85R4461 CAE-D
 
  By: Allen H.B. No. 3114
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to eliminating performance requirements for public school
  assessments as a criterion for promotion in certain grade levels
  and the use of individual graduation committees to satisfy certain
  public high school graduation requirements.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 12.104(b-2), Education Code, is amended
  to read as follows:
         (b-2)  An open-enrollment charter school is subject to the
  requirement to establish an individual graduation committee under  
  Section 28.0258.  [This subsection expires September 1, 2017.]
         SECTION 2.  Section 28.021(c), Education Code, is amended to
  read as follows:
         (c)  In determining promotion under Subsection (a), a school
  district shall consider:
               (1)  the recommendation of the student's teacher;
               (2)  the student's grade in each subject or course; and
               (3)  [the student's score on an assessment instrument
  administered under Section 39.023(a), (b), or (l), to the extent
  applicable; and
               [(4)]  any other necessary academic information, as
  determined by the district.
         SECTION 3.  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 4.  Sections 28.0211(a-1), (c), (d), (g), (i), and
  (k), Education Code, are amended to read as follows:
         (a-1)  Each time a student fails to perform satisfactorily on
  an assessment instrument administered under Section 39.023(a) [in
  the third, fourth, fifth, sixth, seventh, or eighth grade], the
  school district in which the student attends school shall provide
  to the student accelerated instruction in the applicable subject
  area. Accelerated instruction may require participation of the
  student before or after normal school hours and may include
  participation at times of the year outside normal school
  operations.
         (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 a
  second time,   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 (a-1) [(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].
         (g)  This section does not preclude the retention at a grade
  level, in accordance with state law or school district policy, of a
  student who performs satisfactorily on an assessment instrument
  [specified under Subsection (a)].
         (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 (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].
         (k)  The commissioner shall adopt rules as necessary to
  implement this section[, including rules concerning when school
  districts shall administer assessment instruments required under
  this section and which administration of the assessment instruments
  will be used for purposes of Section 39.054].
         SECTION 5.  Section 28.025(c-6), Education Code, is amended
  to read as follows:
         (c-6)  Notwithstanding Subsection (c), a person may receive
  a diploma if the person is eligible for a diploma under Section
  28.0258.  [This subsection expires September 1, 2017.]
         SECTION 6.  Section 28.0258(e), Education Code, is amended
  to read as follows:
         (e)  To be eligible to graduate and receive a high school
  diploma under this section, a student must successfully complete
  the curriculum requirements required for high school graduation:
               (1)  identified by the State Board of Education under
  Section 28.025(a); or
               (2)  as otherwise provided by the transition plan
  adopted by the commissioner to implement and administer the
  amendments made by Chapter 211 (H.B. 5), Acts of the 83rd
  Legislature, Regular Session, 2013, replacing the minimum,
  recommended, and advanced high school programs with the foundation
  high school program [under Section 28.025(h)].
         SECTION 7.  Section 39.025(a-2), Education Code, as added by
  Chapter 5 (S.B. 149), Acts of the 84th Legislature, Regular
  Session, 2015, is amended to read as follows:
         (a-2)  Notwithstanding Subsection (a), a student who has
  failed to perform satisfactorily on end-of-course assessment
  instruments in the manner provided under this section may receive a
  high school diploma if the student has qualified for graduation
  under Section 28.0258.  [This subsection expires September 1,
  2017.]
         SECTION 8.  Section 39.025(a-3), Education Code, is amended
  to read as follows:
         (a-3)  A student who, after retaking an end-of-course
  assessment instrument for Algebra I or English II, has failed to
  perform satisfactorily as required by Subsection (a), but who
  receives a score of proficient on the Texas Success Initiative
  (TSI) diagnostic assessment for the corresponding subject for which
  the student failed to perform satisfactorily on the end-of-course
  assessment instrument satisfies the requirement concerning the
  Algebra I or English II end-of-course assessment, as applicable.  
  [This subsection expires September 1, 2017.]
         SECTION 9.  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 
  [28.0211(c), the results of assessment instruments administered
  under that section,   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
  following 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 10.  The following provisions of the Education Code
  are repealed:
               (1)  Sections 28.0211(a), (a-2), (b), (e), (f), (n),
  (o), and (p);
               (2)  Section 28.0258(l); and
               (3)  Section 28.0259(e).
         SECTION 11.  This Act applies beginning with the 2017-2018
  school year.
         SECTION 12.  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, 2017.