1 | 1 | | 89R14639 MEW-F |
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2 | 2 | | By: Metcalf H.B. No. 3470 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the administration of assessment instruments in public |
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10 | 10 | | schools, eliminating the requirement to use public school |
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11 | 11 | | assessment instruments as a criterion for promotion or graduation, |
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12 | 12 | | and the temporary suspension of certain accountability |
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13 | 13 | | determinations for a school district or campus in a school year in |
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14 | 14 | | which the operations of the district or campus are disrupted as a |
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15 | 15 | | result of a declared disaster. |
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16 | 16 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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17 | 17 | | SECTION 1. Section 12.257(b), Education Code, is amended to |
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18 | 18 | | read as follows: |
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19 | 19 | | (b) A charter granted under this subchapter must: |
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20 | 20 | | (1) include a description of the adult education |
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21 | 21 | | program to be offered under this subchapter; and |
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22 | 22 | | (2) establish specific, objective standards for |
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23 | 23 | | receiving a high school diploma, including[: |
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24 | 24 | | [(A)] successful completion of: |
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25 | 25 | | (A) [(i)] if applicable to the program |
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26 | 26 | | participant, the curriculum requirements under Section 28.025; or |
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27 | 27 | | (B) [(ii)] the appropriate curriculum |
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28 | 28 | | requirements applicable to the program participant[; and |
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29 | 29 | | [(B) satisfactory performance on the |
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30 | 30 | | standardized secondary exit-level assessment instrument described |
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31 | 31 | | by Section 12.260]. |
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32 | 32 | | SECTION 2. Section 12.258(a), Education Code, is amended to |
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33 | 33 | | read as follows: |
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34 | 34 | | (a) A person who is at least 18 years of age and not more |
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35 | 35 | | than 50 years of age is eligible to enroll in an adult education |
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36 | 36 | | program operated under a charter granted under this subchapter if |
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37 | 37 | | the person: |
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38 | 38 | | (1) has failed to complete the curriculum requirements |
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39 | 39 | | for high school graduation; or |
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40 | 40 | | (2) has failed to perform satisfactorily on an |
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41 | 41 | | assessment instrument that, before the 2025-2026 school year, was |
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42 | 42 | | required for high school graduation. |
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43 | 43 | | SECTION 3. Section 12.260(b), Education Code, is amended to |
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44 | 44 | | read as follows: |
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45 | 45 | | (b) The commissioner, in cooperation with the advisory |
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46 | 46 | | committee established under Section 12.254, shall determine the |
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47 | 47 | | level of performance considered to be satisfactory on the secondary |
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48 | 48 | | exit-level assessment instrument adopted under Subsection (a) [for |
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49 | 49 | | receipt of a high school diploma by a program participant in an |
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50 | 50 | | adult education program operated under a charter granted under this |
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51 | 51 | | subchapter]. |
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52 | 52 | | SECTION 4. Section 18.005(c), Education Code, is amended to |
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53 | 53 | | read as follows: |
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54 | 54 | | (c) A Job Corps diploma program shall: |
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55 | 55 | | (1) develop educational programs specifically |
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56 | 56 | | designed for persons eligible for enrollment in a Job Corps |
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57 | 57 | | training program established by the United States Department of |
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58 | 58 | | Labor; |
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59 | 59 | | (2) coordinate educational programs and services in |
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60 | 60 | | the diploma program with programs and services provided by the |
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61 | 61 | | United States Department of Labor and other federal and state |
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62 | 62 | | agencies and local political subdivisions and by persons who |
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63 | 63 | | provide programs and services under contract with the United States |
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64 | 64 | | Department of Labor; |
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65 | 65 | | (3) provide a course of instruction that includes the |
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66 | 66 | | required curriculum under Subchapter A, Chapter 28; and |
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67 | 67 | | (4) [require that students enrolled in the diploma |
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68 | 68 | | program satisfy the requirements of Section 39.025 before receiving |
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69 | 69 | | a diploma under this chapter; and |
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70 | 70 | | [(5)] comply with a requirement imposed under this |
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71 | 71 | | title or a rule adopted under this title relating to the Public |
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72 | 72 | | Education Information Management System (PEIMS) to the extent |
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73 | 73 | | necessary to determine compliance with this chapter, as determined |
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74 | 74 | | by the commissioner. |
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75 | 75 | | SECTION 5. Section 19.0043(b), Education Code, is amended |
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76 | 76 | | to read as follows: |
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77 | 77 | | (b) A student may graduate and receive a diploma from a |
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78 | 78 | | Windham School District educational program if: |
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79 | 79 | | (1) the student successfully completes the curriculum |
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80 | 80 | | requirements identified by the State Board of Education under |
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81 | 81 | | Section 28.025(a) [and complies with Section 39.025]; or |
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82 | 82 | | (2) the student successfully completes the curriculum |
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83 | 83 | | requirements under Section 28.025(a) as modified by an |
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84 | 84 | | individualized education program developed under Section 29.005. |
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85 | 85 | | SECTION 6. Section 25.005(b), Education Code, is amended to |
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86 | 86 | | read as follows: |
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87 | 87 | | (b) A reciprocity agreement must: |
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88 | 88 | | (1) address procedures for: |
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89 | 89 | | (A) transferring student records; and |
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90 | 90 | | (B) awarding credit for completed course work; |
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91 | 91 | | and |
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92 | 92 | | [(C) permitting a student to satisfy the |
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93 | 93 | | requirements of Section 39.025 through successful performance on |
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94 | 94 | | comparable end-of-course or other exit-level assessment |
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95 | 95 | | instruments administered in another state; and] |
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96 | 96 | | (2) include appropriate criteria developed by the |
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97 | 97 | | agency. |
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98 | 98 | | SECTION 7. Section 28.021(c), Education Code, is amended to |
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99 | 99 | | read as follows: |
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100 | 100 | | (c) In determining promotion under Subsection (a), a school |
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101 | 101 | | district shall consider: |
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102 | 102 | | (1) the recommendation of the student's teacher; |
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103 | 103 | | (2) the student's grade in each subject or course; and |
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104 | 104 | | (3) [the student's score on an assessment instrument |
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105 | 105 | | administered under Section 39.023(a), (b), or (l), to the extent |
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106 | 106 | | applicable; and |
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107 | 107 | | [(4)] any other necessary academic information, as |
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108 | 108 | | determined by the district. |
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109 | 109 | | SECTION 8. Section 28.0211(a-8), Education Code, is amended |
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110 | 110 | | to read as follows: |
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111 | 111 | | (a-8) A school district may not be required to provide |
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112 | 112 | | supplemental instruction under Subsection (a-1)(2) to a student in |
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113 | 113 | | more than two subject areas per school year. If the district would |
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114 | 114 | | otherwise be required to provide supplemental instruction to a |
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115 | 115 | | student in more than two subject areas for a school year, the |
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116 | 116 | | district shall prioritize providing supplemental instruction to |
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117 | 117 | | the student in mathematics and reading[, or Algebra I, English I, or |
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118 | 118 | | English II, as applicable,] for that school year. |
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119 | 119 | | SECTION 9. Sections 28.025(b-7), (c), and (e), Education |
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120 | 120 | | Code, are amended to read as follows: |
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121 | 121 | | (b-7) The State Board of Education, in coordination with the |
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122 | 122 | | Texas Higher Education Coordinating Board, shall adopt rules to |
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123 | 123 | | ensure that a student may comply with the curriculum requirements |
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124 | 124 | | under the foundation high school program or for an endorsement |
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125 | 125 | | under Subsection (c-1) by successfully completing appropriate |
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126 | 126 | | courses in the core curriculum of an institution of higher |
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127 | 127 | | education under Section 61.822. Notwithstanding Subsection (b-15) |
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128 | 128 | | or (c) [of this section, Section 39.025,] or any other provision of |
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129 | 129 | | this code and notwithstanding any school district policy, a student |
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130 | 130 | | who has completed the core curriculum of an institution of higher |
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131 | 131 | | education under Section 61.822, as certified by the institution in |
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132 | 132 | | accordance with commissioner rule, is considered to have earned a |
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133 | 133 | | distinguished level of achievement under the foundation high school |
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134 | 134 | | program and is entitled to receive a high school diploma from the |
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135 | 135 | | appropriate high school as that high school is determined in |
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136 | 136 | | accordance with commissioner rule. A student who is considered to |
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137 | 137 | | have earned a distinguished level of achievement under the |
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138 | 138 | | foundation high school program under this subsection may apply for |
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139 | 139 | | admission to an institution of higher education for the first |
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140 | 140 | | semester or other academic term after the semester or other |
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141 | 141 | | academic term in which the student completes the core curriculum. |
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142 | 142 | | (c) A person may receive a diploma if the person is eligible |
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143 | 143 | | for a diploma under Section 28.0251. In other cases, a student may |
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144 | 144 | | graduate and receive a diploma only if: |
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145 | 145 | | (1) the student successfully completes the curriculum |
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146 | 146 | | requirements identified by the State Board of Education under |
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147 | 147 | | Subsection (a) and complies with Section [Sections] 28.0256 [and |
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148 | 148 | | 39.025]; or |
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149 | 149 | | (2) the student successfully completes an |
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150 | 150 | | individualized education program developed under Section 29.005. |
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151 | 151 | | (e) Each school district shall report the academic |
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152 | 152 | | achievement record of students who have completed the foundation |
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153 | 153 | | high school program on transcript forms adopted by the State Board |
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154 | 154 | | of Education. [The transcript forms adopted by the board must be |
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155 | 155 | | designed to clearly identify whether a student received a diploma |
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156 | 156 | | or a certificate of coursework completion.] |
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157 | 157 | | SECTION 10. Sections 28.02541(a) and (d), Education Code, |
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158 | 158 | | are amended to read as follows: |
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159 | 159 | | (a) This section applies only to a student who: |
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160 | 160 | | (1) entered the ninth grade before the 2011-2012 |
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161 | 161 | | school year; and |
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162 | 162 | | (2) successfully completed the curriculum |
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163 | 163 | | requirements for high school graduation applicable to the student |
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164 | 164 | | when the student entered the ninth grade[; |
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165 | 165 | | [(3) has not performed satisfactorily on an assessment |
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166 | 166 | | instrument or a part of an assessment instrument required for high |
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167 | 167 | | school graduation, including an alternate assessment instrument |
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168 | 168 | | offered under Section 39.025(c-2); and |
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169 | 169 | | [(4) has been administered the assessment instrument |
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170 | 170 | | or the part of the assessment instrument for which the student has |
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171 | 171 | | not performed satisfactorily at least three times]. |
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172 | 172 | | (d) In adopting rules under Subsection (c)(2), the |
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173 | 173 | | commissioner may authorize as an alternative requirement: |
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174 | 174 | | (1) [an alternative assessment instrument and |
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175 | 175 | | performance standard for that assessment instrument; |
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176 | 176 | | [(2)] work experience; or |
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177 | 177 | | (2) [(3)] military or other relevant life experience. |
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178 | 178 | | SECTION 11. Section 28.02591(a), Education Code, is amended |
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179 | 179 | | to read as follows: |
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180 | 180 | | (a) The Texas Higher Education Coordinating Board, in |
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181 | 181 | | coordination with the agency, shall collect longitudinal data |
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182 | 182 | | relating to the post-graduation pursuits of each student who is |
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183 | 183 | | awarded a diploma based on the determination of an individual |
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184 | 184 | | graduation committee under former Section 28.0258, as that section |
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185 | 185 | | existed on January 1, 2025, including whether the student: |
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186 | 186 | | (1) enters the workforce; |
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187 | 187 | | (2) enrolls in an associate degree or certificate |
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188 | 188 | | program at a public or private institution of higher education; |
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189 | 189 | | (3) enrolls in a bachelor's degree program at a public |
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190 | 190 | | or private institution of higher education; or |
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191 | 191 | | (4) enlists in the armed forces of the United States or |
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192 | 192 | | the Texas National Guard. |
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193 | 193 | | SECTION 12. Section 29.081(b-1), Education Code, is amended |
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194 | 194 | | to read as follows: |
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195 | 195 | | (b-1) Each school district shall offer before the next |
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196 | 196 | | scheduled administration of the assessment instrument, without |
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197 | 197 | | cost to the student, additional accelerated instruction to each |
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198 | 198 | | student in any subject in which the student failed to perform |
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199 | 199 | | satisfactorily on an end-of-course assessment instrument listed in |
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200 | 200 | | Section 39.023(c) [required for graduation]. |
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201 | 201 | | SECTION 13. Section 29.402(c), Education Code, is amended |
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202 | 202 | | to read as follows: |
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203 | 203 | | (c) A public junior college under this section shall: |
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204 | 204 | | (1) design a dropout recovery curriculum that includes |
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205 | 205 | | career and technology education courses that lead to industry or |
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206 | 206 | | career certification; |
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207 | 207 | | (2) integrate into the dropout recovery curriculum |
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208 | 208 | | research-based strategies to assist students in becoming able |
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209 | 209 | | academically to pursue postsecondary education, including: |
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210 | 210 | | (A) high quality, college readiness instruction |
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211 | 211 | | with strong academic and social supports; |
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212 | 212 | | (B) secondary to postsecondary bridging that |
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213 | 213 | | builds college readiness skills, provides a plan for college |
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214 | 214 | | completion, and ensures transition counseling; and |
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215 | 215 | | (C) information concerning appropriate supports |
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216 | 216 | | available in the first year of postsecondary enrollment to ensure |
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217 | 217 | | postsecondary persistence and success, to the extent funds are |
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218 | 218 | | available for the purpose; |
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219 | 219 | | (3) offer advanced academic and transition |
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220 | 220 | | opportunities, including dual credit courses and college |
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221 | 221 | | preparatory courses, such as advanced placement courses; and |
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222 | 222 | | (4) coordinate with each partnering school district to |
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223 | 223 | | provide in the articulation agreement that the district retains |
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224 | 224 | | accountability for student attendance and[,] student completion of |
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225 | 225 | | high school course requirements[, and student performance on |
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226 | 226 | | assessment instruments] as necessary for the student to receive a |
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227 | 227 | | diploma from a high school of the partnering school district. |
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228 | 228 | | SECTION 14. Section 30.021(e), Education Code, is amended |
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229 | 229 | | to read as follows: |
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230 | 230 | | (e) The school shall cooperate with public and private |
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231 | 231 | | agencies and organizations serving students and other persons with |
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232 | 232 | | visual impairments in the planning, development, and |
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233 | 233 | | implementation of effective educational and rehabilitative service |
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234 | 234 | | delivery systems associated with educating students with visual |
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235 | 235 | | impairments. To maximize and make efficient use of state |
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236 | 236 | | facilities, funding, and resources, the services provided in this |
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237 | 237 | | area may include conducting a cooperative program with other |
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238 | 238 | | agencies to serve students who have graduated from high school by |
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239 | 239 | | completing all academic requirements applicable to students in |
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240 | 240 | | regular education[, excluding satisfactory performance under |
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241 | 241 | | Section 39.025,] who are younger than 22 years of age on September 1 |
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242 | 242 | | of the school year and who have identified needs related to |
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243 | 243 | | vocational training, independent living skills, orientation and |
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244 | 244 | | mobility, social and leisure skills, compensatory skills, or |
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245 | 245 | | remedial academic skills. |
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246 | 246 | | SECTION 15. Section 30.104(b), Education Code, is amended |
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247 | 247 | | to read as follows: |
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248 | 248 | | (b) A student may graduate and receive a diploma from a |
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249 | 249 | | department educational program if: |
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250 | 250 | | (1) the student successfully completes the curriculum |
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251 | 251 | | requirements identified by the State Board of Education under |
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252 | 252 | | Section 28.025(a) [and complies with Section 39.025]; or |
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253 | 253 | | (2) the student successfully completes the curriculum |
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254 | 254 | | requirements under Section 28.025(a) as modified by an |
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255 | 255 | | individualized education program developed under Section 29.005. |
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256 | 256 | | SECTION 16. Section 32.258(b), Education Code, is amended |
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257 | 257 | | to read as follows: |
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258 | 258 | | (b) The system established under Subsection (a) shall |
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259 | 259 | | provide a means for a student or the student's parent or other |
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260 | 260 | | person standing in parental relationship to track the student's |
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261 | 261 | | progress on assessment instruments administered under Section |
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262 | 262 | | 39.023 [instrument requirements for graduation]. |
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263 | 263 | | SECTION 17. Section 39.003(a), Education Code, is amended |
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264 | 264 | | to read as follows: |
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265 | 265 | | (a) The commissioner may authorize special investigations |
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266 | 266 | | to be conducted: |
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267 | 267 | | (1) when excessive numbers of absences of students |
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268 | 268 | | eligible to be tested on state assessment instruments are |
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269 | 269 | | determined; |
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270 | 270 | | (2) when excessive numbers of allowable exemptions |
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271 | 271 | | from the required state assessment instruments are determined; |
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272 | 272 | | (3) in response to complaints submitted to the agency |
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273 | 273 | | with respect to alleged violations of civil rights or other |
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274 | 274 | | requirements imposed on the state by federal law or court order; |
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275 | 275 | | (4) in response to established compliance reviews of |
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276 | 276 | | the district's financial accounting practices and state and federal |
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277 | 277 | | program requirements; |
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278 | 278 | | (5) when extraordinary numbers of student placements |
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279 | 279 | | in disciplinary alternative education programs, other than |
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280 | 280 | | placements under Sections 37.006 and 37.007, are determined; |
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281 | 281 | | (6) in response to an allegation involving a conflict |
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282 | 282 | | between members of the board of trustees or between the board and |
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283 | 283 | | the district administration if it appears that the conflict |
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284 | 284 | | involves a violation of a role or duty of the board members or the |
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285 | 285 | | administration clearly defined by this code; |
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286 | 286 | | (7) when excessive numbers of students in special |
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287 | 287 | | education programs under Subchapter A, Chapter 29, are assessed |
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288 | 288 | | through assessment instruments developed or adopted under Section |
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289 | 289 | | 39.023(b); |
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290 | 290 | | (8) in response to an allegation regarding or an |
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291 | 291 | | analysis using a statistical method result indicating a possible |
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292 | 292 | | violation of an assessment instrument security procedure |
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293 | 293 | | established under Section 39.0301, including for the purpose of |
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294 | 294 | | investigating or auditing a school district under that section; |
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295 | 295 | | (9) when a significant pattern of decreased academic |
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296 | 296 | | performance has developed as a result of the promotion in the |
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297 | 297 | | preceding two school years of students who did not perform |
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298 | 298 | | satisfactorily as determined by the commissioner under Section |
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299 | 299 | | 39.0241(a) on assessment instruments administered under Section |
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300 | 300 | | 39.023(a), (c), or (l); |
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301 | 301 | | (10) when excessive numbers of students eligible to |
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302 | 302 | | enroll fail to complete an Algebra II course or any other advanced |
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303 | 303 | | course as determined by the commissioner; |
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304 | 304 | | (11) when resource allocation practices as evaluated |
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305 | 305 | | under Section 39.0821 indicate a potential for significant |
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306 | 306 | | improvement in resource allocation; |
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307 | 307 | | (12) when a disproportionate number of students of a |
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308 | 308 | | particular demographic group is graduating with a particular |
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309 | 309 | | endorsement under Section 28.025(c-1); |
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310 | 310 | | (13) when an excessive number of students is |
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311 | 311 | | graduating with a particular endorsement under Section |
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312 | 312 | | 28.025(c-1); |
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313 | 313 | | (14) in response to a complaint submitted to the |
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314 | 314 | | agency with respect to alleged inaccurate data that is reported |
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315 | 315 | | through the Public Education Information Management System (PEIMS) |
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316 | 316 | | or through other reports required by state or federal law or rule or |
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317 | 317 | | court order and that is used by the agency to make a determination |
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318 | 318 | | relating to public school accountability, including accreditation, |
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319 | 319 | | under this chapter; |
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320 | 320 | | (15) [when 10 percent or more of the students |
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321 | 321 | | graduating in a particular school year from a particular high |
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322 | 322 | | school campus are awarded a diploma based on the determination of an |
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323 | 323 | | individual graduation committee under Section 28.0258; |
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324 | 324 | | [(16)] when a school district for any reason fails to |
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325 | 325 | | produce, at the request of the agency, evidence or an investigation |
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326 | 326 | | report relating to an educator who is under investigation by the |
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327 | 327 | | State Board for Educator Certification; or |
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328 | 328 | | (16) [(17)] as the commissioner otherwise determines |
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329 | 329 | | necessary. |
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330 | 330 | | SECTION 18. Section 39.023, Education Code, is amended by |
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331 | 331 | | amending Subsections (a), (c), and (c-2) and adding Subsection (q) |
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332 | 332 | | to read as follows: |
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333 | 333 | | (a) The agency shall adopt or develop appropriate |
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334 | 334 | | criterion-referenced assessment instruments designed to assess |
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335 | 335 | | essential knowledge and skills in reading, mathematics, [social |
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336 | 336 | | studies,] and science. Except as provided by Subsection (a-2), all |
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337 | 337 | | students, other than students assessed under Subsection (b) or (l) |
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338 | 338 | | or exempted under Section 39.027, shall be assessed in: |
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339 | 339 | | (1) mathematics, annually in grades three through |
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340 | 340 | | eight; |
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341 | 341 | | (2) reading, annually in grades three through eight; |
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342 | 342 | | and |
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343 | 343 | | (3) [social studies, in grade eight; |
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344 | 344 | | [(4)] science, in grades five and eight[; and |
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345 | 345 | | [(5) any other subject and grade required by federal |
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346 | 346 | | law]. |
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347 | 347 | | (c) The agency shall also adopt end-of-course assessment |
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348 | 348 | | instruments for secondary-level courses in reading, mathematics, |
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349 | 349 | | and science only as necessary to comply with the Every Student |
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350 | 350 | | Succeeds Act (20 U.S.C. Section 6301 et seq.) to be administered |
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351 | 351 | | only as necessary to meet the minimum requirements of that Act |
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352 | 352 | | [Algebra I, biology, English I, English II, and United States |
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353 | 353 | | history. The Algebra I end-of-course assessment instrument must |
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354 | 354 | | be administered with the aid of technology, but may include one or |
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355 | 355 | | more parts that prohibit the use of technology. The English I and |
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356 | 356 | | English II end-of-course assessment instruments must each assess |
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357 | 357 | | essential knowledge and skills in both reading and writing and must |
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358 | 358 | | provide a single score]. A school district shall comply with State |
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359 | 359 | | Board of Education rules regarding administration of the assessment |
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360 | 360 | | instruments adopted under [listed in] this subsection. If a |
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361 | 361 | | student is in a special education program under Subchapter A, |
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362 | 362 | | Chapter 29, the student's admission, review, and dismissal |
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363 | 363 | | committee shall determine whether any allowable modification is |
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364 | 364 | | necessary in administering to the student an assessment instrument |
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365 | 365 | | required under this subsection. The State Board of Education shall |
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366 | 366 | | administer the assessment instruments. An end-of-course |
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367 | 367 | | assessment instrument may be administered in multiple parts over |
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368 | 368 | | more than one day. [The State Board of Education shall adopt a |
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369 | 369 | | schedule for the administration of end-of-course assessment |
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370 | 370 | | instruments that complies with the requirements of Subsection |
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371 | 371 | | (c-3).] |
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372 | 372 | | (c-2) The agency may adopt end-of-course assessment |
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373 | 373 | | instruments for courses for which end-of-course assessment |
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374 | 374 | | instruments are not adopted under [not listed in] Subsection |
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375 | 375 | | (c). A student's performance on an end-of-course assessment |
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376 | 376 | | instrument adopted under this subsection is not subject to the |
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377 | 377 | | performance requirements established under Subsection (c) or |
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378 | 378 | | Section 39.025. |
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379 | 379 | | (q) Notwithstanding any provision of this section or other |
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380 | 380 | | law, if changes made to the Every Student Succeeds Act (20 U.S.C. |
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381 | 381 | | Section 6301 et seq.) reduce the number or frequency of assessment |
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382 | 382 | | instruments required to be administered to students, the State |
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383 | 383 | | Board of Education shall adopt rules reducing the number or |
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384 | 384 | | frequency of assessment instruments administered to students under |
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385 | 385 | | state law, and the commissioner shall ensure that students are not |
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386 | 386 | | assessed in subject areas or in grades that are no longer required |
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387 | 387 | | to meet the minimum requirements of that Act. |
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388 | 388 | | SECTION 19. Subchapter B, Chapter 39, Education Code, is |
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389 | 389 | | amended by adding Section 39.0239 to read as follows: |
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390 | 390 | | Sec. 39.0239. ADMINISTRATION OF ASSESSMENT INSTRUMENTS AND |
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391 | 391 | | TEMPORARY SUSPENSION OF CERTAIN ACCOUNTABILITY MEASURES DURING |
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392 | 392 | | DISASTER. (a) If a school district is located wholly or partly in |
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393 | 393 | | the area of a disaster declared by the president of the United |
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394 | 394 | | States under the Robert T. Stafford Disaster Relief and Emergency |
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395 | 395 | | Assistance Act (42 U.S.C. Section 5121 et seq.) or by the governor |
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396 | 396 | | under Chapter 418, Government Code, during a school year in which |
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397 | 397 | | district operations, including in-person attendance, are |
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398 | 398 | | disrupted, the commissioner shall apply to the United States |
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399 | 399 | | Department of Education for a waiver of the requirement under the |
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400 | 400 | | Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) to |
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401 | 401 | | administer assessment instruments during that school year for the |
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402 | 402 | | affected district. |
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403 | 403 | | (b) If the United States Department of Education fails to |
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404 | 404 | | grant a waiver requested under Subsection (a), the assessment |
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405 | 405 | | instruments shall be administered as required under Section 39.023 |
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406 | 406 | | during the applicable school year, but, notwithstanding any other |
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407 | 407 | | law, the commissioner may not consider the results of the |
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408 | 408 | | assessment instruments for purposes of evaluating school district |
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409 | 409 | | or campus performance under this chapter for the affected district |
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410 | 410 | | for the applicable school year, including in determining: |
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411 | 411 | | (1) the accreditation status of a district under |
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412 | 412 | | Section 39.051; |
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413 | 413 | | (2) the performance rating to assign to the district |
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414 | 414 | | or the district's campuses under Section 39.054; or |
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415 | 415 | | (3) whether to impose any intervention or sanction |
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416 | 416 | | authorized by Chapter 39A after the applicable school year on the |
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417 | 417 | | district or the district's campuses. |
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418 | 418 | | SECTION 20. The heading to Section 39.025, Education Code, |
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419 | 419 | | is amended to read as follows: |
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420 | 420 | | Sec. 39.025. USE OF END-OF-COURSE ASSESSMENT INSTRUMENT |
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421 | 421 | | [SECONDARY-LEVEL PERFORMANCE REQUIRED]. |
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422 | 422 | | SECTION 21. Section 39.025(a), Education Code, is amended |
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423 | 423 | | to read as follows: |
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424 | 424 | | (a) The commissioner shall adopt rules requiring a student |
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425 | 425 | | in the foundation high school program under Section 28.025 to be |
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426 | 426 | | administered an end-of-course assessment instrument listed in |
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427 | 427 | | Section 39.023(c) only for a course in which the student is enrolled |
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428 | 428 | | and for which an end-of-course assessment instrument is |
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429 | 429 | | administered. Each student's performance on an end-of-course |
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430 | 430 | | assessment instrument shall be evaluated to determine whether the |
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431 | 431 | | [A] student achieved [is required to achieve] a scale score that |
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432 | 432 | | indicates satisfactory performance, as determined by the |
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433 | 433 | | commissioner under Section 39.0241(a)[, on each end-of-course |
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434 | 434 | | assessment instrument administered to the student]. The results of |
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435 | 435 | | the administration of an end-of-course assessment instrument |
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436 | 436 | | required under this subsection may not be used as criteria for |
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437 | 437 | | graduation. The results may be used only for the purpose of |
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438 | 438 | | diagnosing the academic strengths and deficiencies of a student and |
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439 | 439 | | guiding specific instruction to the student. [For each scale score |
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440 | 440 | | required under this subsection that is not based on a 100-point |
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441 | 441 | | scale scoring system, the commissioner shall provide for |
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442 | 442 | | conversion, in accordance with commissioner rule, of the scale |
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443 | 443 | | score to an equivalent score based on a 100-point scale scoring |
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444 | 444 | | system. A student may not receive a high school diploma until the |
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445 | 445 | | student has performed satisfactorily on end-of-course assessment |
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446 | 446 | | instruments in the manner provided under this subsection.] This |
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447 | 447 | | subsection does not require a student to demonstrate readiness to |
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448 | 448 | | enroll in an institution of higher education. |
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449 | 449 | | SECTION 22. Section 39.034(d), Education Code, is amended |
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450 | 450 | | to read as follows: |
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451 | 451 | | (d) The agency shall determine the necessary annual |
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452 | 452 | | improvement required each year for a student to be prepared to |
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453 | 453 | | perform satisfactorily on, as applicable: |
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454 | 454 | | (1) the grade five assessment instruments; |
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455 | 455 | | (2) the grade eight assessment instruments; and |
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456 | 456 | | (3) the end-of-course assessment instruments listed |
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457 | 457 | | in Section 39.023(c) [required under this subchapter for |
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458 | 458 | | graduation]. |
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459 | 459 | | SECTION 23. Section 39.053(c), Education Code, is amended |
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460 | 460 | | to read as follows: |
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461 | 461 | | (c) School districts and campuses must be evaluated based on |
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462 | 462 | | three domains of indicators of achievement adopted under this |
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463 | 463 | | section that include: |
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464 | 464 | | (1) in the student achievement domain, indicators of |
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465 | 465 | | student achievement that must include: |
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466 | 466 | | (A) for evaluating the performance of districts |
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467 | 467 | | and campuses generally: |
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468 | 468 | | (i) an indicator that accounts for the |
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469 | 469 | | results of assessment instruments required under Sections |
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470 | 470 | | 39.023(a), (c), and (l), as applicable for the district and campus, |
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471 | 471 | | including the results of those assessment instruments [required for |
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472 | 472 | | graduation] retaken by a student, aggregated across grade levels by |
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473 | 473 | | subject area, including: |
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474 | 474 | | (a) for the performance standard |
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475 | 475 | | determined by the commissioner under Section 39.0241(a), the |
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476 | 476 | | percentage of students who performed satisfactorily on the |
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477 | 477 | | assessment instruments, aggregated across grade levels by subject |
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478 | 478 | | area; and |
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479 | 479 | | (b) for the college readiness |
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480 | 480 | | performance standard as determined under Section 39.0241, the |
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481 | 481 | | percentage of students who performed satisfactorily on the |
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482 | 482 | | assessment instruments, aggregated across grade levels by subject |
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483 | 483 | | area; and |
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484 | 484 | | (ii) an indicator that accounts for the |
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485 | 485 | | results of assessment instruments required under Section |
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486 | 486 | | 39.023(b), as applicable for the district and campus, including the |
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487 | 487 | | percentage of students who performed satisfactorily on the |
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488 | 488 | | assessment instruments, as determined by the performance standard |
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489 | 489 | | adopted by the agency, aggregated across grade levels by subject |
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490 | 490 | | area; and |
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491 | 491 | | (B) for evaluating the performance of high school |
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492 | 492 | | campuses and districts that include high school campuses, |
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493 | 493 | | indicators that account for: |
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494 | 494 | | (i) students who satisfy the Texas Success |
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495 | 495 | | Initiative (TSI) college readiness benchmarks prescribed by the |
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496 | 496 | | Texas Higher Education Coordinating Board under Section 51.334 on |
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497 | 497 | | an assessment instrument in reading or mathematics designated by |
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498 | 498 | | the coordinating board under that section; |
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499 | 499 | | (ii) students who satisfy relevant |
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500 | 500 | | performance standards on advanced placement tests or similar |
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501 | 501 | | assessments; |
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502 | 502 | | (iii) students who earn dual course credits |
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503 | 503 | | in the dual credit courses; |
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504 | 504 | | (iv) students who enlist in the armed |
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505 | 505 | | forces of the United States or the Texas National Guard; |
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506 | 506 | | (v) students who earn industry |
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507 | 507 | | certifications; |
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508 | 508 | | (vi) students admitted into postsecondary |
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509 | 509 | | industry certification programs that require as a prerequisite for |
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510 | 510 | | entrance successful performance at the secondary level; |
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511 | 511 | | (vii) students whose successful completion |
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512 | 512 | | of a course or courses under Section 28.014 indicates the student's |
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513 | 513 | | preparation to enroll and succeed, without remediation, in an |
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514 | 514 | | entry-level general education course for a baccalaureate degree or |
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515 | 515 | | associate degree; |
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516 | 516 | | (viii) students who successfully met |
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517 | 517 | | standards on a composite of indicators that through research |
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518 | 518 | | indicates the student's preparation to enroll and succeed, without |
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519 | 519 | | remediation, in an entry-level general education course for a |
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520 | 520 | | baccalaureate degree or associate degree; |
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521 | 521 | | (ix) high school graduation rates, computed |
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522 | 522 | | in accordance with standards and definitions adopted in compliance |
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523 | 523 | | with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) |
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524 | 524 | | subject to the exclusions provided by Subsections (g), (g-1), |
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525 | 525 | | (g-2), (g-3), and (g-4); |
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526 | 526 | | (x) students who successfully completed an |
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527 | 527 | | OnRamps dual enrollment course; |
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528 | 528 | | (xi) students who successfully completed a |
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529 | 529 | | practicum or internship approved by the State Board of Education; |
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530 | 530 | | (xii) students who are awarded an associate |
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531 | 531 | | degree; and |
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532 | 532 | | (xiii) students who successfully completed |
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533 | 533 | | a program of study in career and technical education; |
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534 | 534 | | (2) in the school progress domain, indicators for |
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535 | 535 | | effectiveness in promoting student learning, which must include: |
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536 | 536 | | (A) for assessment instruments, including |
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537 | 537 | | assessment instruments under Subdivisions (1)(A)(i) and (ii), the |
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538 | 538 | | percentage of students who met the standard for improvement, as |
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539 | 539 | | determined by the commissioner; and |
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540 | 540 | | (B) for evaluating relative performance, the |
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541 | 541 | | performance of districts and campuses compared to similar districts |
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542 | 542 | | or campuses; and |
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543 | 543 | | (3) in the closing the gaps domain, the use of |
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544 | 544 | | disaggregated data to demonstrate the differentials among students |
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545 | 545 | | from different racial and ethnic groups, socioeconomic |
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546 | 546 | | backgrounds, and other factors, including: |
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547 | 547 | | (A) students formerly receiving special |
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548 | 548 | | education services; |
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549 | 549 | | (B) students continuously enrolled; and |
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550 | 550 | | (C) students who are mobile. |
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551 | 551 | | SECTION 24. Section 39.203(c), Education Code, is amended |
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552 | 552 | | to read as follows: |
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553 | 553 | | (c) In addition to the distinction designations described |
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554 | 554 | | by Subsections (a) and (b), a campus that satisfies the criteria |
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555 | 555 | | developed under Section 39.204 shall be awarded a distinction |
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556 | 556 | | designation by the commissioner for outstanding performance in |
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557 | 557 | | academic achievement in reading [English language arts], |
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558 | 558 | | mathematics, or science[, or social studies]. |
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559 | 559 | | SECTION 25. The following provisions of the Education Code |
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560 | 560 | | are repealed: |
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561 | 561 | | (1) Section 12.104(b-2); |
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562 | 562 | | (2) Section 19.0043(c); |
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563 | 563 | | (3) Sections 28.0211(o) and (p); |
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564 | 564 | | (4) Sections 28.025(c-6) and (d); |
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565 | 565 | | (5) Section 28.0258; |
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566 | 566 | | (6) Section 28.0259; |
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567 | 567 | | (7) Section 30.104(c); |
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568 | 568 | | (8) Section 39.023(c-9); and |
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569 | 569 | | (9) Sections 39.025(a-1), (a-2), (a-3), (a-4), (a-5), |
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570 | 570 | | (b), (c), (c-1), (c-2), (d), (e), (f), (f-1), (f-2), and (g). |
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571 | 571 | | SECTION 26. (a) As soon as practicable after the effective |
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572 | 572 | | date of this Act, each school district that provided notice to an |
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573 | 573 | | eighth grade student during the 2024-2025 school year under Section |
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574 | 574 | | 39.025(g), Education Code, as that section existed before its |
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575 | 575 | | repeal by this Act, shall send an updated notice to that student |
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576 | 576 | | informing the student of the specific requirements applicable to |
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577 | 577 | | the student under Sections 39.023(c) and 39.025(a), Education Code, |
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578 | 578 | | as amended by this Act. |
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579 | 579 | | (b) As soon as practicable after the effective date of this |
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580 | 580 | | Act, the commissioner of education shall determine the level of |
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581 | 581 | | performance considered to be satisfactory as required under Section |
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582 | 582 | | 39.0241(a), Education Code, on the assessment instrument required |
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583 | 583 | | under Section 39.023(c), Education Code, as amended by this Act. |
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584 | 584 | | SECTION 27. This Act applies beginning with the 2025-2026 |
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585 | 585 | | school year. |
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586 | 586 | | SECTION 28. This Act takes effect immediately if it |
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587 | 587 | | receives a vote of two-thirds of all the members elected to each |
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588 | 588 | | house, as provided by Section 39, Article III, Texas Constitution. |
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589 | 589 | | If this Act does not receive the vote necessary for immediate |
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590 | 590 | | effect, this Act takes effect September 1, 2025. |
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