84R1875 GCB-D

By: González H.B. No. 775

A BILL TO BE ENTITLED

AN ACT

relating to removing the requirement of satisfactory performance on state assessment instruments for public school grade-level promotion and providing alternative compliance for the requirement of satisfactory performance on state assessment instruments for graduation.

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

SECTION 1. Section 12.104(b), Education Code, is amended to read as follows:

(b) An open-enrollment charter school is subject to:

(1) a provision of this title establishing a criminal offense; and

(2) a prohibition, restriction, or requirement, as applicable, imposed by this title or a rule adopted under this title, relating to:

(A) the Public Education Information Management System (PEIMS) to the extent necessary to monitor compliance with this subchapter as determined by the commissioner;

(B) criminal history records under Subchapter C, Chapter 22;

(C) reading instruments and accelerated reading instruction programs under Section 28.006;

(D) accelerated instruction under Section 28.0211, including the requirement to establish an academic achievement committee;

(E) high school graduation requirements under Section 28.025 and the requirement to establish a graduation committee under Section 28.0257;

(F) special education programs under Subchapter A, Chapter 29;

(G) bilingual education under Subchapter B, Chapter 29;

(H) prekindergarten programs under Subchapter E, Chapter 29;

(I) extracurricular activities under Section 33.081;

(J) discipline management practices or behavior management techniques under Section 37.0021;

(K) health and safety under Chapter 38;

(L) public school accountability under Subchapters B, C, D, E, F, G, and J, Chapter 39;

(M) the requirement under Section 21.006 to report an educator's misconduct; and

(N) intensive programs of instruction under Section 28.0213.

SECTION 2. The heading to Section 28.0211, Education Code, is amended to read as follows:

Sec. 28.0211. [SATISFACTORY PERFORMANCE ON ASSESSMENT INSTRUMENTS REQUIRED;] ACCELERATED INSTRUCTION.

SECTION 3. Sections 28.0211(b), (c), (d), (f), and (i), Education Code, are amended to read as follows:

(b) A school district shall provide to a student who initially fails to perform satisfactorily on a fifth or eighth grade mathematics or reading [an] assessment instrument [specified] under Section 39.023 [Subsection (a)] at least two additional opportunities to take the assessment instrument. [A school district may administer an alternate assessment instrument to a student who has failed an assessment instrument specified under Subsection (a) on the previous two opportunities. Notwithstanding any other provision of this section, a student may be promoted if the student performs at grade level on an alternate assessment instrument under this subsection that is appropriate for the student's grade level and approved by the commissioner.]

(c) [Each time a student fails to perform satisfactorily on an assessment instrument specified under Subsection (a), the school district in which the student attends school shall provide to the student accelerated instruction in the applicable subject area, including reading instruction for a student who fails to perform satisfactorily on a reading assessment instrument.] After a student fails to perform satisfactorily on an assessment instrument specified under Subsection (b) a second time, an academic achievement [a grade placement] committee shall be established to prescribe the accelerated instruction the district shall provide to the student before the student is administered the assessment instrument the third time. The [grade placement] committee shall be composed of the principal or the principal's designee, the student's parent or guardian, and the teacher of the subject of an assessment instrument on which the student failed to perform satisfactorily. The district shall notify the parent or guardian of the time and place for convening the [grade placement] committee and the purpose of the committee. An accelerated instruction group administered by a school district under this section may not have a ratio of more than 10 students for each teacher.

(d) In addition to providing accelerated instruction to a student under Subsection (c), the district shall notify the student's parent or guardian of:

(1) the student's failure to perform satisfactorily on the assessment instrument; and

(2) the accelerated instruction program to which the student is assigned[; and

[(3) the possibility that the student might be retained at the same grade level for the next school year].

(f) A school district shall provide to a student who, after three attempts, has failed to perform satisfactorily on an assessment instrument specified under Subsection (b) [(a)] accelerated instruction during the next school year as prescribed by an educational plan developed for the student by the student's academic achievement [grade placement] committee established under Subsection (c). The district shall provide that accelerated instruction regardless of whether the student has been promoted or retained. The educational plan must be designed to enable the student to perform at the appropriate grade level by the conclusion of the school year. During the school year, the student shall be monitored to ensure that the student is progressing in accordance with the plan. The district shall administer to the student the assessment instrument for the grade level in which the student is placed at the time the district regularly administers the assessment instruments for that school year.

(i) The admission, review, and dismissal committee of a student who participates in a district's special education program under Subchapter A [B], Chapter 29, and who does not perform satisfactorily on an assessment instrument specified under Subsection (b) [(a)] and administered under Section 39.023(a) or (b) shall determine[:

[(1)] the manner in which the student will participate in an accelerated instruction program under this section[; and

[(2) whether the student will be promoted or retained under this section].

SECTION 4. Sections 28.025(c) and (d), Education Code, are amended to read as follows:

(c) A person may receive a diploma if the person is eligible for a diploma under Section 28.0251 or 28.0257. In other cases, 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 complies with Section 39.025; 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 or who does not receive a diploma under another provision of this subchapter. A school district may allow a student who receives a certificate to participate in a graduation ceremony with students receiving high school diplomas.

SECTION 5. Subchapter B, Chapter 28, Education Code, is amended by adding Section 28.0257 to read as follows:

Sec. 28.0257. HIGH SCHOOL DIPLOMA AWARDED ON BASIS OF GRADUATION COMMITTEE REVIEW. (a) This section applies only to a student who successfully completes the curriculum requirements identified by the State Board of Education under Section 28.025(a) but who, after the initial administration of an end-of-course assessment instrument in one or more subjects, has failed to comply with Section 39.025 as necessary to receive a high school diploma in accordance with that section.

(b) Notwithstanding any other provision of this code, a student to whom this section applies shall be awarded a high school diploma if the graduation committee of the student's school, after meeting with the student and reviewing the student's high school portfolio, determines that the student is properly prepared to pursue postsecondary education or training or a career or occupation.

(c) Each school year, the principal of each high school shall appoint members to the school's graduation committee. The graduation committee must be composed of:

(1) employees of the school, including:

(A) for each subject included in the foundation curriculum under Section 28.002(a)(1), at least one teacher who provides instruction;

(B) at least one school counselor; and

(C) at least one administrator; and

(2) at least one parent or guardian of a student enrolled at the school who may review a student portfolio only in compliance with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).

(d) A student's high school portfolio under Subsection (b) must include the student's high school transcript, representative samples of the student's coursework, evidence of any participation by the student in an extracurricular activity, and information concerning any work history or other accomplishments of the student. The portfolio must be prepared by a school administrator but must also include any documentation or other information that the student or the student's parent or guardian requests to be included.

SECTION 6. Section 39.301(c), Education Code, is amended to read as follows:

(c) Indicators for reporting purposes must include:

(1) the percentage of graduating students who meet the course requirements established by State Board of Education rule for:

(A) the foundation high school program;

(B) the distinguished level of achievement under the foundation high school program; and

(C) each endorsement described by Section 28.025(c-1);

(2) the results of the SAT, ACT, articulated postsecondary degree programs described by Section 61.852, and certified workforce training programs described by Chapter 311, Labor Code;

(3) for students who have failed to perform satisfactorily, under each performance standard under Section 39.0241, on an assessment instrument required under Section 39.023(a) or (c), the performance of those students on subsequent assessment instruments required under those sections, aggregated by grade level and subject area;

(4) for each campus, the number of students, disaggregated by major student subpopulations, that take courses under the foundation high school program and take additional courses to earn an endorsement under Section 28.025(c-1), disaggregated by type of endorsement;

(5) the percentage of students, aggregated by grade level, provided accelerated instruction under Section 28.0211(c), the results of assessment instruments administered under that section, and [the percentage of students promoted through the grade placement committee process under Section 28.0211,] the subject of the assessment instrument on which each student failed to perform satisfactorily under each performance standard under Section 39.0241[, and the performance of those students in the school year following that promotion on the assessment instruments required under Section 39.023];

(6) the percentage of students of limited English proficiency exempted from the administration of an assessment instrument under Sections 39.027(a)(1) and (2);

(7) the percentage of students in a special education program under Subchapter A, Chapter 29, assessed through assessment instruments developed or adopted under Section 39.023(b);

(8) the percentage of students who satisfy the college readiness measure;

(9) the measure of progress toward dual language proficiency under Section 39.034(b), for students of limited English proficiency, as defined by Section 29.052;

(10) the percentage of students who are not educationally disadvantaged;

(11) the percentage of students who enroll and begin instruction at an institution of higher education in the school year following high school graduation; and

(12) the percentage of students who successfully complete the first year of instruction at an institution of higher education without needing a developmental education course.

SECTION 7. Sections 28.0211(a), (a-2), (e), (g), (n), (o), and (p), Education Code, are repealed.

SECTION 8. This Act applies beginning with the 2015-2016 school year.

SECTION 9. 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, 2015.