By: Patrick, Branch (Senate Sponsor - Shapiro) H.B. No. 3468

(In the Senate - Received from the House March 5, 2011; May 9, 2011, read first time and referred to Committee on Education; May 20, 2011, reported adversely, with favorable Committee Substitute by the following vote: Yeas 7, Nays 0; May 20, 2011, sent to printer.)

COMMITTEE SUBSTITUTE FOR H.B. No. 3468 By: Shapiro

A BILL TO BE ENTITLED

AN ACT

relating to high school readiness, to the assessment of public school students for college readiness and developmental education courses to prepare students for college-level coursework, and to teacher certification to teach at certain grade levels in public school.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 21.041, Education Code, is amended by adding Subsections (e), (f), (f-1), and (f-2) to read as follows:

(e) In proposing rules under Subsection (b)(2), the board shall ensure that a person seeking to teach a subject in the foundation curriculum under Section 28.002(a)(1) at the seventh grade level or above is required to hold a certificate that indicates the person's mastery of the specific subject taught. To achieve this result, the board shall not issue a generalist certificate that authorizes a person to teach a subject in the foundation curriculum under Section 28.002(a)(1) at the seventh grade level or above.

(f) Subsection (e) applies to initial certificates issued on or after September 1, 2013. Subsection (e) does not affect the validity of a certificate issued before that date or the eligibility of a person holding such a certificate for subsequent renewals of the certificate in accordance with board rules.

(f-1) In implementing Subsection (e), the board shall ensure that the subject area examinations administered to persons seeking certificates at the seventh grade level and above in English language arts, mathematics, science, or social studies are at least as rigorous as the examinations administered before September 1, 2013, to persons seeking grades 8-12 certificates to teach in those subject areas.

(f-2) Subsection (f-1) and this subsection expire September 1, 2013.

SECTION 2. Section 21.4551, Education Code, is amended by adding Subsection (b-1) to read as follows:

(b-1) In addition to the components described by Subsection (b), the commissioner shall ensure that each academy developed and made available under this section includes a component on providing students with writing instruction.

SECTION 3. Subchapter A, Chapter 28, Education Code, is amended by adding Section 28.0141 to read as follows:

Sec. 28.0141. STUDY AND REPORT ON EARLY COLLEGE READINESS ASSESSMENTS. (a) The agency, in consultation with the Texas Higher Education Coordinating Board, shall conduct a study of best practices for and existing programs offering early assessments of high school students in order to determine college readiness, identify any deficiencies in college readiness, and provide intervention to address any deficiencies before high school graduation. In conducting the study, the agency, in consultation with the coordinating board, shall review:

(1) various assessments, including end-of-course assessment instruments under Section 39.023(c), each assessment currently used under Section 51.3062, and any assessment being proposed as a statewide model by the coordinating board under Section 51.3062(v), for identifying students who need additional assistance in preparing for college;

(2) various early intervention models, including:

(A) summer bridge programs;

(B) college preparatory courses for credit toward high school graduation;

(C) developmental education programs, including college readiness programs under Section 39.234, and college study skills courses; and

(D) dual credit courses;

(3) the costs associated with different assessments and early intervention models; and

(4) the effectiveness of different assessments and early intervention models in preparing students for college coursework for which course credit may be earned.

(b) Not later than December 1, 2012, the agency, in consultation with the Texas Higher Education Coordinating Board, public institutions of higher education, and school districts, shall submit to the governor, the lieutenant governor, the speaker of the house of representatives, and the presiding officer of each legislative standing committee with primary jurisdiction over primary and secondary education, higher education, or state appropriations a written report that contains recommendations for promoting and implementing early assessments of college readiness that are of a diagnostic nature and early intervention models for preparing high school students for college coursework for which course credit may be earned.

(c) This section expires January 1, 2013.

SECTION 4. Subchapter A, Chapter 28, Education Code, is amended by adding Section 28.015 to read as follows:

Sec. 28.015. HIGH SCHOOL READINESS PILOT PROGRAM. (a) The agency shall develop and implement a high school readiness pilot program under which:

(1) a participating school with students enrolled at the sixth, seventh, and eighth grade levels shall enroll all students at those levels in a student advisory class; and

(2) a participating high school shall provide annual high school orientation sessions for parents of students who are enrolled at the sixth, seventh, and eighth grade levels in the high school's attendance zone.

(b) An application to participate in the program may be submitted by an individual school or by a school district on behalf of multiple schools located in the district. To be eligible to participate in the component of the program described by Subsection (a)(1), a school must:

(1) be a school for which the district in which the school is located receives funding under Title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. Section 6301 et seq.) or be a school that, as determined by the commissioner, is a low-performing school under Chapter 39 or has a high percentage of students who are at risk of dropping out of school, as defined by Section 29.081(d); and

(2) have students enrolled at the seventh and eighth grade levels.

(c) The agency shall develop standards and guidelines for the student advisory class. The standards and guidelines must:

(1) at a minimum, require that the class provide instruction about:

(A) school culture;

(B) school procedures;

(C) test-taking skills;

(D) study skills;

(E) positive academic behaviors;

(F) civic and community responsibility; and

(G) high school and college readiness;

(2) permit the class to be offered as an electronic course through the state virtual school network under Chapter 30A; and

(3) provide that the class be taught, if practicable, by an educator who does not instruct the enrolled students in other coursework.

(d) The agency shall develop standards and guidelines for the high school orientation session. An orientation session must:

(1) prepare a parent for the transition to high school of the parent's child;

(2) allow a parent to meet and interact with high school teachers and administrators;

(3) provide a parent with information regarding:

(A) high school curriculum, including the curriculum requirements for the minimum, recommended, and advanced high school programs under Section 28.025; and

(B) high school options available to the parent's child, including any high school magnet programs, academies, or similar special programs available in the district;

(4) address the role of the parent in assisting the parent's child in performing successfully in high school; and

(5) provide a parent with a written document that addresses frequently asked questions from parents regarding the transition to high school.

SECTION 5. Subsection (d), Section 29.081, Education Code, is amended to read as follows:

(d) For purposes of this section, "student at risk of dropping out of school" includes each student who is under 21 years of age and who:

(1) was not advanced from one grade level to the next for one or more school years;

(2) if the student is in grade 6, 7, 8, 9, 10, 11, or 12, did not maintain an average equivalent to 70 on a scale of 100 in two or more subjects in the foundation curriculum during a semester in the preceding or current school year or is not maintaining such an average in two or more subjects in the foundation curriculum in the current semester;

(3) did not perform satisfactorily on an assessment instrument administered to the student under Subchapter B, Chapter 39, and who has not in the previous or current school year subsequently performed on that instrument or another appropriate instrument at a level equal to at least 110 percent of the level of satisfactory performance on that instrument;

(4) if the student is in prekindergarten, kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on a readiness test or assessment instrument administered during the current school year;

(5) is pregnant or is a parent;

(6) has been placed in an alternative education program in accordance with Section 37.006 during the preceding or current school year;

(7) has been expelled in accordance with Section 37.007 during the preceding or current school year;

(8) is currently on parole, probation, deferred prosecution, or other conditional release;

(9) was previously reported through the Public Education Information Management System (PEIMS) to have dropped out of school;

(10) is a student of limited English proficiency, as defined by Section 29.052;

(11) is in the custody or care of the Department of Protective and Regulatory Services or has, during the current school year, been referred to the department by a school official, officer of the juvenile court, or law enforcement official;

(12) is homeless, as defined by 42 U.S.C. Section 11302, and its subsequent amendments; or

(13) resided in the preceding school year or resides in the current school year in a residential placement facility in the district, including a detention facility, substance abuse treatment facility, emergency shelter, psychiatric hospital, halfway house, or foster group home.

SECTION 6. Subchapter C, Chapter 29, Education Code, is amended by adding Section 29.100 to read as follows:

Sec. 29.100. EARLY IDENTIFICATION AND INTERVENTION. (a) Each year a school with students enrolled at the sixth, seventh, or eighth grade level shall:

(1) identify the students at each of those grade levels who are at risk of dropping out of school, as defined by Section 29.081(d), or who are likely to become at risk of dropping out of school, as determined in accordance with rules adopted by the commissioner; and

(2) determine the specific interventions that the school will use to address the needs of students at each of those grade levels who are at risk of dropping out of school, as defined by Section 29.081(d).

(b) Not later than July 1 of each year, a school with students enrolled at a grade level from which students are promoted to high school must provide each high school to which students at the school are promoted with:

(1) the names of students entering the high school at the beginning of the next school year that have been identified under Subsection (a)(1); and

(2) if applicable, the specific interventions used with each student named under Subdivision (1).

(c) The commissioner shall adopt rules necessary to implement this section.

SECTION 7. Subchapter H, Chapter 29, Education Code, is amended by adding Section 29.2531 to read as follows:

Sec. 29.2531. ADULT EDUCATION ASSESSMENT. The Texas Education Agency shall, in consultation with the Texas Higher Education Coordinating Board, review the standardized assessment mechanism required under Section 29.252(a)(8) and recommend any changes necessary to align the assessment with the assessments designated under Section 51.3062 to allow for the proper placement of a student in an adult basic education course or to provide the student with the proper developmental or English as a second language coursework, as appropriate.

SECTION 8. Subsection (c-1), Section 42.152, Education Code, is amended to read as follows:

(c-1) Notwithstanding Subsection (c), funds allocated under this section may be used to fund in proportion to the percentage of students served by the program that meet the criteria in Section 29.081(d) or (g):

(1) an accelerated reading instruction program under Section 28.006(g); [or]

(2) a program for treatment of students who have dyslexia or a related disorder as required by Section 38.003; or

(3) an extended learning time program grounded in practices that are proven effective in improving student retention and performance and in preparing students for future college and career readiness.

SECTION 9. Section 51.3062, Education Code, is amended by adding Subsections (t), (t-1), (u), (v), and (w) to read as follows:

(t) To allow a student to complete any necessary developmental coursework in the most efficient and cost-effective manner, the board shall encourage institutions of higher education to offer various types of developmental coursework that address various levels of deficiency in readiness to perform college coursework for which course credit may be earned, as determined on the basis of assessments as described by Subsection (f). The types of developmental coursework may include:

(1) course-based programs;

(2) non-course-based programs, such as advising programs;

(3) module format programs;

(4) competency-based education programs; and

(5) programs under which the student is pairing or taking concurrently a developmental education course and another course in the same subject area for which course credit may be earned.

(t-1) The board may adopt rules as necessary to implement Subsection (t).

(u) The board, in consultation with institutions of higher education, shall use evidence-based studies and existing data to study and analyze:

(1) assessment instruments that are currently used or could be used by institutions to comply with this section, including the diagnostic reliability and cost-effectiveness of those assessment instruments;

(2) differentiated placements for developmental coursework based on a student's demonstrated proficiencies or deficiencies in readiness to perform college coursework for which course credit may be earned, as determined on the basis of assessments as described by Subsection (f), including the extent to which various types of placements result in or serve efficient, cost-effective, and successful developmental education;

(3) whether the funding formulas under Subsection (m) and under Section 61.059, as applied to developmental coursework, result in or serve efficient and cost-effective implementation of successful developmental education; and

(4) whether any of the nonapplicability categories under Subsection (r) should be retained.

(v) Not later than December 1, 2012, the board shall submit a written report based on the study under Subsection (u) to the governor, lieutenant governor, speaker of the house of representatives, and presiding officer of each legislative standing committee with primary jurisdiction over higher education or state appropriations recommending, to the extent practicable, a statewide diagnostic standard assessment instrument for purposes of this section that allows for:

(1) accurate diagnosis and targeted intervention for students who are identified as requiring developmental coursework;

(2) appropriate placement to provide the type and level of developmental coursework that allow a student to receive developmental education in the most efficient, cost-effective, and successful manner; and

(3) the most effective use of formula funding with regard to developmental coursework targeted to students' needs.

(w) Subsections (u) and (v) and this subsection expire January 1, 2013.

SECTION 10. Section 61.059, Education Code, is amended by adding Subsection (b-1) to read as follows:

(b-1) The board shall include in its periodic review of formulas under Subsection (b) recommendations for changes in funding formulas for developmental education programs based on the results of the study conducted under Section 51.3062(u) and the report submitted under Section 51.3062(v). This subsection expires January 1, 2015.

SECTION 11. The commissioner of education shall implement Subsection (b-1), Section 21.4551, Education Code, as added by this Act, beginning with reading academies offered on or after January 1, 2012.

SECTION 12. The Texas Education Agency shall develop standards and guidelines for the student advisory class and high school orientation session in compliance with Section 28.015, Education Code, as added by this Act, as soon as possible after the effective date of this Act. The agency shall fully implement the pilot program required by Section 28.015, Education Code, as added by this Act, not later than the 2012-2013 school year.

SECTION 13. Section 29.100, Education Code, as added by this Act, applies beginning with the 2012-2013 school year.

SECTION 14. The changes in law made by this Act to Sections 21.041, 29.081, and 42.152, Education Code, apply beginning with the 2011-2012 school year.

SECTION 15. The change in law made by this Act to Section 61.059, Education Code, applies beginning with periodic reviews submitted on or after December 1, 2012.

SECTION 16. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.

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