| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to eliminating satisfactory performance requirements for |
|
|
public school end-of-course assessment instruments as a criterion |
|
|
for promotion or graduation. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 18.005(c), Education Code, is amended to |
|
|
read as follows: |
|
|
(c) A Job Corps diploma program shall: |
|
|
(1) develop educational programs specifically |
|
|
designed for persons eligible for enrollment in a Job Corps |
|
|
training program established by the United States Department of |
|
|
Labor; |
|
|
(2) coordinate educational programs and services in |
|
|
the diploma program with programs and services provided by the |
|
|
United States Department of Labor and other federal and state |
|
|
agencies and local political subdivisions and by persons who |
|
|
provide programs and services under contract with the United States |
|
|
Department of Labor; |
|
|
(3) provide a course of instruction that includes the |
|
|
required curriculum under Subchapter A, Chapter 28; and |
|
|
(4) [require that students enrolled in the diploma
|
|
|
program satisfy the requirements of Section 39.025 before receiving
|
|
|
a diploma under this chapter; and
|
|
|
[(5)] comply with a requirement imposed under this |
|
|
title or a rule adopted under this title relating to the Public |
|
|
Education Information Management System (PEIMS) to the extent |
|
|
necessary to determine compliance with this chapter, as determined |
|
|
by the commissioner. |
|
|
SECTION 2. Section 25.005(b), Education Code, is amended to |
|
|
read as follows: |
|
|
(b) A reciprocity agreement must: |
|
|
(1) address procedures for: |
|
|
(A) transferring student records; and |
|
|
(B) awarding credit for completed course work; |
|
|
and |
|
|
[(C)
permitting a student to satisfy the
|
|
|
requirements of Section 39.025 through successful performance on
|
|
|
comparable end-of-course or other exit-level assessment
|
|
|
instruments administered in another state; and] |
|
|
(2) include appropriate criteria developed by the |
|
|
agency. |
|
|
SECTION 3. Sections 28.025(b-7), (c), and (e), Education |
|
|
Code, are amended to read as follows: |
|
|
(b-7) The State Board of Education, in coordination with the |
|
|
Texas Higher Education Coordinating Board, shall adopt rules to |
|
|
ensure that a student may comply with the curriculum requirements |
|
|
under the foundation high school program or for an endorsement |
|
|
under Subsection (c-1) by successfully completing appropriate |
|
|
courses in the core curriculum of an institution of higher |
|
|
education under Section 61.822. Notwithstanding Subsection (b-15) |
|
|
or (c) [of this section, Section 39.025,] or any other provision of |
|
|
this code and notwithstanding any school district policy, a student |
|
|
who has completed the core curriculum of an institution of higher |
|
|
education under Section 61.822, as certified by the institution in |
|
|
accordance with commissioner rule, is considered to have earned a |
|
|
distinguished level of achievement under the foundation high school |
|
|
program and is entitled to receive a high school diploma from the |
|
|
appropriate high school as that high school is determined in |
|
|
accordance with commissioner rule. A student who is considered to |
|
|
have earned a distinguished level of achievement under the |
|
|
foundation high school program under this subsection may apply for |
|
|
admission to an institution of higher education for the first |
|
|
semester or other academic term after the semester or other |
|
|
academic term in which the student completes the core curriculum. |
|
|
(c) A person may receive a diploma if the person is eligible |
|
|
for a diploma under Section 28.0251. 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. |
|
|
(e) Each school district shall report the academic |
|
|
achievement record of students who have completed the foundation |
|
|
high school program on transcript forms adopted by the State Board |
|
|
of Education. [The transcript forms adopted by the board must be
|
|
|
designed to clearly identify whether a student received a diploma
|
|
|
or a certificate of coursework completion.] |
|
|
SECTION 4. Section 28.0255(g), Education Code, is amended |
|
|
to read as follows: |
|
|
(g) A student is entitled to a high school diploma if the |
|
|
student[:
|
|
|
[(1)] successfully complies with the curriculum |
|
|
requirements specified under Subsection (e)[; and
|
|
|
[(2)
performs satisfactorily, as determined by the
|
|
|
commissioner under Subsection (h), on end-of-course assessment
|
|
|
instruments listed under Section 39.023(c) for courses in which the
|
|
|
student was enrolled]. |
|
|
SECTION 5. Section 29.081(b-1), Education Code, is amended |
|
|
to read as follows: |
|
|
(b-1) Each school district shall offer before the next |
|
|
scheduled administration of the assessment instrument, without |
|
|
cost to the student, additional accelerated instruction to each |
|
|
student in any subject in which the student failed to perform |
|
|
satisfactorily on an end-of-course assessment instrument [required
|
|
|
for graduation]. |
|
|
SECTION 6. Section 29.259(g), Education Code, is amended to |
|
|
read as follows: |
|
|
(g) A person who is at least 19 years of age and not more |
|
|
than 50 years of age is eligible to enroll in the adult education |
|
|
program under this section if the person has not earned a high |
|
|
school equivalency certificate and: |
|
|
(1) has failed to complete the curriculum requirements |
|
|
for high school graduation; or |
|
|
(2) [has] failed to perform satisfactorily on an |
|
|
assessment instrument that, before the 2015-2016 school year, was |
|
|
required for high school graduation. |
|
|
SECTION 7. Section 30.021(e), Education Code, is amended to |
|
|
read as follows: |
|
|
(e) The school shall cooperate with public and private |
|
|
agencies and organizations serving students and other persons with |
|
|
visual impairments in the planning, development, and |
|
|
implementation of effective educational and rehabilitative service |
|
|
delivery systems associated with educating students with visual |
|
|
impairments. To maximize and make efficient use of state |
|
|
facilities, funding, and resources, the services provided in this |
|
|
area may include conducting a cooperative program with other |
|
|
agencies to serve students who have graduated from high school by |
|
|
completing all academic requirements applicable to students in |
|
|
regular education[, excluding satisfactory performance under
|
|
|
Section 39.025,] who are younger than 22 years of age on September 1 |
|
|
of the school year and who have identified needs related to |
|
|
vocational training, independent living skills, orientation and |
|
|
mobility, social and leisure skills, compensatory skills, or |
|
|
remedial academic skills. |
|
|
SECTION 8. Section 30.104(b), Education Code, is amended to |
|
|
read as follows: |
|
|
(b) A student may graduate and receive a diploma from a |
|
|
Texas Juvenile Justice Department [Texas Youth Commission] |
|
|
educational program if[:
|
|
|
[(1)] the student successfully completes: |
|
|
(1) the curriculum requirements identified by the |
|
|
State Board of Education under Section 28.025(a) [and complies with
|
|
|
Section 39.025]; or |
|
|
(2) [the student successfully completes] the |
|
|
curriculum requirements under Section 28.025(a) as modified by an |
|
|
individualized education program developed under Section 29.005. |
|
|
SECTION 9. Section 32.258(b), Education Code, is amended to |
|
|
read as follows: |
|
|
(b) The system established under Subsection (a) shall |
|
|
provide a means for a student or the student's parent or other |
|
|
person standing in parental relationship to track the student's |
|
|
progress on assessment instruments [instrument requirements for
|
|
|
graduation]. |
|
|
SECTION 10. Section 39.023(c-2), Education Code, is amended |
|
|
to read as follows: |
|
|
(c-2) The agency may adopt end-of-course assessment |
|
|
instruments for courses not listed in Subsection (c). A student's |
|
|
performance on an end-of-course assessment instrument adopted |
|
|
under this subsection is not subject to any [the] performance |
|
|
requirements [established under Subsection (c) or Section 39.025]. |
|
|
SECTION 11. The heading to Section 39.025, Education Code, |
|
|
is amended to read as follows: |
|
|
Sec. 39.025. USE OF END-OF-COURSE ASSESSMENT INSTRUMENTS |
|
|
[SECONDARY-LEVEL PERFORMANCE REQUIRED]. |
|
|
SECTION 12. Sections 39.025(a) and (a-1), Education Code, |
|
|
are amended to read as follows: |
|
|
(a) The commissioner shall adopt rules requiring a student |
|
|
in the foundation high school program under Section 28.025 to be |
|
|
administered each end-of-course assessment instrument listed in |
|
|
Section 39.023(c). Each end-of-course assessment instrument shall |
|
|
be evaluated to determine whether the [A] student achieved [is
|
|
|
required to achieve] a scale score that indicates satisfactory |
|
|
performance, as determined by the commissioner under Section |
|
|
39.0241(a)[, on each end-of-course assessment instrument listed
|
|
|
under Section 39.023(c)]. For each scale score for an end-of-course |
|
|
assessment instrument administered [required] under this |
|
|
subsection that is not based on a 100-point scale scoring system, |
|
|
the commissioner shall provide for conversion, in accordance with |
|
|
commissioner rule, of the scale score to an equivalent score based |
|
|
on a 100-point scale scoring system. The results of an |
|
|
end-of-course assessment instrument administered under this |
|
|
subsection may not be used as a criteria for grade promotion or |
|
|
graduation. The results of an end-of-course assessment instrument |
|
|
administered under this subsection may be used only for the |
|
|
purposes of diagnosing the academic strengths and deficiencies of a |
|
|
student and guiding specific instruction to the student. [A
|
|
|
student may not receive a high school diploma until the student has
|
|
|
performed satisfactorily on end-of-course assessment instruments
|
|
|
in the manner provided under this subsection. This subsection does
|
|
|
not require a student to demonstrate readiness to enroll in an
|
|
|
institution of higher education.] |
|
|
(a-1) A student enrolled in a college preparatory course |
|
|
under Section 28.014 who satisfies the Texas Success Initiative |
|
|
(TSI) college readiness benchmarks prescribed by the Texas Higher |
|
|
Education Coordinating Board under Section 51.3062(f) on an |
|
|
assessment instrument designated by the Texas Higher Education |
|
|
Coordinating Board under Section 51.3062(c) administered at the end |
|
|
of the college preparatory course is exempt from the administration |
|
|
of [satisfies the requirements concerning] an end-of-course |
|
|
assessment in an equivalent course as prescribed by Subsection (a). |
|
|
The commissioner shall determine a method by which a student's |
|
|
satisfactory performance on an advanced placement test, an |
|
|
international baccalaureate examination, an SAT Subject Test, the |
|
|
SAT, the ACT, or any nationally recognized norm-referenced |
|
|
assessment instrument used by institutions of higher education to |
|
|
award course credit based on satisfactory performance on the |
|
|
assessment instrument shall be used to exempt a student from the |
|
|
administration of [satisfy the requirements concerning] an |
|
|
end-of-course assessment instrument in an equivalent course as |
|
|
prescribed by Subsection (a). The commissioner shall determine a |
|
|
method by which a student's satisfactory performance on the PSAT or |
|
|
the ACT-Plan shall be used to exempt a student from the |
|
|
administration of [satisfy the requirements concerning] an |
|
|
end-of-course assessment instrument in an equivalent course as |
|
|
prescribed by Subsection (a). [A student who fails to perform
|
|
|
satisfactorily on a test or other assessment instrument authorized
|
|
|
under this subsection, other than the PSAT or the ACT-Plan, may
|
|
|
retake that test or other assessment instrument for purposes of
|
|
|
this subsection or may take the appropriate end-of-course
|
|
|
assessment instrument. A student who fails to perform
|
|
|
satisfactorily on the PSAT or the ACT-Plan must take the
|
|
|
appropriate end-of-course assessment instrument.] The commissioner |
|
|
shall adopt rules as necessary for the administration of this |
|
|
subsection. |
|
|
SECTION 13. Section 39.034(d), Education Code, is amended |
|
|
to read as follows: |
|
|
(d) The agency shall determine the necessary annual |
|
|
improvement required each year for a student to be prepared to |
|
|
perform satisfactorily on, as applicable: |
|
|
(1) the grade five assessment instruments; |
|
|
(2) the grade eight assessment instruments; and |
|
|
(3) the end-of-course assessment instruments |
|
|
[required under this subchapter for graduation]. |
|
|
SECTION 14. Section 39.053(c), Education Code, is amended |
|
|
to read as follows: |
|
|
(c) Indicators of student achievement adopted under this |
|
|
section must include: |
|
|
(1) the results of assessment instruments required |
|
|
under Sections 39.023(a), (c), and (l), [including the results of
|
|
|
assessment instruments required for graduation retaken by a
|
|
|
student,] aggregated across grade levels by subject area, |
|
|
including: |
|
|
(A) for the performance standard determined by |
|
|
the commissioner under Section 39.0241(a): |
|
|
(i) the percentage of students who |
|
|
performed satisfactorily on the assessment instruments, aggregated |
|
|
across grade levels by subject area; and |
|
|
(ii) for students who did not perform |
|
|
satisfactorily, the percentage of students who met the standard for |
|
|
annual improvement, as determined by the agency under Section |
|
|
39.034, on the assessment instruments, aggregated across grade |
|
|
levels by subject area; and |
|
|
(B) for the college readiness performance |
|
|
standard as determined under Section 39.0241: |
|
|
(i) the percentage of students who |
|
|
performed satisfactorily on the assessment instruments, aggregated |
|
|
across grade levels by subject area; and |
|
|
(ii) for students who did not perform |
|
|
satisfactorily, the percentage of students who met the standard for |
|
|
annual improvement, as determined by the agency under Section |
|
|
39.034, on the assessment instruments, aggregated across grade |
|
|
levels by subject area; |
|
|
(2) dropout rates, including dropout rates and |
|
|
district completion rates for grade levels 9 through 12, computed |
|
|
in accordance with standards and definitions adopted by the |
|
|
National Center for Education Statistics of the United States |
|
|
Department of Education; |
|
|
(3) high school graduation rates, computed in |
|
|
accordance with standards and definitions adopted in compliance |
|
|
with the No Child Left Behind Act of 2001 (20 U.S.C. Section 6301 et |
|
|
seq.); |
|
|
(4) the percentage of students who successfully |
|
|
completed the curriculum requirements for the distinguished level |
|
|
of achievement under the foundation high school program; |
|
|
(5) the percentage of students who successfully |
|
|
completed the curriculum requirements for an endorsement under |
|
|
Section 28.025(c-1); and |
|
|
(6) at least three additional indicators of student |
|
|
achievement to evaluate district and campus performance, which must |
|
|
include either: |
|
|
(A) the percentage of students who satisfy the |
|
|
Texas Success Initiative (TSI) college readiness benchmarks |
|
|
prescribed by the Texas Higher Education Coordinating Board under |
|
|
Section 51.3062(f) on an assessment instrument in |
|
|
reading, writing, or mathematics designated by the Texas Higher |
|
|
Education Coordinating Board under Section 51.3062(c); or |
|
|
(B) the number of students who earn: |
|
|
(i) at least 12 hours of postsecondary |
|
|
credit required for the foundation high school program under |
|
|
Section 28.025 or to earn an endorsement under Section 28.025(c-1); |
|
|
(ii) at least 30 hours of postsecondary |
|
|
credit required for the foundation high school program under |
|
|
Section 28.025 or to earn an endorsement under Section 28.025(c-1); |
|
|
(iii) an associate's degree; or |
|
|
(iv) an industry certification. |
|
|
SECTION 15. The following provisions of the Education Code |
|
|
are repealed: |
|
|
(1) Section 28.025(d); |
|
|
(2) Section 28.0255(h); |
|
|
(3) Section 30.104(c); and |
|
|
(4) Sections 39.025(a-4), (b), (b-2), (c), (d), (e), |
|
|
(f), and (g). |
|
|
SECTION 16. This Act applies beginning with the 2015-2016 |
|
|
school year. |
|
|
SECTION 17. 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. |