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A BILL TO BE ENTITLED
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AN ACT
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relating to eliminating performance requirements for public school |
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assessments as a criterion for promotion in certain grade levels |
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and the use of individual graduation committees to satisfy certain |
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public high school graduation requirements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.104(b-2), Education Code, is amended |
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to read as follows: |
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(b-2) An open-enrollment charter school is subject to the |
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requirement to establish an individual graduation committee under |
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Section 28.0258. [This subsection expires September 1, 2017.] |
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SECTION 2. Section 28.021(c), Education Code, is amended to |
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read as follows: |
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(c) In determining promotion under Subsection (a), a school |
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district shall consider: |
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(1) the recommendation of the student's teacher; |
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(2) the student's grade in each subject or course; and |
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(3) [the student's score on an assessment instrument
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administered under Section 39.023(a), (b), or (l), to the extent
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applicable; and
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[(4)] any other necessary academic information, as |
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determined by the district. |
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SECTION 3. The heading to Section 28.0211, Education Code, |
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is amended to read as follows: |
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Sec. 28.0211. [SATISFACTORY PERFORMANCE ON ASSESSMENT
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INSTRUMENTS REQUIRED;] ACCELERATED INSTRUCTION. |
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SECTION 4. Sections 28.0211(a-1), (c), (d), (g), (i), and |
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(k), Education Code, are amended to read as follows: |
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(a-1) Each time a student fails to perform satisfactorily on |
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an assessment instrument administered under Section 39.023(a) [in
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the third, fourth, fifth, sixth, seventh, or eighth grade], the |
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school district in which the student attends school shall provide |
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to the student accelerated instruction in the applicable subject |
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area. Accelerated instruction may require participation of the |
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student before or after normal school hours and may include |
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participation at times of the year outside normal school |
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operations. |
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(c) [Each time a student fails to perform satisfactorily on
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an assessment instrument specified under Subsection (a), the school
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district in which the student attends school shall provide to the
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student accelerated instruction in the applicable subject area,
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including reading instruction for a student who fails to perform
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satisfactorily on a reading assessment instrument.
After a student
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fails to perform satisfactorily on an assessment instrument a
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second time,
a grade placement committee shall be established to
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prescribe the accelerated instruction the district shall provide to
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the student before the student is administered the assessment
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instrument the third time. The grade placement committee shall be
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composed of the principal or the principal's designee, the
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student's parent or guardian, and the teacher of the subject of an
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assessment instrument on which the student failed to perform
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satisfactorily. The district shall notify the parent or guardian
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of the time and place for convening the grade placement committee
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and the purpose of the committee.] An accelerated instruction |
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group administered by a school district under this section may not |
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have a ratio of more than 10 students for each teacher. |
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(d) In addition to providing accelerated instruction to a |
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student under Subsection (a-1) [(c)], the district shall notify the |
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student's parent or guardian of: |
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(1) the student's failure to perform satisfactorily on |
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the assessment instrument; and |
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(2) the accelerated instruction program to which the |
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student is assigned[; and
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[(3)
the possibility that the student might be
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retained at the same grade level for the next school year]. |
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(g) This section does not preclude the retention at a grade |
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level, in accordance with state law or school district policy, of a |
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student who performs satisfactorily on an assessment instrument |
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[specified under Subsection (a)]. |
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(i) The admission, review, and dismissal committee of a |
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student who participates in a district's special education program |
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under Subchapter A [B], Chapter 29, and who does not perform |
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satisfactorily on an assessment instrument [specified under
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Subsection (a) and] administered under Section 39.023(a) or (b) |
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shall determine[:
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[(1)] the manner in which the student will participate |
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in an accelerated instruction program under this section[; and
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[(2)
whether the student will be promoted or retained
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under this section]. |
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(k) The commissioner shall adopt rules as necessary to |
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implement this section[, including rules concerning when school
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districts shall administer assessment instruments required under
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this section and which administration of the assessment instruments
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will be used for purposes of Section 39.054]. |
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SECTION 5. Section 28.025(c-6), Education Code, is amended |
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to read as follows: |
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(c-6) Notwithstanding Subsection (c), a person may receive |
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a diploma if the person is eligible for a diploma under Section |
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28.0258. [This subsection expires September 1, 2017.] |
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SECTION 6. Section 28.0258(e), Education Code, is amended |
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to read as follows: |
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(e) To be eligible to graduate and receive a high school |
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diploma under this section, a student must successfully complete |
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the curriculum requirements required for high school graduation: |
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(1) identified by the State Board of Education under |
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Section 28.025(a); or |
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(2) as otherwise provided by the transition plan |
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adopted by the commissioner to implement and administer the |
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amendments made by Chapter 211 (H.B. 5), Acts of the 83rd |
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Legislature, Regular Session, 2013, replacing the minimum, |
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recommended, and advanced high school programs with the foundation |
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high school program [under Section 28.025(h)]. |
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SECTION 7. Section 39.025(a-2), Education Code, as added by |
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Chapter 5 (S.B. 149), Acts of the 84th Legislature, Regular |
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Session, 2015, is amended to read as follows: |
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(a-2) Notwithstanding Subsection (a), a student who has |
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failed to perform satisfactorily on end-of-course assessment |
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instruments in the manner provided under this section may receive a |
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high school diploma if the student has qualified for graduation |
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under Section 28.0258. [This subsection expires September 1,
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2017.] |
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SECTION 8. Section 39.025(a-3), Education Code, is amended |
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to read as follows: |
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(a-3) A student who, after retaking an end-of-course |
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assessment instrument for Algebra I or English II, has failed to |
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perform satisfactorily as required by Subsection (a), but who |
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receives a score of proficient on the Texas Success Initiative |
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(TSI) diagnostic assessment for the corresponding subject for which |
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the student failed to perform satisfactorily on the end-of-course |
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assessment instrument satisfies the requirement concerning the |
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Algebra I or English II end-of-course assessment, as applicable. |
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[This subsection expires September 1, 2017.] |
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SECTION 9. Section 39.301(c), Education Code, is amended to |
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read as follows: |
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(c) Indicators for reporting purposes must include: |
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(1) the percentage of graduating students who meet the |
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course requirements established by State Board of Education rule |
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for: |
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(A) the foundation high school program; |
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(B) the distinguished level of achievement under |
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the foundation high school program; and |
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(C) each endorsement described by Section |
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28.025(c-1); |
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(2) the results of the SAT, ACT, articulated |
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postsecondary degree programs described by Section 61.852, and |
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certified workforce training programs described by Chapter 311, |
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Labor Code; |
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(3) for students who have failed to perform |
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satisfactorily, under each performance standard under Section |
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39.0241, on an assessment instrument required under Section |
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39.023(a) or (c), the performance of those students on subsequent |
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assessment instruments required under those sections, aggregated |
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by grade level and subject area; |
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(4) for each campus, the number of students, |
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disaggregated by major student subpopulations, that take courses |
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under the foundation high school program and take additional |
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courses to earn an endorsement under Section 28.025(c-1), |
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disaggregated by type of endorsement; |
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(5) the percentage of students, aggregated by grade |
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level, provided accelerated instruction under Section 28.0211 |
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[28.0211(c), the results of assessment instruments administered
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under that section,
the percentage of students promoted through the
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grade placement committee process under Section 28.0211], the |
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subject of the assessment instrument on which each student failed |
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to perform satisfactorily under each performance standard under |
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Section 39.0241, and the performance of those students in the |
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following school year [following that promotion] on the assessment |
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instruments required under Section 39.023; |
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(6) the percentage of students of limited English |
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proficiency exempted from the administration of an assessment |
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instrument under Sections 39.027(a)(1) and (2); |
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(7) the percentage of students in a special education |
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program under Subchapter A, Chapter 29, assessed through assessment |
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instruments developed or adopted under Section 39.023(b); |
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(8) the percentage of students who satisfy the college |
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readiness measure; |
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(9) the measure of progress toward dual language |
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proficiency under Section 39.034(b), for students of limited |
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English proficiency, as defined by Section 29.052; |
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(10) the percentage of students who are not |
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educationally disadvantaged; |
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(11) the percentage of students who enroll and begin |
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instruction at an institution of higher education in the school |
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year following high school graduation; and |
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(12) the percentage of students who successfully |
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complete the first year of instruction at an institution of higher |
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education without needing a developmental education course. |
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SECTION 10. The following provisions of the Education Code |
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are repealed: |
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(1) Sections 28.0211(a), (a-2), (b), (e), (f), (n), |
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(o), and (p); |
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(2) Section 28.0258(l); and |
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(3) Section 28.0259(e). |
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SECTION 11. This Act applies beginning with the 2017-2018 |
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school year. |
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SECTION 12. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2017. |