SB 463, Sen 2nd Rdg, Amnd #F2

(1) In SECTION 1 of the bill, in the recital (page 1, line 24), strike "12.104(b-2), Education Code, is amended" and substitute "12.104, Education Code, is amended by amending Subsection (b-2) and adding Subsection (b-3)".

(2) In SECTION 1 of the bill, in amended Section 12.104, Education Code (page 1, between lines 28 and 29), insert the following:

(b-3) An open-enrollment charter school is subject to the requirement to establish an individual graduation committee under Section 28.02581. This subsection expires September 1, 2019.

(3) Add the following appropriately numbered SECTIONS to the bill:

SECTION ____. Subchapter B, Chapter 28, Education Code, is amended by adding Section 28.02581 to read as follows:

Sec. 28.02581. HIGH SCHOOL DIPLOMA AWARDED ON BASIS OF INDIVIDUAL GRADUATION COMMITTEE REVIEW FOR CERTAIN STUDENTS WHO ENTERED THE NINTH GRADE BEFORE 2011-2012. (a) This section applies only to a student who:

(1) entered the ninth grade before the 2011-2012 school year;

(2) successfully completed the curriculum requirements for high school graduation applicable to the student; and

(3) failed to comply with any exit-level assessment instrument performance requirements for assessment instruments administered under Section 39.023(c), as that section existed before amendment by Chapter 1312 (S.B. 1031), Acts of the 80th Legislature, Regular Session, 2007.

(b) For each student to whom this section applies, the school district in which the student is enrolled or was last enrolled, on request by the student, shall establish an individual graduation committee to determine whether the student may qualify to graduate as provided by this section. The committee shall be composed of:

(1) the principal or principal's designee;

(2) for each exit-level assessment instrument on which the student failed to perform satisfactorily, a teacher in the applicable subject area;

(3) the department chair or lead teacher supervising the teacher described by Subdivision (2); and

(4) the student for whom the committee is established.

(c) The commissioner by rule shall establish a procedure for appointing an alternative committee member if a person described by Subsection (b)(1), (2), or (3) is unable to serve. The superintendent of each school district shall establish procedures for the convening of an individual graduation committee.

(d) The school district shall ensure a good faith effort is made to timely notify the student for whom the individual graduation committee is established of the time and place for convening the committee. The notice must be:

(1) provided in person or by regular mail or e-mail; and

(2) clear and easy to understand.

(e) Notwithstanding any other law, an individual graduation committee established under this section shall recommend additional requirements by which the student for whom the committee is established may qualify to graduate, including:

(1) additional remediation; and

(2) for each exit-level assessment instrument on which the student failed to perform satisfactorily:

(A) the completion of a project related to the subject area that demonstrates proficiency in the subject area; or

(B) the preparation of a portfolio of work samples in the subject area, including work samples that demonstrate proficiency in the subject area.

(f) For purposes of Subsection (e), the student may submit to the individual graduation committee coursework previously completed to satisfy a recommended additional requirement.

(g) In determining whether a student for whom an individual graduation committee is established is qualified to graduate, the committee shall consider:

(1) any recommendation of the teacher of the student in a subject area for which the student failed to perform satisfactorily on an exit-level assessment instrument;

(2) the student's grade in each course of the subject for which the student failed to perform satisfactorily on an exit-level assessment instrument;

(3) the student's score on each exit-level 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 (e);

(5) the number of hours of remediation that the student has attended, including attendance in and successful completion of a transitional college course in reading or mathematics;

(6) the student's school attendance rate during the student's enrollment in high school;

(7) the student's satisfaction of any of the Texas Success Initiative (TSI) college readiness benchmarks prescribed by the Texas Higher Education Coordinating Board;

(8) the student's successful completion of a dual credit course in English, mathematics, science, or social studies;

(9) the student's successful completion of a high school pre-advanced placement, advanced placement, or international baccalaureate program course in English, mathematics, science, or social studies;

(10) the student's rating of advanced high on the high school administration of the Texas English Language Proficiency Assessment System;

(11) the student's score of 50 or greater on a College-Level Examination Program examination;

(12) the student's score on the ACT, the SAT, or the Armed Services Vocational Aptitude Battery test;

(13) the student's completion of a sequence of high school courses under a career and technical education program required to attain an industry-recognized credential or certificate;

(14) the student's overall preparedness for postsecondary success; and

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

(h) After considering the criteria under Subsection (g), the individual graduation committee may determine that the student is qualified to graduate. Notwithstanding any other law, a student for whom an individual graduation committee is established may graduate and receive a high school diploma on the basis of the committee's decision only if the student successfully completes all additional requirements recommended by the committee under Subsection (e) and the committee's vote is unanimous. The commissioner by rule shall establish a timeline for making a determination under this subsection. This subsection does not create a property interest in graduation. The decision of a committee is final and may not be appealed.

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

(j) This section expires September 1, 2019.

SECTION ____. Effective September 1, 2019, Section 39.025, Education Code, is amended by amending Subsection (c-1) and adding Subsection (c-2) to read as follows:

(c-1) A school district may not administer an assessment instrument required for graduation administered under this section as this section existed:

(1) before September 1, 1999; or

(2) before amendment by Chapter 1312 (S.B. 1031), Acts of the 80th Legislature, Regular Session, 2007.

(c-2) A school district may administer to a student who failed to perform satisfactorily on an assessment instrument described by Subsection (c-1) [~~this subsection~~] an alternate assessment instrument designated by the commissioner. The commissioner shall determine the level of performance considered to be satisfactory on an alternate assessment instrument. The district may not administer to the student an assessment instrument or a part of an assessment instrument that assesses a subject that was not assessed in an assessment instrument applicable to the student described by Subsection (c-1) [~~required for graduation administered under this section as this section existed before September 1, 1999~~]. The commissioner shall make available to districts information necessary to administer the alternate assessment instrument authorized by this subsection. The commissioner's determination regarding designation of an appropriate alternate assessment instrument under this subsection and the performance required on the assessment instrument is final and may not be appealed.