S.B. No. 463         AN ACT   relating to the use of individual graduation committees to satisfy   certain public high school graduation requirements and other   alternative methods to satisfy certain public high school   graduation requirements.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 12.104, Education Code, is amended by   amending Subsection (b-2) and adding Subsection (b-3) 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, 2019 [2017].          (b-3)  An open-enrollment charter school is subject to the   graduation qualification procedure established by the commissioner   under Section 28.02541.  This subsection expires September 1, 2019.          SECTION 2.  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, 2019 [2017].          SECTION 3.  Subchapter B, Chapter 28, Education Code, is   amended by adding Section 28.02541 to read as follows:          Sec. 28.02541.  DIPLOMA FOR CERTAIN STUDENTS WHO ENTERED   NINTH GRADE BEFORE 2011-2012 SCHOOL YEAR. (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   when the student entered the ninth grade;                (3)  has not performed satisfactorily on an assessment   instrument or a part of an assessment instrument required for high   school graduation, including an alternate assessment instrument   offered under Section 39.025(c-1); and                (4)  has been administered the assessment instrument or   the part of the assessment instrument for which the student has not   performed satisfactorily at least three times.          (b)  Notwithstanding the requirements under this subchapter,   the commissioner by rule shall establish a procedure to determine   whether a student subject to this section may qualify to graduate   and receive a high school diploma as provided by this section.          (c)  In adopting rules under this section, the commissioner:                (1)  shall designate the school district in which a   student is enrolled or was last enrolled to make the decision   regarding whether the student qualifies to graduate and receive a   high school diploma; and                (2)  shall establish criteria for school districts to   develop recommendations for alternative requirements by which a   student subject to this section may qualify to graduate and receive   a high school diploma.          (d)  In adopting rules under Subsection (c)(2), the   commissioner may authorize as an alternative requirement:                (1)  an alternative assessment instrument and   performance standard for that assessment instrument;                (2)  work experience; or                (3)  military or other relevant life experience.          (e)  A school district's decision regarding whether the   student qualifies to graduate and receive a high school diploma is   final and may not be appealed.          (f)  The commissioner shall adopt rules to administer this   section.          (g)  This section expires September 1, 2019.          SECTION 4.  Effective September 1, 2018, 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 under Section 28.025(h)].          SECTION 5.  Section 28.0258(l), Education Code, is amended   to read as follows:          (l)  This section expires September 1, 2019 [2017].          SECTION 6.  The heading to Section 28.0259, Education Code,   is amended to read as follows:          Sec. 28.0259.  SCHOOL DISTRICT REPORTING REQUIREMENTS FOR   STUDENTS GRADUATING BASED ON INDIVIDUAL GRADUATION COMMITTEE   REVIEW PROCESS.          SECTION 7.  Section 28.0259(e), Education Code, is amended   to read as follows:          (e)  This section expires September 1, 2019 [2018].          SECTION 8.  Subchapter B, Chapter 28, Education Code, is   amended by adding Section 28.02591 to read as follows:          Sec. 28.02591.  TEXAS HIGHER EDUCATION COORDINATING BOARD   REPORTING REQUIREMENTS FOR STUDENTS GRADUATING BASED ON INDIVIDUAL   GRADUATION COMMITTEE REVIEW PROCESS.  (a)  The Texas Higher   Education Coordinating Board, in coordination with the agency,   shall collect longitudinal data relating to the post-graduation   pursuits of each student who is awarded a diploma based on the   determination of an individual graduation committee under Section   28.0258, as that section existed before September 1, 2019,   including whether the student:                (1)  enters the workforce;                (2)  enrolls in an associate degree or certificate   program at a public or private institution of higher education;                (3)  enrolls in a bachelor's degree program at a public   or private institution of higher education; or                (4)  enlists in the armed forces of the United States or   the Texas National Guard.          (b)  Not later than December 1 of each even-numbered year,   the Texas Higher Education Coordinating Board shall provide a   report to the legislature that includes a summary compilation of   the data collected under Subsection (a) that is presented in a   manner that does not identify an individual student.          (c)  The Texas Higher Education Coordinating Board and the   agency shall adopt rules as necessary to implement this section.          SECTION 9.  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, 2019   [2017].          SECTION 10.  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, 2019 [2017].          SECTION 11.  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.          SECTION 12.  Except as otherwise provided by this Act, 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.             ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 463 passed the Senate on   May 1, 2017, by the following vote:  Yeas 28, Nays 3; May 26, 2017,   Senate refused to concur in House amendments and requested   appointment of Conference Committee; May 26, 2017, House granted   request of the Senate; May 28, 2017, Senate adopted Conference   Committee Report by the following vote:  Yeas 29, Nays 2.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 463 passed the House, with   amendments, on May 23, 2017, by the following vote:  Yeas 141,   Nays 2, one present not voting; May 26, 2017, House granted request   of the Senate for appointment of Conference Committee;   May 28, 2017, House adopted Conference Committee Report by the   following vote:  Yeas 145, Nays 0, two present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________               Date       ______________________________              Governor