78R2843 ESH-D

By:  Olivo                                                        H.B. No. 336



A BILL TO BE ENTITLED

AN ACT

relating to the requirements for a high school diploma.                       
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 28.025(a), (c), and (d), Education 
Code, as amended by Chapters 187 and 834, Acts of the 77th 
Legislature, Regular Session, 2001, are amended and reenacted to 
read as follows:
	(a)  The State Board of Education by rule shall determine 
curriculum requirements for the minimum, recommended, and advanced 
high school programs that are consistent with the required 
curriculum under Section 28.002.
	(c)  A person may receive a diploma if the person is eligible 
for a diploma under Section 28.0251.  In other cases, a [A] student 
may graduate and receive a diploma only if:
		(1)  the student successfully completes the curriculum 
requirements identified by the State Board of Education under 
Subsection (a) and:
			(A)  complies with Section 39.025(a); or                              
			(B)  meets the alternative graduation criteria 
prescribed under Section 28.0252; or
		(2)  the student successfully completes an 
individualized education program developed under Section 29.005.
	(d)  A school district may issue a certificate of coursework 
completion to a student who successfully completes the curriculum 
requirements identified by the State Board of Education under 
Subsection (a) but who fails to comply with Section 39.025(a) or the 
alternative graduation criteria under Section 28.0252.  A school 
district may allow a student who receives a certificate to 
participate in a graduation ceremony with students receiving high 
school diplomas.
	SECTION 2.  Subchapter B, Chapter 28, Education Code, is 
amended by adding Section 28.0252 to read as follows:
	Sec. 28.0252.  ALTERNATIVE GRADUATION CRITERIA.  (a)  The 
commissioner by rule shall prescribe alternative graduation 
criteria that a student may meet to graduate and receive a diploma 
without complying with Section 39.025(a).  The alternative 
graduation criteria must be compensatory criteria.  The alternative 
graduation criteria must include a student's:
		(1)  grade point average beginning in grade 9;                         
		(2)  current class ranking;                                            
		(3)  performance on the individual assessment 
instruments specified in Section 39.025(a);
		(4)  combined scores, using only the student's highest 
scores, on the assessment instruments specified in Section 
39.025(a); and
		(5)  overall academic performance beginning in grade 9, 
as evaluated by two or more of the student's teachers.
	(b)  A committee composed of the student's high school 
principal or the principal's designee and two certified teachers in 
the student's school district who teach at the high school level 
shall determine whether a student who has not complied with Section 
39.025(a) has met the alternative graduation criteria prescribed 
under Subsection (a).  The commissioner shall adopt rules relating 
to the selection and operation of a committee under this 
subsection, including the method by which the committee must notify 
the student and the student's high school registrar, or the person 
performing the duties of a registrar, of the committee's decision.
	(c)  A committee established under Subsection (b) shall 
determine whether a student who has not complied with Section 
39.025(a) has met the alternative graduation criteria prescribed 
under Subsection (a):
		(1)  following the first administration to the student 
of the assessment instruments specified in Section 39.025(a);
		(2)  on written request of the student's parent or 
guardian, not more than one time in each school year following the 
school year in which the assessment instruments specified in 
Section 39.025(a) are first administered to the student; and
		(3)  when the principal of the student's high school, or 
the principal's designee, determines that the student is within one 
month of completing each requirement for a high school diploma 
other than compliance with Section 39.025(a).
	SECTION 3.  (a)  Section 28.025, Education Code, as amended 
by this Act, and Section 28.0252, Education Code, as added by this 
Act, apply beginning with the 2004-2005 school year.
	(b)  Not later than June 1, 2004, the commissioner of 
education shall adopt rules as required by Sections 28.0252(a) and 
(b), Education Code, as added by this Act.
	SECTION 4.  This Act takes effect September 1, 2003.