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.