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