorsement
under Subsection (c-1) by successfully completing appropriate
courses in the core curriculum of an institution of higher
education under Section 61.822. Notwithstanding Subsection (b-15)
or (c) [of this section, Section 39.025,] or any other provision of
this code and notwithstanding any school district policy, a student
who has completed the core curriculum of an institution of higher
education under Section 61.822, as certified by the institution in
accordance with commissioner rule, is considered to have earned a
distinguished level of achievement under the foundation high school
program and is entitled to receive a high school diploma from the
appropriate high school as that high school is determined in
accordance with commissioner rule. A student who is considered to
have earned a distinguished level of achievement under the
foundation high school program under this subsection may apply for
admission to an institution of higher education for the first
semester or other academic term after the semester or other
academic term in which the student completes the core curriculum.
(c) A person may receive a diploma if the person is eligible
for a diploma under Section 28.0251. In other cases, a student may
graduate and receive a diploma only if:
(1) the student successfully completes the curriculum
requirements identified by the State Board of Education under
Subsection (a) [and complies with Section 39.025]; or
(2) the student successfully completes an
individualized education program developed under Section 29.005.
(c-8) For purposes of Subsection (c)(1), a student
successfully completes curriculum requirements identified by the
State Board of Education if the student performs satisfactorily on
an end-of-course assessment instrument administered for the course
regardless of whether the student received a passing score in the
course.
(e) Each school district shall report the academic
achievement record of students who have completed the foundation
high school program on transcript forms adopted by the State Board
of Education. [The transcript forms adopted by the board must be
designed to clearly identify whether a student received a diploma
or a certificate of coursework completion.]
SECTION 8. Section 28.0255(g), Education Code, is amended
to read as follows:
(g) A student is entitled to a high school diploma if the
student[:
[(1)] successfully complies with the curriculum
requirements specified under Subsection (e)[; and
[(2) performs satisfactorily, as determined by the
commissioner under Subsection (h), on end-of-course assessment
instruments listed under Section 39.023(c) for courses in which the
student was enrolled].
SECTION 9. Section 29.081(b-1), Education Code, is amended
to read as follows:
(b-1) Each school district shall offer before the next
scheduled administration of the assessment instrument, without
cost to the student, additional accelerated instruction to each
student in any subject in which the student failed to perform
satisfactorily on an end-of-course assessment instrument listed in
Section 39.023(c) [required for graduation].
SECTION 10. Section 29.259(g), Education Code, is amended
to read as follows:
(g) A person who is at least 19 years of age and not more
than 50 years of age is eligible to enroll in the adult education
program under this section if the person has not earned a high
school equivalency certificate and:
(1) has failed to complete the curriculum requirements
for high school graduation; or
(2) has failed to perform satisfactorily on an
assessment instrument that, before the 2019-2020 school year, was
required for high school graduation.
SECTION 11. Section 29.402(c), Education Code, is amended
to read as follows:
(c) A public junior college under this section shall:
(1) design a dropout recovery curriculum that includes
career and technology education courses that lead to industry or
career certification;
(2) integrate into the dropout recovery curriculum
research-based strategies to assist students in becoming able
academically to pursue postsecondary education, including:
(A) high quality, college readiness instruction
with strong academic and social supports;
(B) secondary to postsecondary bridging that
builds college readiness skills, provides a plan for college
completion, and ensures transition counseling; and
(C) information concerning appropriate supports
available in the first year of postsecondary enrollment to ensure
postsecondary persistence and success, to the extent funds are
available for the purpose;
(3) offer advanced academic and transition
opportunities, including dual credit courses and college
preparatory courses, such as advanced placement courses; and
(4) coordinate with each partnering school district to
provide in the articulation agreement that the district retains
accountability for student attendance and[,] student completion of
high school course requirements[, and student performance on
assessment instruments] as necessary for the student to receive a
diploma from a high school of the partnering school district.
SECTION 12. Section 30.021(e), Education Code, is amended
to read as follows:
(e) The school shall cooperate with public and private
agencies and organizations serving students and other persons with
visual impairments in the planning, development, and
implementation of effective educational and rehabilitative service
delivery systems associated with educating students with visual
impairments. To maximize and make efficient use of state
facilities, funding, and resources, the services provided in this
area may include conducting a cooperative program with other
agencies to serve students who have graduated from high school by
completing all academic requirements applicable to students in
regular education[, excluding satisfactory performance under
Section 39.025,] who are younger than 22 years of age on September 1
of the school year and who have identified needs related to
vocational training, independent living skills, orientation and
mobility, social and leisure skills, compensatory skills, or
remedial academic skills.
SECTION 13. Section 30.104(b), Education Code, is amended
to read as follows:
(b) A student may graduate and receive a diploma from a
department educational program if:
(1) the student successfully completes the curriculum
requirements identified by the State Board of Education under
Section 28.025(a) [and complies with Section 39.025]; or
(2) the student successfully completes the curriculum
requirements under Section 28.025(a) as modified by an
individualized education program developed under Section 29.005.
SECTION 14. Section 32.258(b), Education Code, is amended
to read as follows:
(b) The system established under Subsection (a) shall
provide a means for a student or the student's parent or other
person standing in parental relation [relationship] to track the
student's progress on end-of-course assessment instruments
administered under Section 39.023(c) [instrument requirements for
graduation].
SECTION 15. Section 39.023(c-2), Education Code, is amended
to read as follows:
(c-2) The agency may adopt end-of-course assessment
instruments for courses not listed in Subsection (c). A student's
performance on an end-of-course assessment instrument adopted
under this subsection is not subject to any [the] performance
requirements [established under Subsection (c) or Section 39.025].
SECTION 16. The heading to Section 39.025, Education Code,
is amended to read as follows:
Sec. 39.025. USE OF END-OF-COURSE ASSESSMENT INSTRUMENT
[SECONDARY-LEVEL PERFORMANCE REQUIRED].
SECTION 17. Section 39.025(a), Education Code, is amended
to read as follows:
(a) The commissioner shall adopt rules requiring a student
in the foundation high school program under Section 28.025 to be
administered an end-of-course assessment instrument listed in
Section 39.023(c) only for a course in which the student is enrolled
and for which an end-of-course assessment instrument is
administered. Each student's performance on an end-of-course
assessment instrument shall be evaluated to determine whether the
[A] student achieved [is required to achieve] a scale score that
indicates satisfactory performance, as determined by the
commissioner under Section 39.0241(a)[, on each end-of-course
assessment instrument administered to the student]. The results of
the administration of an end-of-course assessment instrument
required under this subsection may not be used as criteria for
graduation. The results may be used only for the purpose of
diagnosing the academic strengths and deficiencies of a student and
guiding specific instruction to the student. [For each scale score
required under this subsection that is not based on a 100-point
scale scoring system, the commissioner shall provide for
conversion, in accordance with commissioner rule, of the scale
score to an equivalent score based on a 100-point scale scoring
system. A student may not receive a high school diploma until the
student has performed satisfactorily on end-of-course assessment
instruments in the manner provided under this subsection. This
subsection does not require a student to demonstrate readiness to
enroll in an institution of higher education.]
SECTION 18. Section 39.034(d), Education Code, is amended
to read as follows:
(d) The agency shall determine the necessary annual
improvement required each year for a student to be prepared to
perform satisfactorily on, as applicable:
(1) the grade five assessment instruments;
(2) the grade eight assessment instruments; and
(3) the end-of-course assessment instruments listed
in Section 39.023(c) [required under this subchapter for
graduation].
SECTION 19. Section 39.053(c), Education Code, as amended
by Chapters 807 (H.B. 22), 842 (H.B. 2223), and 1088 (H.B. 3593),
Acts of the 85th Legislature, Regular Session, 2017, is reenacted
and amended to read as follows:
(c) School districts and campuses must be evaluated based on
three domains of indicators of achievement adopted under this
section that include:
(1) in the student achievement domain, indicators of
student achievement that must include:
(A) for evaluating the performance of districts
and campuses generally:
(i) an indicator that accounts for the
results of assessment instruments required under Sections
39.023(a), (c), and (l), as applicable for the district and campus,
[including the results of assessment instruments required for
graduation retaken by a student,] aggregated across grade levels by
subject area, including:
(a) 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
(b) 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
(ii) an indicator that accounts for the
results of assessment instruments required under Section
39.023(b), as applicable for the district and campus, 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; and
(B) for evaluating the performance of high school
campuses and districts that include high school campuses,
indicators that account for:
(i) students who satisfy the Texas Success
Initiative (TSI) college readiness benchmarks prescribed by the
Texas Higher Education Coordinating Board under Section 51.334 on
an assessment instrument in reading or mathematics designated by
the coordinating board under that section;
(ii) students who satisfy relevant
performance standards on advanced placement tests or similar
assessments;
(iii) students who earn dual course credits
in the dual credit courses;
(iv) students who enlist in the armed
forces of the United States;
(v) students who earn industry
certifications;
(vi) students admitted into postsecondary
industry certification programs that require as a prerequisite for
entrance successful performance at the secondary level;
(vii) students whose successful completion
of a course or courses under Section 28.014 indicates the student's
preparation to enroll and succeed, without remediation, in an
entry-level general education course for a baccalaureate degree or
associate degree;
(viii) students who successfully met
standards on a composite of indicators that through research
indicates the student's preparation to enroll and succeed, without
remediation, in an entry-level general education course for a
baccalaureate degree or associate degree;
(ix) high school graduation rates, computed
in accordance with standards and definitions adopted in compliance
with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.)
subject to the exclusions provided by Subsections (g), (g-1),
(g-2), and (g-3);
(x) students who successfully completed an
OnRamps dual enrollment course; [and]
(xi) [the percentage of] students who
successfully completed a practicum or internship approved by the
State Board of Education; and
(xii) students who are awarded an associate
[associate's] degree;
(2) in the school progress domain, indicators for
effectiveness in promoting student learning, which must include:
(A) for assessment instruments, including
assessment instruments under Subdivisions (1)(A)(i) and (ii), the
percentage of students who met the standard for improvement, as
determined by the commissioner; and
(B) for evaluating relative performance, the
performance of districts and campuses compared to similar districts
or campuses; and
(3) in the closing the gaps domain, the use of
disaggregated data to demonstrate the differentials among students
from different racial and ethnic groups, socioeconomic
backgrounds, and other factors, including:
(A) students formerly receiving special
education services;
(B) students continuously enrolled; and
(C) students who are mobile.
SECTION 20. Section 39.301(c), Education Code, is amended
to read as follows:
(c) Indicators for reporting purposes must include:
(1) the percentage of graduating students who meet the
course requirements established by State Board of Education rule
for:
(A) the foundation high school program;
(B) the distinguished level of achievement under
the foundation high school program; and
(C) each endorsement described by Section
28.025(c-1);
(2) the results of the SAT, ACT, and certified
workforce training programs described by Chapter 311, Labor Code;
(3) for students who have failed to perform
satisfactorily, under each performance standard under Section
39.0241, on an assessment instrument [required] under Section
39.023(a) or (c), the performance of those students on subsequent
assessment instruments [required] under those sections, aggregated
by grade level and subject area;
(4) for each campus, the number of students,
disaggregated by major student subpopulations, that take courses
under the foundation high school program and take additional
courses to earn an endorsement under Section 28.025(c-1),
disaggregated by type of endorsement;
(5) the percentage of students, aggregated by grade
level, provided accelerated instruction under Section 28.0211
[28.0211(c), the results of assessment instruments administered
under that section, the percentage of students promoted through the
grade placement committee process under Section 28.0211], the
subject of the assessment instrument on which each student failed
to perform satisfactorily under each performance standard under
Section 39.0241, and the performance of those students in the
following school year [following that promotion] on the assessment
instruments [required] under Section 39.023;
(6) the percentage of students of limited English
proficiency exempted from the administration of an assessment
instrument under Sections 39.027(a)(1) and (2);
(7) the percentage of students in a special education
program under Subchapter A, Chapter 29, assessed through assessment
instruments developed or adopted under Section 39.023(b);
(8) the percentage of students who satisfy the college
readiness measure;
(9) the measure of progress toward dual language
proficiency under Section 39.034(b), for students of limited
English proficiency, as defined by Section 29.052;
(10) the percentage of students who are not
educationally disadvantaged;
(11) the percentage of students who enroll and begin
instruction at an institution of higher education in the school
year following high school graduation; and
(12) the percentage of students who successfully
complete the first year of instruction at an institution of higher
education without needing a developmental education course.
SECTION 21. Effective September 1, 2019, the following
provisions of the Education Code are repealed:
(1) Section 19.0043(c);
(2) Sections 28.0211(a), (a-2), (b), (e), (f), (g),
(i-1), (i-2), (n), (o), and (p);
(3) Section 28.025(d);
(4) Section 28.0255(h);
(5) Section 30.104(c);
(6) Sections 39.025(a-1), (a-4), (b), (c), (c-1),
(c-2), (d), (e), (f), (f-1), (f-2), and (g); and
(7) Section 39.025(a-2), as added by Chapter 1036
(H.B. 1613), Acts of the 84th Legislature, Regular Session, 2015.
SECTION 22. To the extent of any conflict, this Act prevails
over another Act of the 86th Legislature, Regular Session, 2019,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 23. This Act applies beginning with the 2019-2020
school year.
SECTION 24. 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, 2019.