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A BILL TO BE ENTITLED
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AN ACT
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relating to end-of-course assessment instruments administered to |
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public high school students. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 39.023(c), Education Code, is amended to |
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read as follows: |
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(c) The agency shall also adopt end-of-course assessment |
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instruments for secondary-level courses in Algebra I, Algebra II, |
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geometry, biology, chemistry, physics, English I, English II, |
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English III, world geography, world history, and United States |
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history. The Algebra I, Algebra II, and geometry end-of-course |
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assessment instruments must be administered with the aid of |
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technology. A school district shall comply with State Board of |
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Education rules regarding administration of the assessment |
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instruments listed in this subsection. A district [and] shall adopt |
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a policy addressing whether [that requires] a student's performance |
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on an end-of-course assessment instrument for a course listed in |
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this subsection in which the student is enrolled will be used by the |
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district in determining [to account for 15 percent of] the |
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student's final grade for the course and, if so, the manner in which |
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the student's performance on an end-of-course assessment |
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instrument will be used in determining the student's final grade |
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for the course. If a student retakes an end-of-course assessment |
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instrument for a course listed in this subsection, as provided by |
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Section 39.025, a [school] district shall act in accordance with |
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district policy concerning whether [is not required] to use and, if |
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so, the manner in which to use the student's performance on the |
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subsequent administration or administrations of the assessment |
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instrument in determining [to determine] the student's final grade |
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for the course. If a student is in a special education program |
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under Subchapter A, Chapter 29, the student's admission, review, |
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and dismissal committee shall determine whether any allowable |
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modification is necessary in administering to the student an |
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assessment instrument required under this subsection. The State |
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Board of Education shall administer the assessment instruments. |
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The State Board of Education shall adopt a schedule for the |
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administration of end-of-course assessment instruments that |
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complies with the requirements of Subsection (c-3). |
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SECTION 2. Section 39.025, Education Code, is amended by |
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amending Subsections (a), (a-2), (b), (b-2), (f), and (g) and |
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adding Subsection (a-4) to read as follows: |
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(a) The commissioner shall adopt rules requiring a student |
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participating in the recommended or advanced high school program to |
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be administered each end-of-course assessment instrument listed in |
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Section 39.023(c) and requiring a student participating in the |
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minimum high school program to be administered an end-of-course |
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assessment instrument listed in Section 39.023(c) only for a course |
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in which the student is enrolled and for which an end-of-course |
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assessment instrument is administered. Except as otherwise |
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provided by Subsection (a-2), (a-4), or (d), to receive a high |
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school diploma a [A] student is required to achieve, in each subject |
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in the foundation curriculum under Section 28.002(a)(1), a |
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cumulative score that is at least equal to the product of the number |
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of end-of-course assessment instruments administered to the |
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student in that subject and a scale score that indicates |
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satisfactory performance, as determined by the commissioner under |
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Section 39.0241(a). A student must achieve a minimum score as |
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determined by the commissioner to be within a reasonable range of |
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the scale score under Section 39.0241(a) on an end-of-course |
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assessment instrument for the score to count towards the student's |
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cumulative score. For purposes of this subsection, a student's |
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cumulative score is determined using the student's highest score on |
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each end-of-course assessment instrument administered to the |
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student. For each scale score required under this subsection that |
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is not based on a 100-point scale scoring system, the commissioner |
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shall provide for conversion, in accordance with commissioner rule, |
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of the scale score to an equivalent score based on a 100-point scale |
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scoring system. [A student may not receive a high school diploma
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until the student has performed satisfactorily on the end-of-course
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assessment instruments in the manner provided under this
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subsection.] This subsection does not require a student to |
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demonstrate readiness to enroll in an institution of higher |
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education. |
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(a-2) In lieu of satisfying [addition to] the cumulative |
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score requirements under Subsection (a), to graduate under the |
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recommended high school program, a student must achieve a score |
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that meets or exceeds the score determined by the commissioner |
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under Section 39.0241(a) on end-of-course assessment instruments |
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for the following: |
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(1) English III; |
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(2) [and] Algebra II; |
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(3) biology, chemistry, or physics; and |
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(4) world geography, world history, or United States |
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history [end-of-course assessment instruments to graduate under
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the recommended high school program]. |
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(a-4) In lieu of satisfying the cumulative score |
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requirements under Subsection (a), to graduate under the minimum |
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high school program, a student must achieve a score that meets or |
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exceeds the score determined by the commissioner under Section |
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39.0241(a) on end-of-course assessment instruments for the |
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following: |
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(1) English III; |
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(2) Algebra I; |
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(3) biology, chemistry, or physics; and |
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(4) world geography, world history, or United States |
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history. |
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(b) Each time an end-of-course assessment instrument is |
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administered, a student who failed to achieve a minimum score under |
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Subsection (a) may [shall] retake the assessment instrument. A |
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student who fails to perform satisfactorily on an Algebra II or |
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English III end-of-course assessment instrument under the college |
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readiness performance standard, as provided under Section |
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39.024(b), may retake the assessment instrument. [Any other student
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may retake an end-of-course assessment instrument for any reason.] |
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A student is not required to retake a course as a condition of |
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retaking an end-of-course assessment instrument. |
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(b-2) If a school district determines that a student, on |
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completion of grade 11, is unlikely to achieve the cumulative score |
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requirements for one or more subjects prescribed by Subsection (a) |
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for receiving a high school diploma or to satisfy the alternative |
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score requirements under Subsection (a-2) or (a-4), as applicable |
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for receiving a high school diploma, the district shall require the |
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student to enroll in an appropriate [a corresponding] content-area |
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college preparatory course for which an end-of-course assessment |
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instrument has been adopted, if available. A student who enrolls in |
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a college preparatory course described by this subsection shall be |
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administered an end-of-course assessment instrument for the |
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course, with the end-of-course assessment instrument scored on a |
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scale as determined by the commissioner not to exceed 20 percent of |
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the cumulative score requirements required to graduate as |
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determined under Subsection (a). A student may use the student's |
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score on the end-of-course assessment instrument for the college |
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preparatory course towards satisfying the [cumulative] score |
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requirements prescribed by this section, as applicable to the |
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student [Subsection (a)]. |
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(f) The commissioner shall by rule adopt a transition plan |
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to implement the amendments made by Chapter 1312 (S.B. No. 1031), |
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Acts of the 80th Legislature, Regular Session, 2007, replacing |
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general subject assessment instruments administered at the high |
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school level with end-of-course assessment instruments. The rules |
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must provide for the end-of-course assessment instruments adopted |
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under Section 39.023(c) to be administered beginning with students |
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entering the ninth grade during the 2011-2012 school year. During |
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the period under which the transition to end-of-course assessment |
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instruments is made: |
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(1) for students entering a grade above the ninth |
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grade during the 2011-2012 school year and to the extent necessary |
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for purposes of Subdivision (5), the commissioner shall retain, |
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administer, and use for purposes of accreditation and other campus |
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and district accountability measures under this chapter the |
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assessment instruments required by Section 39.023(a) or (c), as |
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that section existed before amendment by Chapter 1312 (S.B. No. |
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1031), Acts of the 80th Legislature, Regular Session, 2007; |
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(2) a student subject to Subdivision (1) may not |
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receive a high school diploma unless the student has performed |
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satisfactorily on each required assessment instrument administered |
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under Section 39.023(c) as that section existed before amendment by |
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Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature, Regular |
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Session, 2007; [and] |
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(3) the agency may defer releasing assessment |
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instrument questions and answer keys as required by Section |
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39.023(e) to the extent necessary to develop additional assessment |
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instruments; |
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(4) a student entering ninth grade during the |
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2011-2012 or 2012-2013 school year shall be administered each |
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end-of-course assessment instrument listed in Section 39.023(c) |
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for a course in which the student is enrolled and for which an |
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end-of-course assessment instrument is administered; |
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(5) a student subject to Subdivision (4) may not |
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receive a high school diploma unless the student: |
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(A) achieves a score that meets or exceeds the |
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score determined by the commissioner under Section 39.0241(a) on |
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end-of-course assessment instruments for the following: |
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(i) English III; |
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(ii) Algebra II; |
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(iii) biology, chemistry, or physics; and |
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(iv) world geography, world history, or |
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United States history; or |
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(B) has performed satisfactorily on each |
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required assessment instrument administered under Section |
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39.023(c), as that section existed before amendment by Chapter 1312 |
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(S.B. No. 1031), Acts of the 80th Legislature, Regular Session, |
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2007; and |
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(6) a student entering ninth grade during the |
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2013-2014 school year or a later school year may not receive a high |
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school diploma unless the student has satisfied the requirements of |
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Subsection (a), (a-2), (a-3), or (a-4), as applicable to the |
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student. |
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(g) Rules adopted under Subsection (f) must require that |
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each student who will be subject to the requirements of Subsection |
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(a), (a-2), (a-3), (a-4), or (f)(4) is entitled to notice of the |
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specific requirements applicable to the student. Notice under this |
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subsection must be provided not later than the date the student |
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enters the eighth grade. Subsection (f) and this subsection expire |
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September 1, 2017 [2015]. |
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SECTION 3. (a) A school district policy adopted under |
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Section 39.023(c), Education Code, as amended by this Act, applies |
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beginning with the 2011-2012 school year. |
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(b) Section 39.025(b), Education Code, as amended by this |
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Act, applies beginning with the 2011-2012 school year. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |