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A BILL TO BE ENTITLED
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AN ACT
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relating to assessment of public school students and evaluation of |
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public school performance. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 39, Education Code, is |
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amended by adding Section 39.0265 to read as follows: |
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Sec. 39.0265. LOCAL ASSESSMENT REQUIRED FOR SCIENCE, SOCIAL |
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STUDIES, AND WRITING. (a) To evaluate student achievement in |
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science, social studies, and writing, each school district shall |
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assess students as provided by this section. |
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(b) For purposes of school district assessment under this |
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section, the commissioner by rule shall adopt an approved list of: |
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(1) for science and writing, assessment instruments; |
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and |
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(2) for science, social studies, and writing, rubrics |
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that establish criteria for selecting, compiling, and evaluating |
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student-produced work, including specific major projects or a |
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portfolio of assignments completed over the course of a school |
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year. |
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(c) Each school district shall select and use for assessment |
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purposes assessment instruments or rubrics, as appropriate, from |
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the approved list under Subsection (b). For science and writing, a |
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district may also use a norm-referenced assessment instrument that |
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complies with Section 39.026. Each school district shall adopt a |
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policy that requires the assessment of students: |
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(1) in science and writing using a selected assessment |
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instrument or rubric: |
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(A) at least once during the period the student |
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is enrolled in grades three through five; and |
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(B) at least once during the period the student |
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is enrolled in grades six through eight; and |
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(2) in social studies, using a selected rubric: |
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(A) at least once during the period the student |
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is enrolled in grades six through eight; and |
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(B) and least once during the period the student |
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is enrolled in high school. |
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(d) The agency shall provide training in evaluating |
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student-produced work under each approved rubric. A teacher or |
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another person evaluating student-produced work for purposes of |
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this section must complete the agency training before evaluating |
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student-produced work under this section to ensure consistent |
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application of evaluation criteria within an approved rubric. |
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(e) The commissioner may conduct random audits of locally |
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conducted assessments under this section to ensure that the data |
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produced is sufficiently reliable for purposes of reporting under |
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Section 39.053(c)(2). |
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(f) To comply as necessary with federal law, the |
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commissioner may submit assessment instruments, rubrics, and |
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related materials approved under Subsection (b) to the United |
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States Department of Education for peer review. |
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SECTION 2. Section 39.053, Education Code, is amended by |
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adding Subsection (a-1) and amending Subsections (c), (f), (g), and |
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(g-1) to read as follows: |
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(a-1) The indicators adopted by the commissioner under |
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Subsection (a), including the indicators identified under |
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Subsection (c), must measure and evaluate school districts and |
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campuses with respect to: |
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(1) improving student preparedness for success in: |
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(A) subsequent grade levels; and |
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(B) entering the workforce, the military, or |
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postsecondary education; |
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(2) reducing, with the goal of eliminating, |
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disparities in preparedness for success among students from |
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different racial and ethnic groups and socioeconomic backgrounds; |
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and |
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(3) informing parents and the community regarding |
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campus and district performance in the domains described by |
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Subsection (c) and, for the domain described by Subsection (c)(4), |
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in accordance with local priorities and preferences. |
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(c) School districts and campuses must be evaluated based on |
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four domains of indicators [Indicators] of student achievement |
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adopted under this section that [must] include: |
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(1) in the first domain, the results of: |
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(A) reading and mathematics assessment |
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instruments required under Sections 39.023(a)[, (c),] and (l), |
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[including the results of assessment instruments required for
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graduation retaken by a student,] aggregated across grade levels by |
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subject area, including: |
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(i) [(A)] for the performance standard |
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determined by the commissioner under Section 39.0241(a): |
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(a) [(i)] the percentage of students |
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who performed satisfactorily on the assessment instruments, |
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aggregated across grade levels by subject area; and |
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(b) [(ii)] for students who did not |
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perform satisfactorily, the percentage of students who met the |
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standard for annual improvement on the assessment instruments, as |
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determined by the commissioner by rule or by the method for |
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measuring annual improvement [the agency] under Section 39.034, [on
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the assessment instruments,] aggregated across grade levels by |
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subject area; and |
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(ii) [(B)] for the college readiness |
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performance standard as determined under Section 39.0241: |
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(a) [(i)] the percentage of students |
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who performed satisfactorily on the assessment instruments, |
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aggregated across grade levels by subject area; and |
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(b) [(ii)] for students who did not |
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perform satisfactorily, the percentage of students who met the |
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standard for annual improvement on the assessment instruments, as |
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determined by the commissioner by rule or by the method for |
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measuring annual improvement [the agency] under Section 39.034, [on
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the assessment instruments,] aggregated across grade levels by |
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subject area; |
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(B) reading and mathematics assessment |
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instruments required under Section 39.023(b), aggregated across |
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grade levels by subject area, including: |
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(i) the percentage of students who |
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performed satisfactorily on the assessment instruments, as |
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determined by the performance standard adopted by the agency, |
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aggregated across grade levels by subject area; and |
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(ii) for students who did not perform |
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satisfactorily, as determined by the performance standard adopted |
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by the agency, the percentage of students who met the standard for |
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annual improvement on the assessment instruments, as determined by |
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the commissioner by rule or by the method for measuring annual |
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improvement under Section 39.034, aggregated across grade levels by |
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subject area; and |
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(C) Algebra I, English I, and English II |
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end-of-course assessment instruments under Section 39.023(c), |
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including the results of assessment instruments retaken by a |
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student, aggregated across grade levels by subject area, including: |
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(i) for the performance standard determined |
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by the commissioner under Section 39.0241(a): |
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(a) the percentage of students who |
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performed satisfactorily on the assessment instruments, aggregated |
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across grade levels by subject area; and |
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(b) for students who did not perform |
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satisfactorily, the percentage of students who met the standard for |
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annual improvement on the assessment instruments, as determined by |
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the commissioner by rule or by the method for measuring annual |
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improvement under Section 39.034, aggregated across grade levels by |
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subject area; and |
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(ii) for the college readiness performance |
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standard as determined under Section 39.0241: |
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(a) the percentage of students who |
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performed satisfactorily on the assessment instruments, aggregated |
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across grade levels by subject area; and |
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(b) for students who did not perform |
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satisfactorily, the percentage of students who met the standard for |
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annual improvement on the assessment instruments, as determined by |
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the commissioner by rule or by the method for measuring annual |
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improvement under Section 39.034, aggregated across grade levels by |
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subject area; |
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(2) in the second domain, the results of science, |
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social studies, and writing assessment instruments and rubrics |
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selected and used by school districts as provided by Section |
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39.0265; |
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(3) in the third domain: |
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(A) for evaluating the performance of high school |
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campuses and districts that include high school campuses: |
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(i) dropout rates, including dropout rates |
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and district completion rates for grade levels 9 through 12, |
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computed in accordance with standards and definitions adopted by |
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the National Center for Education Statistics of the United States |
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Department of Education; |
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(ii) [(3)] high school graduation rates, |
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computed in accordance with standards and definitions adopted in |
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compliance with the No Child Left Behind Act of 2001 (20 U.S.C. |
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Section 6301 et seq.); |
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(iii) [(4)] the percentage of students who |
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successfully completed the curriculum requirements for the |
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distinguished level of achievement under the foundation high school |
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program; |
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(iv) [(5)] the percentage of students who |
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successfully completed the curriculum requirements for an |
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endorsement under Section 28.025(c-1); [and] |
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(v) the percentage of students who |
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completed a coherent sequence of career and technical courses; |
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(vi) [(6)
at least three additional
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indicators of student achievement to evaluate district and campus
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performance, which must include either:
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[(A)] the percentage of students who satisfy the |
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Texas Success Initiative (TSI) college readiness benchmarks |
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prescribed by the Texas Higher Education Coordinating Board under |
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Section 51.3062(f) on an assessment instrument in reading, writing, |
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or mathematics designated by the Texas Higher Education |
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Coordinating Board under Section 51.3062(c); [or] |
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(vii) [(B)] the percentage [number] of |
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students who earn[:
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[(i)] at least 12 hours of postsecondary |
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credit required for the foundation high school program under |
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Section 28.025 or to earn an endorsement under Section 28.025(c-1); |
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(viii) the percentage of students who are |
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enrolled in advanced placement courses; |
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(ix) the percentage of students who enlist |
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in the armed forces of the United States; and |
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(x) the percentage of students who earn |
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[(ii)
at least 30 hours of postsecondary credit required for the
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foundation high school program under Section 28.025 or to earn an
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endorsement under Section 28.025(c-1);
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[(iii) an associate's degree; or
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[(iv)] an industry certification; or |
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(B) for evaluating the performance of middle and |
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junior high school and elementary school campuses and districts |
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that include those campuses: |
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(i) student attendance; |
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(ii) the percentage of students who advance |
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to the next grade level; |
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(iii) the number of student disciplinary |
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incidents; and |
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(iv) for middle and junior high school |
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campuses, dropout rates, computed in the manner described by |
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Paragraph (A)(i); and |
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(4) in the fourth domain, three programs or specific |
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categories of performance related to community and student |
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engagement selected as provided by Section 39.0546. |
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(f) Annually, the commissioner shall define the state |
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standard for the current school year for each student achievement |
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indicator described by Subsection (c) and shall project the state |
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standards for each indicator for the following two school years. |
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The commissioner shall periodically raise the state standards for |
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the college readiness student achievement indicator described by |
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Subsections (c)(1)(A)(ii)(a) and (C)(ii)(a) [Subsection
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(c)(1)(B)(i)] for accreditation as necessary to reach the goals of |
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achieving, by not later than the 2019-2020 school year: |
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(1) student performance in this state, disaggregated |
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by race, ethnicity, and socioeconomic status, that ranks nationally |
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in the top 10 states in terms of college readiness; and |
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(2) student performance[,] with no significant |
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achievement gaps by race, ethnicity, and socioeconomic status. |
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(g) In defining the required state standard for the dropout |
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rate indicator described by Subsections (c)(3)(A)(i) and (B)(iv) |
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[Subsection (c)(2)], the commissioner may not consider as a dropout |
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a student whose failure to attend school results from: |
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(1) the student's expulsion under Section 37.007; and |
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(2) as applicable: |
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(A) adjudication as having engaged in delinquent |
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conduct or conduct indicating a need for supervision, as defined by |
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Section 51.03, Family Code; or |
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(B) conviction of and sentencing for an offense |
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under the Penal Code. |
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(g-1) In computing dropout and completion rates under |
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Subsections (c)(3)(A)(i) and (B)(iv) [Subsection (c)(2)], the |
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commissioner shall exclude: |
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(1) students who are ordered by a court to attend a |
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high school equivalency certificate program but who have not yet |
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earned a high school equivalency certificate; |
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(2) students who were previously reported to the state |
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as dropouts, including a student who is reported as a dropout, |
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reenrolls, and drops out again, regardless of the number of times of |
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reenrollment and dropping out; |
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(3) students in attendance who are not in membership |
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for purposes of average daily attendance; |
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(4) students whose initial enrollment in a school in |
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the United States in grades 7 through 12 was as unschooled refugees |
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or asylees as defined by Section 39.027(a-1); |
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(5) students who are in the district exclusively as a |
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function of having been detained at a county detention facility but |
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are otherwise not students of the district in which the facility is |
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located; and |
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(6) students who are incarcerated in state jails and |
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federal penitentiaries as adults and as persons certified to stand |
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trial as adults. |
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SECTION 3. Section 39.054, Education Code, is amended by |
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adding Subsection (a-1) and amending Subsections (c), (d), (e), and |
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(f) to read as follows: |
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(a-1) In addition to the overall performance rating |
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assigned to each school district and campus under Subsection (a), |
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the commissioner shall assign each district and campus a separate |
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rating for each domain under Section 39.053(c). For purposes of |
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assigning an overall rating under Subsection (a), the commissioner |
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by rule shall determine the appropriate weight to assign each |
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domain to accurately reflect the overall performance of districts |
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and campuses. |
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(c) In evaluating school district and campus performance on |
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the student achievement indicator for student performance on |
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reading and mathematics assessment instruments [indicators] |
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adopted under Section [Sections] 39.053(c)(1) and the dropout rate |
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indicator adopted under Sections 39.053(c)(3)(A)(i) and (B)(iv) |
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[(2)], the commissioner shall define acceptable performance as |
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meeting the state standard determined by the commissioner under |
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Section 39.053(f) [39.053(e)] for the current school year based on: |
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(1) student performance in the current school year; or |
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(2) student performance as averaged over the current |
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school year and the preceding two school years. |
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(d) In evaluating performance under Subsection (c), the |
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commissioner: |
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(1) may assign an acceptable performance rating if the |
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campus or district: |
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(A) performs satisfactorily on 85 percent of the |
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measures the commissioner determines appropriate with respect to |
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the student achievement indicator for student performance on |
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reading and mathematics assessment instruments [indicators] |
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adopted under Section [Sections] 39.053(c)(1) and the dropout rate |
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indicator adopted under Sections 39.053(c)(3)(A)(i) and (B)(iv) |
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[(2)]; and |
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(B) does not fail to perform satisfactorily on |
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the same measure described by Paragraph (A) for two consecutive |
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school years; |
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(2) may grant an exception under this subsection to a |
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district or campus only if the performance of the district or campus |
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is within a certain percentage, as determined by the commissioner, |
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of the minimum performance standard established by the commissioner |
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for the measure of evaluation; or |
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(3) may establish other performance criteria for a |
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district or campus to obtain an exception under this subsection. |
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(e) Each annual performance review under this section shall |
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include an analysis of the student achievement indicators adopted |
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under Section 39.053(c) to determine school district and campus |
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performance in relation to[:
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[(1)] standards established for each indicator[; and
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[(2)
required improvement as defined under Section
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39.053(e)]. |
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(f) In the computation of dropout rates under Sections |
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39.053(c)(3)(A)(i) and (B)(iv) [Section 39.053(c)(2)], a student |
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who is released from a juvenile pre-adjudication secure detention |
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facility or juvenile post-adjudication secure correctional |
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facility and fails to enroll in school or a student who leaves a |
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residential treatment center after receiving treatment for fewer |
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than 85 days and fails to enroll in school may not be considered to |
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have dropped out from the school district or campus serving the |
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facility or center unless that district or campus is the one to |
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which the student is regularly assigned. The agency may not limit |
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an appeal relating to dropout computations under this subsection. |
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SECTION 4. Sections 39.0545(b) and (c), Education Code, as |
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added by Chapter 167 (S.B. 1538), Acts of the 83rd Legislature, |
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Regular Session, 2013, are amended to read as follows: |
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(b) Notwithstanding Section 39.053(c)(3)(A)(i) |
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[39.053(c)(2)], the commissioner shall use the alternative |
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completion rate under this subsection to determine the dropout rate |
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[student achievement] indicator under Section 39.053(c)(3)(A)(i) |
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[39.053(c)(2)] for a dropout recovery school. The alternative |
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completion rate shall be the ratio of the total number of students |
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who graduate, continue attending school into the next academic |
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year, or receive a high school equivalency certificate to the total |
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number of students in the longitudinal cohort of students. |
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(c) Notwithstanding Section 39.053(c)(3)(A)(i) |
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[39.053(c)(2)], in determining the performance rating under |
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Section 39.054 of a dropout recovery school, the commissioner shall |
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include any student described by Section 39.053(g-1) who graduates |
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or receives a high school equivalency certificate. |
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SECTION 5. Subchapter C, Chapter 39, Education Code, is |
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amended by adding Section 39.0546 to read as follows: |
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Sec. 39.0546. EVALUATION OF PERFORMANCE IN COMMUNITY AND |
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STUDENT ENGAGEMENT. (a) For purposes of evaluating campuses and |
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districts under Section 39.053(c)(4) and assigning ratings under |
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Section 39.054(a-1), each school district shall select and report |
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to the agency three programs or categories under Section |
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39.0545(b)(1), as added by Chapter 211 (H.B. 5), Acts of the 83rd |
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Legislature, Regular Session, 2013, under which campuses and the |
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district will be evaluated. |
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(b) Each district shall submit to the agency the relevant |
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data to evaluate the campuses and district. |
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SECTION 6. Sections 39.053(e) and 39.054(b), Education |
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Code, are repealed. |
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SECTION 7. This Act applies beginning with the 2016-2017 |
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school year. |
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SECTION 8. 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, 2015. |