84R7333 PAM-D

By: Guillen H.B. No. 1304

A BILL TO BE ENTITLED

AN ACT

relating to the use of school committees to make determinations regarding graduation for certain public high school students who fail to perform satisfactorily on end-of-course assessment instruments.

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;

(E) high school graduation requirements under Section 28.025 and the requirement to establish an individual graduation committee under Section 28.0256;

(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. 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 28.0256. 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 3. Subchapter B, Chapter 28, Education Code, is amended by adding Section 28.0256 to read as follows:

Sec. 28.0256. HIGH SCHOOL GRADUATION AWARDED ON BASIS OF INDIVIDUAL GRADUATION COMMITTEE REVIEW. (a) This section applies only to a student who, after retaking an end-of-course assessment instrument in one or more subjects, fails to comply with Section 39.025 as necessary to receive a high school diploma in accordance with that section.

(b) For each student to whom this section applies, the school district that the student attends shall establish an individual graduation committee to determine whether the student qualifies to graduate as provided by this section. The committee shall be composed of:

(1) the principal or the principal's designee;

(2) the student's parent or person standing in parental relation to the student;

(3) for each end-of-course assessment instrument on which the student failed to perform satisfactorily, the teacher of the course; and

(4) any other person determined appropriate by the principal or the principal's designee using criteria adopted by the board of trustees.

(c) The commissioner by rule shall establish a procedure for appointing an alternative committee member if a person described by Subsection (b) is unable to serve. The superintendent of each school district shall establish procedures for convening an individual graduation committee.

(d) The school district shall notify the student's parent or person standing in parental relation to the student of the time and place for convening the individual graduation committee and the purpose of the committee. The notice must be provided either in person or by regular mail, be clear and easy to understand, and be written in English or in the native language of the parent or person standing in parental relation to the student.

(e) Notwithstanding any other provision of this code, a student shall be awarded a high school diploma if:

(1) the student has successfully completed the curriculum requirements identified by the State Board of Education under Section 28.025(a); and

(2) the student's individual graduation committee determines the student is qualified to graduate as provided by this section.

(f) In determining whether a student is qualified to graduate under this section, the student's individual graduation committee shall consider:

(1) the recommendation of the student's teacher in each course required for graduation, to the extent practicable;

(2) the student's grade in each course required for graduation;

(3) the student's score on each end-of-course assessment instrument on which the student failed to perform satisfactorily;

(4) the student's performance on any additional requirements recommended by the committee under Subsection (g);

(5) the number of hours of remediation that the student has attended, including attendance in a college preparatory course required under Section 39.025(b-2), if applicable;

(6) any honors course, advanced placement course, international baccalaureate course, or dual credit course completed by the student;

(7) the student's performance on the PSAT, the ACT-Plan, 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;

(8) the student's performance on an assessment instrument designated by the Texas Higher Education Coordinating Board under Section 51.3062(c), including whether the student satisfied the Texas Success Initiative (TSI) college readiness benchmarks prescribed by the Texas Higher Education Coordinating Board under Section 51.3062(f);

(9) the student's school attendance rate;

(10) evidence of any participation by the student in extracurricular activity;

(11) information concerning any work history or other accomplishments of the student;

(12) the student's overall preparedness to pursue postsecondary education or training or a career or occupation; and

(13) any other academic information designated for consideration by the board of trustees of the school district.

(g) The student's individual graduation committee may recommend additional requirements for consideration to determine that a student is qualified to graduate under this section, including:

(1) additional remediation; or

(2) for each end-of-course assessment instrument on which the student failed to perform satisfactorily:

(A) the completion of a project related to the course; or

(B) the preparation of a portfolio of work samples from the course.

(h) A student may graduate and receive a high school diploma on the basis of the individual graduation committee's decision only if the student successfully completes all additional requirements recommended by the committee under Subsection (g) and the committee's vote is unanimous. The commissioner by rule shall establish a timeline for making a determination under this section. This section does not create a property interest in graduation. The decision of the committee is final and may not be appealed.

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

SECTION 4. This Act applies beginning with the 2015-2016 school year.

SECTION 5. 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.