By: Seliger, et al. S.B. No. 463     A BILL TO BE ENTITLED   AN ACT   relating to 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, 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   requirement to establish an individual graduation committee under   Section 28.02581.  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.  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 4.  Section 28.0258(l), Education Code, is amended   to read as follows:          (l)  This section expires September 1, 2019 [2017].          SECTION 5.  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 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, 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.