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A BILL TO BE ENTITLED
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AN ACT
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relating to public school accountability, including certain |
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assessment requirements, performance standards, and sanctions, |
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including sanctions affecting educator contracts, and to providing |
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alternative methods to satisfy certain public high school |
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graduation requirements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. PUBLIC SCHOOL ACCOUNTABILITY |
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SECTION 1.01. Section 39.0241, Education Code, is amended |
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by adding Subsection (a-2) to read as follows: |
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(a-2) This subsection applies only to an assessment |
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instrument authorized under Section 39.025(a-2), as added by |
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Chapter 1036 (H.B. 1613), Acts of the 84th Legislature, Regular |
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Session, 2015, for use as a substitute assessment instrument for |
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purposes of satisfying the requirements concerning an |
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end-of-course assessment instrument. The commissioner shall |
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designate for student performance on each substitute assessment |
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instrument subject to this subsection a level of performance |
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considered to be satisfactory and a level of performance necessary |
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to indicate college readiness in the same manner as the |
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commissioner designates those standards for student performance on |
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each end-of-course assessment instrument listed in Section |
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39.023(c). The commissioner shall designate the level of |
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performance that indicates college readiness on a substitute |
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assessment as "masters grade-level performance." |
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SECTION 1.02. Section 39.053(c), Education Code, as amended |
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by Chapters 807 (H.B. 22), 842 (H.B. 2223), and 1088 (H.B. 3593), |
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Acts of the 85th Legislature, Regular Session, 2017, is reenacted |
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and amended to read as follows: |
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(c) School districts and campuses must be evaluated based on |
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three domains of indicators of achievement adopted under this |
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section that include: |
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(1) in the student achievement domain, indicators of |
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student achievement that must include: |
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(A) for evaluating the performance of districts |
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and campuses generally: |
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(i) an indicator that accounts for the |
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results of assessment instruments required under Sections |
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39.023(a), (c), and (l), as applicable for the district and campus, |
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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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(a) for the performance standard |
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determined by the commissioner under Section 39.0241(a), the |
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percentage of students who performed satisfactorily on the |
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assessment instruments, aggregated across grade levels by subject |
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area; and |
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(b) for the college readiness |
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performance standard as determined under Section 39.0241, the |
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percentage of students who performed satisfactorily on the |
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assessment instruments, aggregated across grade levels by subject |
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area; and |
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(ii) an indicator that accounts for the |
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results of assessment instruments required under Section |
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39.023(b), as applicable for the district and campus, including the |
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percentage of students who performed satisfactorily on the |
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assessment instruments, as determined by the performance standard |
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adopted by the agency, aggregated across grade levels by subject |
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area; [and] |
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(B) for evaluating the performance of high school |
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campuses and districts that include high school campuses, |
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indicators that account for: |
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(i) students who satisfy the Texas Success |
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Initiative (TSI) college readiness benchmarks prescribed by the |
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Texas Higher Education Coordinating Board under Section 51.334 on |
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an assessment instrument in reading or mathematics designated by |
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the coordinating board under that section; |
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(ii) students who satisfy relevant |
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performance standards on advanced placement tests or similar |
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assessments; |
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(iii) students who earn dual course credits |
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in English language arts, mathematics, science, or social studies |
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[the] dual credit courses; |
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(iv) students who enlist in the armed |
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forces of the United States; |
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(v) students who complete coherent |
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sequences of courses required to earn industry certifications; |
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(vi) students admitted into postsecondary |
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industry certification programs that require as a prerequisite for |
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entrance successful performance at the secondary level; |
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(vii) students whose successful completion |
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of a course or courses under Section 28.014 indicates the student's |
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preparation to enroll and succeed, without remediation, in an |
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entry-level general education course for a baccalaureate degree or |
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associate degree; |
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(viii) students who successfully met |
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standards on a composite of indicators that through research |
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indicates the student's preparation to enroll and succeed, without |
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remediation, in an entry-level general education course for a |
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baccalaureate degree or associate degree; |
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(ix) high school graduation rates, computed |
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in accordance with standards and definitions adopted in compliance |
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with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) |
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subject to the exclusions provided by Subsections (g), (g-1), |
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(g-2), and (g-3); |
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(x) students who successfully completed an |
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OnRamps dual enrollment course; [and] |
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(xi) [the percentage of] students who |
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successfully completed a practicum or internship approved by the |
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State Board of Education; |
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(xii) students who are awarded an associate |
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[associate's] degree; |
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(xiii) students who participate in |
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extracurricular activities, including University Interscholastic |
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League A+ academic events and foreign language, chess, and robotics |
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clubs; and |
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(xiv) ninth grade students who are |
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academically on track to graduate with their ninth grade cohort; |
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and |
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(C) 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, indicators that account for: |
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(i) students who participate in full-day |
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prekindergarten programs; |
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(ii) students who participate in |
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elementary literacy and mathematics academies; and |
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(iii) students who participate in |
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extracurricular activities, including University Interscholastic |
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League A+ academic events and foreign language, chess, and robotics |
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clubs; |
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(2) in the school progress domain, indicators for |
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effectiveness in promoting student learning, which must include: |
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(A) for assessment instruments, including |
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assessment instruments under Subdivisions (1)(A)(i) and (ii), the |
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percentage of students who met the standard for improvement, as |
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determined by the commissioner; and |
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(B) for evaluating relative performance, the |
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performance of districts and campuses compared to similar districts |
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or campuses; and |
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(3) in the closing the gaps domain, the use of |
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disaggregated data to demonstrate the differentials among students |
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from different racial and ethnic groups, socioeconomic |
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backgrounds, and other factors, including: |
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(A) students formerly receiving special |
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education services; |
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(B) students continuously enrolled; and |
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(C) students who are mobile. |
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SECTION 1.03. Section 39.053, Education Code, is amended by |
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adding Subsection (c-4) to read as follows: |
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(c-4) The commissioner shall determine a method by which a |
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student's performance under Subsection (c)(1)(B)(v) may be |
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included in determining the performance of a district or campus |
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under Section 39.054 if the student successfully completed the |
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courses but did not receive the certification until after the |
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student graduated. |
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SECTION 1.04. Section 39.054, Education Code, is amended by |
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adding Subsections (a-5) and (a-6) to read as follows: |
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(a-5) For purposes of assigning each district and campus a |
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domain performance rating under Section 39.053(c), the |
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commissioner may not attribute more than 50 percent of any domain |
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performance rating to the results of assessment instruments |
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required under Sections 39.023(a), (b), (c), and (l). |
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(a-6) For purposes of assigning each district and campus a |
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domain performance rating for the student achievement domain under |
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Section 39.053(c)(1), the commissioner shall attribute: |
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(1) 40 percent of the performance rating to the |
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indicators under Section 39.053(c)(1)(A) relating to assessment |
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instrument results; |
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(2) 20 percent of the performance rating to the |
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indicator under Section 39.053(c)(1)(B)(ix) relating to high |
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school graduation rates; and |
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(3) 40 percent of the performance rating to the |
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indicators under Section 39.053(c)(1)(B) relating to college, |
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career, and military readiness. |
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SECTION 1.05. Section 39.0548, Education Code, is amended |
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by amending Subsections (a) and (d) and adding Subsections (a-1), |
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(e), (f), (g), and (h) to read as follows: |
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(a) For purposes of evaluating performance under Section |
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39.053(c), the commissioner shall designate as a dropout recovery |
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school a school district or an open-enrollment charter school or a |
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campus of a district or of an open-enrollment charter school: |
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(1) that serves students in grades 9 through 12 and has |
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an enrollment of which at least 50 percent of the students are 17 |
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years of age or older as of September 1 of the school year as |
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reported for the fall semester Public Education Information |
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Management System (PEIMS) submission; and |
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(2) that [meets the eligibility requirements for and] |
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is registered under alternative education accountability |
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procedures adopted by the commissioner. |
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(a-1) For purposes of assigning performance ratings under |
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Section 39.054, the commissioner shall evaluate a dropout recovery |
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school under alternative education accountability procedures |
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adopted by the commissioner. |
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(d) For [Notwithstanding Section 39.053(c), for] purposes |
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of evaluating a dropout recovery school under the alternative |
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education accountability procedures adopted by the commissioner |
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[to determine the performance rating of the school under Section
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39.054], only the best result from the primary administration or |
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any retake of an assessment instrument administered to a student in |
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the school year evaluated may be considered in assigning |
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performance ratings for the school under Section 39.054. |
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(e) For purposes of evaluating performance of a dropout |
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recovery school under the student achievement domain under Section |
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39.053(c)(1), the commissioner may consider for purposes of |
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assigning a domain performance rating under Section 39.054 student |
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performance based only on the "approaches grade level" performance |
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standard. Any evaluation of student performance based on a higher |
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performance standard may not be considered to negatively affect the |
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domain performance rating or a performance target score of the |
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school. |
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(f) For purposes of evaluating performance of a dropout |
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recovery school under the school progress domain under Section |
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39.053(c)(2), the commissioner may award credit for academic growth |
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for purposes of assigning a domain performance rating under Section |
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39.054 based only on a student reaching the "approaches grade |
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level" performance standard. Any evaluation of student performance |
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based on reaching a higher academic growth performance standard may |
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not be considered to negatively affect the amount of credit awarded |
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to the school or the domain performance rating or a performance |
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target score of the school. |
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(g) For purposes of assigning an overall performance rating |
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for a dropout recovery school under Section 39.054, the |
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commissioner shall consider only the school's domain performance |
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ratings under the student achievement domain under Section |
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39.053(c)(1) and the school progress domain under Section |
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39.053(c)(2). |
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(h) The performance of a dropout recovery school under the |
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closing the gaps domain under Section 39.053(c)(3) may be used for |
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reporting purposes only. |
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SECTION 1.06. This article applies beginning with the |
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2019-2020 school year. |
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ARTICLE 2. ACCOUNTABILITY INTERVENTIONS AND SANCTIONS |
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SECTION 2.01. Section 39A.051(b), Education Code, is |
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amended to read as follows: |
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(b) For a campus described by Subsection (a), the |
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commissioner, to the extent the commissioner determines necessary, |
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may: |
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(1) order a hearing to be held before the commissioner |
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or the commissioner's designee at which the president of the board |
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of trustees of the school district, the district superintendent, |
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and the campus principal shall appear and explain the campus's low |
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performance, lack of improvement, and plans for improvement; [or] |
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(2) establish a school community partnership team |
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composed of members of the campus-level planning and |
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decision-making committee established under Section 11.251 and |
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additional community representatives as determined appropriate by |
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the commissioner; or |
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(3) order reconstitution of the campus and |
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implementation of strategic staffing as provided by Section |
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39A.0511. |
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SECTION 2.02. Effective September 1, 2019, Subchapter B, |
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Chapter 39A, Education Code, is amended by adding Section 39A.0511 |
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to read as follows: |
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Sec. 39A.0511. RECONSTITUTION AND STRATEGIC STAFFING. (a) |
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For a campus described by Section 39A.051(a), the school district |
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may choose to pursue reconstitution and implementation of strategic |
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staffing for the campus as provided by this section. |
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(b) The commissioner by rule shall provide procedures for |
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the strategic staffing of a campus that is reconstituted by order of |
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the commissioner under Section 39A.051(b) or by option of the |
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school district under Subsection (a), including procedures for: |
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(1) the retention at the campus of a teacher of a |
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subject for which an assessment instrument is administered under |
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Section 39.023 only if a pattern of significant academic |
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improvement by students taught by the teacher is established; |
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(2) removal of the principal of the campus, unless the |
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campus intervention team determines retention of the principal |
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would be more beneficial to student achievement and campus |
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stability than removal; and |
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(3) placement of educators at the campus based on each |
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educator's established effectiveness. |
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(c) A determination that an educator may not be retained at |
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a reconstituted campus constitutes good cause under Chapter 21 for |
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discharging the educator and terminating the educator's contract. |
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This subsection applies regardless of whether the reconstitution |
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was ordered by the commissioner under Section 39A.051(b) or |
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implemented by option of the school district under Subsection (a). |
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SECTION 2.03. Section 39A.060, Education Code, is amended |
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to conform to Section 1, Chapter 472 (H.B. 2263), Acts of the 85th |
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Legislature, Regular Session, 2017, and further amended to read as |
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follows: |
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Sec. 39A.060. CAMPUS INTERVENTION TEAM CONTINUING |
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DUTIES. For each year a campus is assigned an unacceptable |
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performance rating, the campus intervention team shall: |
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(1) [continue to work with the campus until:
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[(A)
the campus satisfies all performance
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standards under Section 39.054(e) for a two-year period; or
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[(B)
the campus satisfies all performance
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standards under Section 39.054(e) for a one-year period and the
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commissioner determines that the campus is operating and will
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continue to operate in a manner that improves student achievement;
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[(2)] assist in updating the targeted improvement plan |
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to identify and analyze areas of growth and areas that require |
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improvement; [and] |
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(2) [(3)] submit each updated targeted improvement |
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plan described by Subdivision (1) [(2)] to the board of trustees of |
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the school district; and |
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(3) determine which educators may be retained at the |
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campus, if the campus is reconstituted by order of the commissioner |
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under Section 39A.051(b) or by option of the school district under |
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Section 39A.0511. |
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SECTION 2.04. The change in law made by Section |
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39A.0511(c), Education Code, as added by this Act, applies only to a |
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contract entered into on or after September 1, 2019. |
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SECTION 2.05. This article applies beginning with the |
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2019-2020 school year. |
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ARTICLE 3. INDIVIDUAL GRADUATION COMMITTEES |
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SECTION 3.01. Sections 12.104(b-2) and (b-3), Education |
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Code, are amended 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, 2019.] |
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(b-3) An open-enrollment charter school is subject to the |
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graduation qualification procedure established by the commissioner |
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under Section 28.02541. [This subsection expires September 1,
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2019.] |
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SECTION 3.02. Section 28.025(c-6), Education Code, is |
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amended 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, 2019.] |
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SECTION 3.03. Effective September 1, 2019, Section |
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28.02541(a), Education Code, is amended to read as follows: |
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(a) This section applies only to a student who: |
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(1) entered the ninth grade before the 2011-2012 |
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school year; |
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(2) successfully completed the curriculum |
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requirements for high school graduation applicable to the student |
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when the student entered the ninth grade; |
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(3) has not performed satisfactorily on an assessment |
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instrument or a part of an assessment instrument required for high |
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school graduation, including an alternate assessment instrument |
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offered under Section 39.025(c-2) [39.025(c-1)]; and |
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(4) has been administered the assessment instrument or |
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the part of the assessment instrument for which the student has not |
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performed satisfactorily at least three times. |
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SECTION 3.04. Section 28.02591(a), Education Code, is |
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amended to read as follows: |
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(a) The Texas Higher Education Coordinating Board, in |
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coordination with the agency, shall collect longitudinal data |
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relating to the post-graduation pursuits of each student who is |
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awarded a diploma based on the determination of an individual |
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graduation committee under Section 28.0258, [as that section
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existed before September 1, 2019,] including whether the student: |
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(1) enters the workforce; |
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(2) enrolls in an associate degree or certificate |
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program at a public or private institution of higher education; |
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(3) enrolls in a bachelor's degree program at a public |
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or private institution of higher education; or |
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(4) enlists in the armed forces of the United States or |
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the Texas National Guard. |
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SECTION 3.05. Section 39.025(a-2), Education Code, as added |
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by Chapter 5 (S.B. 149), Acts of the 84th Legislature, Regular |
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Session, 2015, is redesignated as Section 39.025(a-5), Education |
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Code, and amended to read as follows: |
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(a-5) [(a-2)] Notwithstanding Subsection (a), a student who |
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has 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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2019.] |
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SECTION 3.06. Section 39.025(a-3), Education Code, is |
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amended 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, 2019.] |
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SECTION 3.07. Sections 28.02541(g), 28.0258(l), and |
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28.0259(e), Education Code, are repealed. |
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ARTICLE 4. CONFLICTS PROVISION; EFFECTIVE DATE |
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SECTION 4.01. To the extent of any conflict, this Act |
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prevails over another Act of the 86th Legislature, Regular Session, |
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2019, relating to nonsubstantive additions to and corrections in |
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enacted codes. |
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SECTION 4.02. Except as otherwise provided by this Act, |
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this Act takes effect immediately if it receives a vote of |
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two-thirds of all the members elected to each house, as provided by |
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Section 39, Article III, Texas Constitution. If this Act does not |
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receive the vote necessary for immediate effect, this Act takes |
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effect on the 91st day after the last day of the legislative |
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session. |