|
|
R E S O L U T I O N
|
|
|
BE IT RESOLVED by the Senate of the State of Texas, 83rd |
|
Legislature, Regular Session, 2013, That Senate Rule 12.03 be |
|
suspended in part as provided by Senate Rule 12.08 to enable the |
|
conference committee appointed to resolve the differences on House |
|
Bill 5 (public school accountability, including assessment, and |
|
curriculum requirements; providing a criminal penalty) to consider |
|
and take action on the following matters: |
|
(1) Senate Rule 12.03(1) is suspended to permit the |
|
committee to amend text not in disagreement in SECTION 13 of the |
|
bill, in amended Section 28.0212(a), Education Code, to read as |
|
follows: |
|
(a) A principal of a junior high or middle school shall |
|
designate a school [guidance] counselor, teacher, or other |
|
appropriate individual to develop and administer a personal |
|
graduation plan for each student enrolled in the [a] junior high |
|
or[,] middle[, or high] school who: |
|
(1) does not perform satisfactorily on an assessment |
|
instrument administered under Subchapter B, Chapter 39; or |
|
(2) is not likely to receive a high school diploma |
|
before the fifth school year following the student's enrollment in |
|
grade level nine, as determined by the district. |
|
Explanation: The change is necessary to conform to other |
|
references to school counselor in the Education Code. |
|
(2) Senate Rule 12.03(3) is suspended to permit the |
|
committee to add text on a matter not in disagreement in SECTION 14 |
|
of the bill, in added Section 28.02121(b), Education Code, to read |
|
as follows: |
|
(b) A school district shall publish the information |
|
provided to the district under Subsection (a) on the Internet |
|
website of the district and ensure that the information is |
|
available to students in grades nine and above and the parents or |
|
legal guardians of those students in the language in which the |
|
parents or legal guardians are most proficient. A district is |
|
required to provide information under this subsection in the |
|
language in which the parents or legal guardians are most |
|
proficient only if at least 20 students in a grade level primarily |
|
speak that language. |
|
Explanation: The change is necessary to establish procedures |
|
for providing information to parents or legal guardians of students |
|
in the language in which the parent or legal guardian is most |
|
proficient. |
|
(3) Senate Rule 12.03(1) is suspended to permit the |
|
committee to change text not in disagreement in SECTION 14 of the |
|
bill, in added Section 28.02121(c), Education Code, to read as |
|
follows: |
|
(c) A principal of a high school shall designate a school |
|
counselor or school administrator to review personal graduation |
|
plan options with each student entering grade nine together with |
|
that student's parent or guardian. The personal graduation plan |
|
options reviewed must include the distinguished level of |
|
achievement described by Section 28.025(b-15) and the endorsements |
|
described by Section 28.025(c-1). Before the conclusion of the |
|
school year, the student and the student's parent or guardian must |
|
confirm and sign a personal graduation plan for the student. |
|
Explanation: The change is necessary to conform to other |
|
references to school counselor in the Education Code. |
|
(4) Senate Rule 12.03(4) is suspended to permit the |
|
committee to add text on a matter not included in either the house |
|
or senate version of the bill by adding the following text in |
|
SECTION 16 of the bill, in amended Section 28.025, Education Code, |
|
to read as follows: |
|
(c-3) In adopting rules under Subsection (c-1), the State |
|
Board of Education shall adopt criteria to allow a student |
|
participating in the arts and humanities endorsement under |
|
Subsection (c-1)(4), with the written permission of the student's |
|
parent or a person standing in parental relation to the student, to |
|
comply with the curriculum requirements for science required under |
|
Subsection (c-2)(1)(B) by substituting for an advanced course |
|
requirement a course related to that endorsement. |
|
Explanation: The addition is necessary to require parental |
|
permission to substitute certain curriculum requirements. |
|
(5) Senate Rule 12.03(4) is suspended to permit the |
|
committee to add text on a matter not included in either the house |
|
or senate version of the bill by adding the following text in |
|
SECTION 16 of the bill, in amended Section 28.025, Education Code, |
|
to read as follows: |
|
(h-2) This subsection applies only to a student |
|
participating in the minimum, recommended, or advanced high school |
|
program who is completing the fourth year of high school during the |
|
2013-2014 school year. The commissioner by rule shall permit a |
|
student who does not satisfy the curriculum requirements of the |
|
high school program in which the student is participating to |
|
graduate if the student satisfies the curriculum requirements |
|
established for the foundation high school program under this |
|
section as amended by H.B. No. 5, 83rd Legislature, Regular |
|
Session, 2013, and any other requirement required for graduation. |
|
This subsection expires September 1, 2015. |
|
Explanation: The addition is necessary to provide |
|
flexibility in implementation of changes to curriculum |
|
requirements. |
|
(6) Senate Rules 12.03(1) and (3) are suspended to permit |
|
the committee to change and add text on a matter not in disagreement |
|
in SECTION 16 of the bill to read as follows: |
|
(b) Except as provided by Subsection (c) of this section, |
|
this section applies beginning with the 2014-2015 school year. |
|
(c) Section 28.025(h-2), Education Code, as added by this |
|
section, applies during the 2013-2014 school year. |
|
Explanation: The change is necessary to provide flexibility |
|
in implementation of changes to curriculum requirements. |
|
(7) Senate Rule 12.03(4) is suspended to permit the |
|
committee to add text on a matter which is not included in either |
|
the house or senate version of the bill by adding the following text |
|
to SECTION 20 of the bill, in amended Section 29.081, Education |
|
Code, to read as follows: |
|
(d) For purposes of this section, "student at risk of |
|
dropping out of school" includes each student who is under 26 [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 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. |
|
Explanation: This addition is necessary to expand the |
|
definition of "student at risk of dropping out of school" to include |
|
a student who is at least 21 years of age and under 26 years of age. |
|
(8) Senate Rule 12.03(4) is suspended to permit the |
|
committee to add text on a matter which is not included in either |
|
the house or senate version of the bill by adding the following text |
|
to SECTION 31 of the bill, in amended Section 39.023, Education |
|
Code, to read as follows: |
|
(a-2) Except as required by federal law, a [A] student is |
|
not required to be assessed in a subject otherwise assessed at the |
|
student's grade level under Subsection (a) if the student: |
|
(1) is enrolled in a course in the subject intended for |
|
students above the student's grade level and will be administered |
|
an assessment instrument adopted or developed under Subsection (a) |
|
that aligns with the curriculum for the course in which the student |
|
is enrolled; or |
|
(2) is enrolled in a course in the subject for which |
|
the student will receive high school academic credit and will be |
|
administered an end-of-course assessment instrument adopted under |
|
Subsection (c) for the course. |
|
Explanation: This addition is necessary to ensure compliance |
|
with federal law. |
|
(9) Senate Rule 12.03(2) is suspended to permit the |
|
committee to omit text not in disagreement in amended Section |
|
39.025, Education Code, which reads as follows: |
|
(a-2) This subsection applies only to a student who, before |
|
entering the ninth grade in the 2011-2012 or 2012-2013 school year, |
|
completed a course before the 2011-2012 school year in a subject for |
|
which the student received high school credit and for which an |
|
end-of-course assessment instrument under Section 39.023 is |
|
required during the 2013-2014 school year or a later school year, |
|
such as Algebra I. The commissioner shall determine a method by |
|
which a student's satisfactory performance on an end-of-course |
|
assessment instrument for a course in the same general subject area |
|
in which the student is enrolled during or after the ninth grade, |
|
such as geometry, shall be used to satisfy the requirements for the |
|
end-of-course assessment instrument for the course completed |
|
before entering the ninth grade and before the 2011-2012 school |
|
year. The commissioner shall adopt rules as necessary for the |
|
administration of this section. This subsection expires September |
|
1, 2016 [In addition to the cumulative score requirements under
|
|
Subsection (a), a student must achieve a score that meets or exceeds
|
|
the score determined by the commissioner under Section 39.0241(a)
|
|
for English III and Algebra II end-of-course assessment instruments
|
|
to graduate under the recommended high school program]. |
|
Explanation: This omission of text is necessary to provide |
|
flexibility in implementation of changes to end-of-course |
|
assessment instrument requirements. |
|
(10) Senate Rule 12.03(1) is suspended to permit the |
|
committee to change text not in disagreement in SECTION 40 of the |
|
bill, in added Section 39.038, Education Code, to read as follows: |
|
Sec. 39.038. RESTRICTION ON APPOINTMENTS TO ADVISORY |
|
COMMITTEES. The commissioner may not appoint a person to a |
|
committee or panel that advises the commissioner or agency |
|
regarding state accountability systems under this title or the |
|
content or administration of an assessment instrument if the person |
|
is retained or employed by an assessment instrument vendor. |
|
Explanation: The change is necessary to allow persons |
|
reimbursed by an assessment instrument vendor to be appointed to a |
|
committee or panel described by Section 39.038, Education Code. |
|
(11) Senate Rule 12.03(1) is suspended to permit the |
|
committee to change text not in disagreement in SECTION 51 of the |
|
bill, in added Section 39.0824(a), Education Code, to read as |
|
follows: |
|
(a) A school district or open-enrollment charter school |
|
assigned the lowest rating under Section 39.082 shall submit to the |
|
commissioner a corrective action plan to address the financial |
|
weaknesses of the district or school. A corrective action plan must |
|
identify the specific areas of financial weaknesses, such as |
|
financial weaknesses in transportation, curriculum, or teacher |
|
development, and include strategies for improvement. |
|
Explanation: The change is necessary to conform to financial |
|
accountability rating references. |
|
(12) Senate Rules 12.03(1) and (3) are suspended to permit |
|
the committee to change and add text on a matter not in disagreement |
|
in SECTION 56 of the bill, in amended Section 39.235(b), Education |
|
Code, to read as follows: |
|
(b) Before awarding a grant under this section, the |
|
commissioner may require a campus or school district to: |
|
(1) obtain local matching funds; or |
|
(2) meet other conditions, including developing a |
|
personal graduation plan under Section 28.0212 or 28.02121, as |
|
applicable, for each student enrolled at the campus or in a district |
|
middle, junior high, or high school. |
|
Explanation: The change is necessary to conform to |
|
appropriately reference a high school personal graduation plan. |
|
(13) Senate Rule 12.03(4) is suspended to permit the |
|
committee to add text on a matter which is not included in either |
|
the house or senate version of the bill by adding the following text |
|
to SECTION 77 of the bill, in amended Section 130.008, Education |
|
Code, to read as follows: |
|
(f) A student described by Subsection (a) may enroll in not |
|
more than three courses each school year offered as provided by this |
|
section. |
|
Explanation: The change is necessary to establish a limit on |
|
the number of dual enrollment courses a student may enroll in each |
|
school year. |
|
(14) Senate Rule 12.03(3) is suspended to permit the |
|
committee to add text on a matter which is not in disagreement by |
|
adding text in SECTIONS 78(a)(1) and (5) of the bill to read as |
|
follows: |
|
(a) Effective September 1, 2013, the following sections of |
|
the Education Code are repealed: |
|
(1) Sections 29.190(b), (d), and (e); |
|
(2) Sections 39.024(b), (c), (d), (e), (f), (g), and |
|
(h); |
|
(3) Section 39.0241(a-2); |
|
(4) Section 39.0242; |
|
(5) Sections 39.025(a-2) and (a-3); and |
|
(6) Section 130.008(d-1). |
|
Explanation: The changes are necessary to repeal: |
|
(1) Section 29.190(d), a provision granting the |
|
commissioner of education authority to adopt rules to implement the |
|
existing law; and |
|
(2) Section 39.025(a-2), a provision relating to |
|
Algebra II and English III end-of-course assessment instruments. |
|
(15) Senate Rules 12.03(1) and (3) are suspended to permit |
|
the committee to change and add text on a matter not in disagreement |
|
in SECTIONS 79(b) and (c) of the bill to read as follows: |
|
(b) Students who have entered the ninth grade during or |
|
after the 2011-2012 school year and before the 2013-2014 school |
|
year may be administered only those end-of-course assessment |
|
instruments that would have been administered to those students |
|
under Section 39.025, Education Code, as amended by Section 35 of |
|
this Act, and Section 39.025, Education Code, as amended by Section |
|
35 of this Act, is continued in effect for purposes of satisfying |
|
those end-of-course testing requirements. |
|
(c) The commissioner of education may by rule adopt a |
|
transition plan to implement the amendments made by this Act |
|
relating to end-of-course testing requirements during the |
|
2013-2014 and 2014-2015 school years. |
|
Explanation: The change is necessary to provide flexibility |
|
in implementation of changes to end-of-course assessment |
|
instrument requirements. |
|
(16) Senate Rule 12.03(1) is suspended to permit the |
|
committee to change text not in disagreement in SECTION 80 of the |
|
bill to read as follows: |
|
SECTION 80. Not later than October 1, 2013, the |
|
commissioner of education shall adopt rules to administer Section |
|
39.025(a-1), Education Code, as amended by this Act. |
|
Explanation: The change is necessary to omit a reference to |
|
adopting rules to administer amended Section 39.025(a-2), |
|
Education Code, which the committee omitted. |
|
(17) Senate Rule 12.03(1) is suspended to permit the |
|
committee to change text not in disagreement in SECTION 84 of the |
|
bill to read as follows: |
|
SECTION 84. Except as otherwise provided by this Act: |
|
(1) 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; and |
|
(2) if this Act does not receive the vote necessary for |
|
immediate effect, this Act takes effect September 1, 2013. |
|
Explanation: The change is necessary to clarify the |
|
effective dates of the bill. |