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A BILL TO BE ENTITLED
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AN ACT
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relating to the Texas High Performance Schools Consortium. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 7.0561, Education Code, is amended by |
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amending Subsections (a), (b), (d), and (j) and adding Subsections |
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(k), (l), and (m) to read as follows: |
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(a) In this section: |
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(1) "College readiness standards" mean the college |
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readiness standards established under Section 28.008 as part of the |
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essential knowledge and skills of the foundation curriculum and |
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assessed under Section 39.023. |
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(2) "Consortium" [, "consortium"] means the Texas High |
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Performance Schools Consortium established under this section. |
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(3) "Participant campus" means a school district |
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campus or open-enrollment charter school that has been selected for |
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and is participating in the consortium. |
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(4) "Participant district" means a school district |
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that has one or more campuses participating in the consortium. |
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(b) The Texas High Performance Schools Consortium is |
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established to inform the governor, legislature, State Board of |
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Education, and commissioner concerning methods for transforming |
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public schools in this state by improving student learning through |
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the development of innovative, next-generation learning standards |
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and assessment and accountability systems. |
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(d) The number of students initially enrolled in |
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participant campuses [consortium participants] may not be greater |
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than a number equal to five percent of the total number of students |
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enrolled in public schools in this state according to the most |
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recent agency data. With approval of the commissioner, a |
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participant district may add one or more district campuses to the |
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consortium. |
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(j) With the assistance of the school districts and |
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open-enrollment charter schools participating in the consortium, |
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the commissioner shall submit reports concerning the performance |
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and progress of the consortium to the governor, [and] the |
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legislature, and the State Board of Education not later than |
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December 1, 2012, not later than December 1, 2014, and not later |
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than December 1, 2016 [2014]. |
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(1) The report submitted not later than December 1, |
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2012, must include any recommendation by the commissioner |
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concerning legislative authorization for the commissioner to waive |
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a prohibition, requirement, or restriction that applies to a |
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[consortium] participant. That report must also include a plan for |
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an effective and efficient accountability system for participant |
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campuses and districts [consortium participants] that balances |
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academic excellence and local values to inspire learning and, at |
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the state level, contingent on any necessary waiver of federal law, |
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may incorporate use of a stratified random sampling of students or |
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other objective methodology to hold participant campuses and |
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districts [consortium participants] accountable while attempting |
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to reduce the number of state assessment instruments that are |
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required to be administered to students. The commissioner shall |
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seek a federal waiver, to any extent necessary, to prepare for |
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implementation of the plan if enacted by the legislature. |
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(2) The report submitted not later than December 1, |
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2014, must include an update on the effectiveness with which |
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participant campuses are closing gaps in achievement on college |
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readiness standards, an evaluation of teaching fewer, |
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high-priority learning standards in depth, and any recommendations |
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for legislation. The report must address the effectiveness of the |
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use of methods, including focus on high-priority standards; digital |
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learning, such as blended learning, personalized learning, flipped |
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classrooms, adaptive learning, and virtual learning; the use of |
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multiple assessments that provide more precise, useful, and timely |
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information; and reliance on local control that enables greater |
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community and parental involvement. |
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(3) The report submitted not later than December 1, |
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2016, must include an update on the effectiveness with which |
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participant campuses are addressing closing gaps in achievement on |
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college readiness standards, an evaluation of teaching fewer, |
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high-priority learning standards in depth, and any recommendations |
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for legislation. |
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(4) This subsection expires January 1, 2018. |
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(k) At least annually, the school board or governing body of |
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each participant district or open-enrollment charter school shall |
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hold a public hearing to discuss its goals and work in the |
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consortium and to provide for parental and community input. |
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(l) Notwithstanding Chapter 39 and any other law, |
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participant campuses shall be evaluated for accountability |
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purposes and shall administer assessments only as follows: |
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(1) beginning in the 2013-14 school year: |
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(A) for all assessment instruments administered |
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under this Subsection, participant campuses: |
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(i) shall be evaluated on disaggregated |
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data by student group, with an emphasis on closing achievement |
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gaps; and |
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(ii) shall be evaluated on a report-only |
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basis and the scores shall not be otherwise used for accountability |
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purposes, including interventions and sanctions under Subchapter |
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E, Chapter 39; |
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(B) for assessment instruments administered |
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under Chapter 39, participant campuses shall be evaluated on |
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college readiness standards only, to allow the schools to teach |
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with depth and to evaluate the effects of teaching with depth; |
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(C) students in grades three through eight who |
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are not taking secondary-level courses shall be administered and |
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students in grades three through eight who are taking |
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secondary-level courses may, at the option of the district or |
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charter school participating in the consortium, be administered |
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assessment instruments prescribed by Section 39.023(a)(1), (2), |
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and (5) only and may be administered ACT EXPLORE in eighth grade in |
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lieu of the assessment instruments or may be administered fewer |
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assessment instruments if allowed by federal law or a waiver of |
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federal law; and |
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(D) students taking secondary-level courses |
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shall be assessed on end-of-course assessment instruments |
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administered under Section 39.023(c) only for the tenth grade |
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courses in English, math, and science in which they are currently |
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enrolled or shall be assessed ACT PLAN for tenth grade in the same |
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subjects if allowed under federal law, at the option of the district |
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or open-enrollment charter school participating in the consortium; |
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(2) beginning in the 2014-15 school year or as soon as |
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possible following receipt of a waiver from federal law or a change |
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from the federal law that requires annual testing of every student: |
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(A) students shall be administered: |
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(i) assessment instruments under Section |
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39.023(a) for reading in grade three, math in grade four, science in |
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grade five, reading in grade six, and math in grade seven; |
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(ii) in prekindergarten through twelfth |
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grade, locally approved or developed assessments that are aligned |
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to college readiness standards or high-priority learning standards |
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identified in Subsection (f), that include limited numbers of state |
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provided assessment items, and that have results that can be |
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accessed by the agency for monitoring and reporting purposes, or |
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other satisfactory secondary-level performance demonstrated under |
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Section 39.025(h); and |
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(iii) ACT EXPLORE at grade eight, ACT PLAN |
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at grade ten, and ACT at grade eleven; and |
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(B) participant campuses shall be evaluated on |
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community established measures that include academic achievement |
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and college and career readiness; |
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(3) beginning in the 2013-14 school year, students |
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with disabilities shall be administered appropriate assessments |
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including assessments, approved by the commissioner, that measure |
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growth as determined by the student's individualized education |
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program; and |
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(4) beginning in the 2013-14 school year, students of |
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limited English proficiency: |
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(A) shall be administered appropriate |
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assessments including assessments, approved by the commissioner, |
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that measure linguistic and academic growth as determined by the |
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student's language proficiency assessment committee established by |
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Section 29.063; and |
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(B) if a waiver from federal law is obtained, |
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shall participate in appropriate assessments the first five years |
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in schools in the United States as participation only unless the |
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student attains an English proficiency rating equivalent to |
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advanced high performance during this time period, in which case |
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the student's data will be aggregated into campus and district |
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performance reports. |
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(m) The consortium shall receive independent evaluation |
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from one or more external evaluation teams, including an |
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institution of higher education in this state. |
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SECTION 2. Section 29.0822(a), Education Code, is amended |
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to read as follows: |
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(a) Notwithstanding Section 25.081 or 25.082, a school |
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district may apply to the commissioner to provide a flexible school |
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day program for students who: |
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(1) have dropped out of school or are at risk of |
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dropping out of school as defined by Section 29.081; |
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(2) attend a campus that is implementing an innovative |
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redesign of the campus, including a campus in the high performance |
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schools consortium under Section 7.0561, or an early college high |
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school under a plan approved by the commissioner; or |
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(3) as a result of attendance requirements under |
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Section 25.092, will be denied credit for one or more classes in |
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which the students have been enrolled. |
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SECTION 3. Section 39.025(d), Education Code, is amended to |
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read as follows: |
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(d) Notwithstanding Subsection (a), the commissioner by |
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rule shall adopt one or more alternative nationally recognized norm |
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referenced assessment instruments under this section to administer |
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to a student to qualify for a high school diploma if the student |
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enrolls after January 1 of the school year in which the student is |
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otherwise eligible to graduate: |
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(1) for the first time in a public school in this |
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state; [or] |
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(2) after an absence of at least four years from any |
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public school in this state; or |
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(3) in a public school in this state that does not |
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participate in the consortium under Section 7.0561 after the |
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student has been enrolled in a school participating in the |
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consortium during high school. |
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SECTION 4. If legislation does not pass in the 83rd Regular |
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Session, Texas Legislature, in 2013, that allows substitute |
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demonstrations of satisfactory secondary-level performance for |
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students, Section 39.025, Education Code, is amended to add |
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Subsection (h) as follows: |
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(h) A school district or open-enrollment charter school |
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participating in the consortium established under Section 7.0561 by |
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policy may allow a student who is enrolled in a participant campus |
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and who demonstrates satisfactory secondary-level performance in a |
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subject under this subsection to be exempt from the requirements |
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that the student take an end-of-course assessment instrument in |
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that subject and may allow a student who is enrolled in a |
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participant campus to demonstrate satisfactory secondary-level |
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performance in the manner described by this subsection in lieu of |
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retaking an end-of-course assessment instrument. The district may |
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allow the demonstration to substitute for a score required by this |
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section or by any other law. The commissioner shall allow the |
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demonstration to substitute as an indicator of student achievement |
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under Section 39.053. A student's satisfactory secondary-level |
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performance and student achievement level may be demonstrated by: |
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(1) satisfactory performance, at levels determined by |
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the commissioner, on: |
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(A) an advanced placement test; |
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(B) an international baccalaureate examination; |
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(C) an SAT Subject Test; |
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(D) a Preliminary Scholastic Assessment Test |
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(PSAT) assessment; |
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(E) a preliminary American College Test (ACT) |
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assessment; or |
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(F) another assessment instrument determined by |
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the commissioner to be at least as rigorous as an end-of-course |
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assessment instrument adopted under Section 39.023(c); or |
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(2) successful completion of: |
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(A) a dual-credit course; |
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(B) an international baccalaureate course; or |
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(C) an advanced placement course. |
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SECTION 5. 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, 2013. |