Texas 2021 - 87th Regular

Texas House Bill HB3557 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	87R11262 TYPED
1	2		By: King of Hemphill, Pacheco H.B. No. 3557
2	3
3	4
4	5		A BILL TO BE ENTITLED
5	6		AN ACT
6	7		relating to allowing parents and guardians to elect for a student to
7	8		repeat or retake a course or grade.
8	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	10		SECTION 1. Section 12.013(b), Education Code, is amended to
10	11		read as follows:
11	12		(b) A home-rule school district is subject to:
12	13		(1) a provision of this title establishing a criminal
13	14		offense;
14	15		(2) a provision of this title relating to limitations
15	16		on liability; and
16	17		(3) a prohibition, restriction, or requirement, as
17	18		applicable, imposed by this title or a rule adopted under this
18	19		title, relating to:
19	20		(A) the Public Education Information Management
20	21		System (PEIMS) to the extent necessary to monitor compliance with
21	22		this subchapter as determined by the commissioner;
22	23		(B) educator certification under Chapter 21 and
23	24		educator rights under Sections 21.407, 21.408, and 22.001;
24	25		(C) criminal history records under Subchapter C,
25	26		Chapter 22;
26	27		(D) student admissions under Section 25.001;
27	28		(E) school attendance under Sections 25.085,
28	29		25.086, and 25.087;
29	30		(F) inter-district or inter-county transfers of
30	31		students under Subchapter B, Chapter 25;
31	32		(G) elementary class size limits under Section
32	33		25.112, in the case of any campus in the district that fails to
33	34		satisfy any standard under Section 39.054(e);
34	35		(H) high school graduation under Section 28.025;
35	36		(I) special education programs under Subchapter
36	37		A, Chapter 29;
37	38		(J) bilingual education under Subchapter B,
38	39		Chapter 29;
39	40		(K) prekindergarten programs under Subchapter E,
40	41		Chapter 29;
41	42		(L) safety provisions relating to the
42	43		transportation of students under Sections 34.002, 34.003, 34.004,
43	44		and 34.008;
44	45		(M) computation and distribution of state aid
45	46		under Chapters 31, 43, and 48;
46	47		(N) extracurricular activities under Section
47	48		33.081;
48	49		(O) health and safety under Chapter 38;
49	50		(P) public school accountability under
50	51		Subchapters B, C, D, and J, Chapter 39, and Chapter 39A;
51	52		(Q) options for local revenue levels in excess of
52	53		entitlement under Chapter 49;
53	54		(R) a bond or other obligation or tax rate under
54	55		Chapters 43, 45, and 48; [and]
55	56		(S) purchasing under Chapter 44; and
56	57		(T) parental options to retain a student under
57	58		Section 28.02124.
58	59		SECTION 2. Section 12.056(b), Education Code, is amended to
59	60		read as follows:
60	61		(b) A campus or program for which a charter is granted under
61	62		this subchapter is subject to:
62	63		(1) a provision of this title establishing a criminal
63	64		offense; and
64	65		(2) a prohibition, restriction, or requirement, as
65	66		applicable, imposed by this title or a rule adopted under this
66	67		title, relating to:
67	68		(A) the Public Education Information Management
68	69		System (PEIMS) to the extent necessary to monitor compliance with
69	70		this subchapter as determined by the commissioner;
70	71		(B) criminal history records under Subchapter C,
71	72		Chapter 22;
72	73		(C) high school graduation under Section 28.025;
73	74		(D) special education programs under Subchapter
74	75		A, Chapter 29;
75	76		(E) bilingual education under Subchapter B,
76	77		Chapter 29;
77	78		(F) prekindergarten programs under Subchapter E,
78	79		Chapter 29;
79	80		(G) extracurricular activities under Section
80	81		33.081;
81	82		(H) health and safety under Chapter 38;
82	83		(I) public school accountability under
83	84		Subchapters B, C, D, F, and J, Chapter 39, and Chapter 39A; [and]
84	85		(J) the duty to discharge or refuse to hire
85	86		certain employees or applicants for employment under Section
86	87		12.1059; and
87	88		(K) parental options to retain a student under
88	89		Section 28.02124.
89		-	SECTION 3. Section 12.104(b), Education Code, as amended by
90		-	Chapters 262 (H.B. 1597), 464 (S.B. 11), 467 (H.B. 4170), and 943
91		-	(H.B. 3), Acts of the 86th Legislature, Regular Session, 2019, is
92		-	reenacted and amended to read as follows:
	90	+	SECTION 3. Section 12.104(b), Education Code, is amended to
	91	+	read as follows:
93	92		(b) An open-enrollment charter school is subject to:
94	93		(1) a provision of this title establishing a criminal
95	94		offense;
96	95		(2) the provisions in Chapter 554, Government Code;
97	96		and
98	97		(3) a prohibition, restriction, or requirement, as
99	98		applicable, imposed by this title or a rule adopted under this
100	99		title, relating to:
101	100		(A) the Public Education Information Management
102	101		System (PEIMS) to the extent necessary to monitor compliance with
103	102		this subchapter as determined by the commissioner;
104	103		(B) criminal history records under Subchapter C,
105	104		Chapter 22;
106	105		(C) reading instruments and accelerated reading
107	106		instruction programs under Section 28.006;
108	107		(D) accelerated instruction under Section
109	108		28.0211;
110	109		(E) high school graduation requirements under
111	110		Section 28.025;
112	111		(F) special education programs under Subchapter
113	112		A, Chapter 29;
114	113		(G) bilingual education under Subchapter B,
115	114		Chapter 29;
116	115		(H) prekindergarten programs under Subchapter E
117	116		or E-1, Chapter 29;
118	117		(I) extracurricular activities under Section
119	118		33.081;
120	119		(J) discipline management practices or behavior
121	120		management techniques under Section 37.0021;
122	121		(K) health and safety under Chapter 38;
123	122		(L) public school accountability under
124	123		Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
125	124		(M) the requirement under Section 21.006 to
126	125		report an educator's misconduct;
127	126		(N) intensive programs of instruction under
128	127		Section 28.0213;
129	128		(O) the right of a school employee to report a
130	129		crime, as provided by Section 37.148;
131	130		(P) bullying prevention policies and procedures
132	131		under Section 37.0832;
133	132		(Q) the right of a school under Section 37.0052
134	133		to place a student who has engaged in certain bullying behavior in a
135	134		disciplinary alternative education program or to expel the student;
136	135		(R) the right under Section 37.0151 to report to
137	136		local law enforcement certain conduct constituting assault or
138	137		harassment;
139	138		(S) a parent's right to information regarding the
140	139		provision of assistance for learning difficulties to the parent's
141	140		child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
142	141		(T) establishment of residency under Section
143	142		25.001;
144	143		(U) [(T)] school safety requirements under
145	144		Sections 37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.115,
146	145		37.207, and 37.2071;
147	146		(V) [(T)] the early childhood literacy and
148	147		mathematics proficiency plans under Section 11.185; [and]
149	148		(W) [(U)] the college, career, and military
150	149		readiness plans under Section 11.186; and
151	150		(X) parental options to retain a student under
152	151		Section 28.02124.
153	152		SECTION 4. Subchapter B, Chapter 28, Education Code, is
154	153		amended by adding Section 28.02124 to read as follows:
155	154		Sec. 28.02124. PARENTAL OPTION FOR STUDENT RETENTION. (a)
156	155		Subject to Subsection (c), a parent or guardian may elect for a
157	156		student to:
158	157		(1) repeat prekindergarten;
159	158		(2) enroll in prekindergarten, if the student would
160	159		have been eligible to enroll in prekindergarten during the previous
161	160		school year under Section 29.153(b) and the student has not yet
162	161		enrolled in kindergarten;
163	162		(3) repeat kindergarten;
164	163		(4) enroll in kindergarten, if the student would have
165	164		been eligible to enroll in kindergarten in the previous school year
166	165		and has not yet enrolled in first grade; or
167	166		(5) for grades one through three, repeat the grade in
168	167		which the student was enrolled during the previous school year.
169	168		(a-1) Subject to Subsections (a-3) and (c), a parent or
170	169		guardian may elect for a student to:
171	170		(1) for grades four through eight, repeat the grade
172	171		the student was enrolled in during the previous school year; and
173	172		(2) for courses taken for high school credit, repeat
174	173		any course in which the student was enrolled in during the previous
175	174		school year.
176	175		(a-2) A parent or guardian may make an election under
177	176		Subsection (a-1)(1) or (2), or both.
178	177		(a-3) A parent or guardian may not elect for a student to
179	178		repeat a course under Subsection (a-1)(2) if the school district or
180	179		open-enrollment charter school determines the student has met all
181	180		of the requirements for graduation.
182	181		(a-4) Subsections (a-1), (a-2), (a-3), and this subsection
183	182		apply for students who repeat courses from the 2020-2021 school
184	183		year during the 2021-2022 school year and for students who
185	184		otherwise enroll during the 2021-2022 school year. Subsections
186	185		(a-1), (a-2), (a-3), and this subsection expire September 1, 2022.
187	186		(b) An election made by a parent or guardian under this
188	187		section shall be made in writing to a school district or
189	188		open-enrollment charter school, as applicable.
190	189		(c) If a school district or an open-enrollment charter
191	190		school disagrees with an election authorized under this section,
192	191		the school district or open-enrollment charter school must convene
193	192		a retention committee and meet with the parent or guardian to
194	193		discuss retention. A meeting under this subsection shall be
195	194		conducted in person unless an alternative means is agreeable to the
196	195		parent or guardian. A student may not be retained for a grade or
197	196		retake a course under this section if the parent or guardian does
198	197		not meet with the retention committee.
199	198		(d) A retention committee established under Subsection (c)
200	199		shall be composed of:
201	200		(1) the principal or the principal's designee;
202	201		(2) the student's parent or guardian;
203	202		(3) the teacher who taught the grade or course for
204	203		which the parent wants the student retained or repeated; and
205	204		(4) additional teachers at the discretion of the
206	205		principal, if the student will potentially repeat multiple courses.
207	206		(e) A retention committee established under Subsection (c)
208	207		shall:
209	208		(1) discuss the merits of and concerns with
210	209		advancement and retention; and
211	210		(2) review and consider the student's grade in each
212	211		subject or course, the results of any formative or summative
213	212		assessments administered to the student, and any other available
214	213		academic information to determine the student's academic readiness
215	214		for the next grade or a given course.
216	215		(f) If established under Subsection (c), after the parent or
217	216		guardian has participated in a retention committee meeting, the
218	217		parent or guardian shall decide whether the student should be
219	218		retained or retake a grade or course. The school district or
220	219		open-enrollment school must abide by the decision of the parent or
221	220		guardian.
222	221		(g) A student who receives a passing grade or who earns
223	222		credit for a high school course shall retain a school district's or
224	223		open-enrollment charter school's original assignment of a grade or
225	224		award of credit when a student is retained under this section,
226	225		unless the school district or open-enrollment charter school adopts
227	226		a policy to a different effect.
228	227		(h) Except as provided by this section or other law,
229	228		retention of a student pursuant to a parent's or guardian's election
230	229		under this section shall be considered the same as retention of a
231	230		student by a school district or open-enrollment charter school.
232	231		(i) The rights of a parent or guardian under this section
233	232		transfer to a student if the student is 18 years of age or older or
234	233		has had the disabilities of a minor removed, unless the student is
235	234		under a form of guardianship imposed by law or court order that
236	235		continues after the student turns 18 years of age.
237	236		(j) The commissioner may adopt rules to implement this
238	237		section.
239	238		SECTION 5. Section 29.081, Education Code, is amended by
240	239		reenacting and amending Subsection (d), as amended by Chapters 403
241	240		(S.B. 1746), 1060 (H.B. 1051), and 597 (S.B. 668), Acts of the 86th
242	241		Legislature, Regular Session, 2019, and adding Subsection (h) to
243	242		read as follows:
244	243		(d) For purposes of this section, "student at risk of
245	244		dropping out of school" includes each student who:
246	245		(1) is under 26 years of age and who:
247	246		(A) except as provided by Subsection (h) or if
248	247		retained for prekindergarten under Section 28.02124, was not
249	248		advanced from one grade level to the next for one or more school
250	249		years;
251	250		(B) if the student is in grade 7, 8, 9, 10, 11, or
252	251		12, did not maintain an average equivalent to 70 on a scale of 100 in
253	252		two or more subjects in the foundation curriculum during a semester
254	253		in the preceding or current school year or is not maintaining such
255	254		an average in two or more subjects in the foundation curriculum in
256	255		the current semester;
257	256		(C) did not perform satisfactorily on an
258	257		assessment instrument administered to the student under Subchapter
259	258		B, Chapter 39, and who has not in the previous or current school
260	259		year subsequently performed on that instrument or another
261	260		appropriate instrument at a level equal to at least 110 percent of
262	261		the level of satisfactory performance on that instrument;
263	262		(D) if the student is in prekindergarten,
264	263		kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on
265	264		a readiness test or assessment instrument administered during the
266	265		current school year;
267	266		(E) is pregnant or is a parent;
268	267		(F) has been placed in an alternative education
269	268		program in accordance with Section 37.006 during the preceding or
270	269		current school year;
271	270		(G) has been expelled in accordance with Section
272	271		37.007 during the preceding or current school year;
273	272		(H) is currently on parole, probation, deferred
274	273		prosecution, or other conditional release;
275	274		(I) was previously reported through the Public
276	275		Education Information Management System (PEIMS) to have dropped out
277	276		of school;
278	277		(J) is a student of limited English proficiency,
279	278		as defined by Section 29.052;
280	279		(K) is in the custody or care of the Department of
281	280		Family and Protective Services or has, during the current school
282	281		year, been referred to the department by a school official, officer
283	282		of the juvenile court, or law enforcement official;
284	283		(L) is homeless, as defined by 42 U.S.C. Section
285	284		11302, and its subsequent amendments;
286	285		(M) resided in the preceding school year or
287	286		resides in the current school year in a residential placement
288	287		facility in the district, including a detention facility, substance
289	288		abuse treatment facility, emergency shelter, psychiatric hospital,
290	289		halfway house, cottage home operation, specialized child-care
291	290		home, or general residential operation; or
292	291		(N) has been incarcerated or has a parent or
293	292		guardian who has been incarcerated, within the lifetime of the
294	293		student, in a penal institution as defined by Section 1.07, Penal
295	294		Code; or
296	295		(2) regardless of the student's age, participates in
297	296		an adult education program provided under a high school diploma and
298	297		industry certification charter school program under Section
299	298		29.259.
300	299		(h) The agency shall study whether students retained under
301	300		Section 28.02124 should be considered at-risk. The commissioner
302	301		may adopt a rule excluding students retained by a parent or guardian
303	302		under Section 28.02124 from being considered a "student at risk of
304	303		dropping out of school" under Subsection (d)(1)(A).
305	304		SECTION 6. Section 48.005(m), Education Code, is amended to
306	305		read as follows:
307	306		(m) The commissioner shall adopt rules necessary to
308	307		implement this section, including rules that:
309	308		(1) establish the minimum amount of instructional time
310	309		per day that allows a school district or charter school to be
311	310		eligible for full average daily attendance, which may differ based
312	311		on the instructional program offered by the district or charter
313	312		school;
314	313		(2) establish the requirements necessary for a school
315	314		district or charter school to be eligible for one-half of average
316	315		daily attendance, which may differ based on the instructional
317	316		program offered by the district or charter school; [and]
318	317		(3) proportionally reduce the average daily
319	318		attendance for a school district if any campus or instructional
320	319		program in the district provides fewer than the required minimum
321	320		minutes of instruction to students; and
322	321		(4) allow a grade or course repeated under Section
323	322		28.02124 to qualify for average daily attendance even if the
324	323		student previously passed or earned credit for the grade or course,
325	324		if the grade or course would otherwise be eligible.
326	325		SECTION 7. This Act takes effect immediately if it receives
327	326		a vote of two-thirds of all the members elected to each house, as
328	327		provided by Section 39, Article III, Texas Constitution. If this
329	328		Act does not receive the vote necessary for immediate effect, this
330	329		Act takes effect September 1, 2021.