Bill Text: TX HB3046 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to eliminating the requirement to use public school assessment instruments as a criterion for promotion or graduation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-03-13 - Referred to Public Education [HB3046 Detail]

Download: Texas-2019-HB3046-Introduced.html
  86R9825 CAE-D
 
  By: Pacheco H.B. No. 3046
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to eliminating the requirement to use public school
  assessment instruments as a criterion for promotion or graduation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 18.005(c), Education Code, is amended to
  read as follows:
         (c)  A Job Corps diploma program shall:
               (1)  develop educational programs specifically
  designed for persons eligible for enrollment in a Job Corps
  training program established by the United States Department of
  Labor;
               (2)  coordinate educational programs and services in
  the diploma program with programs and services provided by the
  United States Department of Labor and other federal and state
  agencies and local political subdivisions and by persons who
  provide programs and services under contract with the United States
  Department of Labor;
               (3)  provide a course of instruction that includes the
  required curriculum under Subchapter A, Chapter 28; and
               (4)  [require that students enrolled in the diploma
  program satisfy the requirements of Section 39.025 before receiving
  a diploma under this chapter; and
               [(5)]  comply with a requirement imposed under this
  title or a rule adopted under this title relating to the Public
  Education Information Management System (PEIMS) to the extent
  necessary to determine compliance with this chapter, as determined
  by the commissioner.
         SECTION 2.  Section 19.0043(b), Education Code, is amended
  to read as follows:
         (b)  A student may graduate and receive a diploma from a
  Windham School District educational program if:
               (1)  the student successfully completes the curriculum
  requirements identified by the State Board of Education under
  Section 28.025(a) [and complies with Section 39.025]; or
               (2)  the student successfully completes the curriculum
  requirements under Section 28.025(a) as modified by an
  individualized education program developed under Section 29.005.
         SECTION 3.  Section 25.005(b), Education Code, is amended to
  read as follows:
         (b)  A reciprocity agreement must:
               (1)  address procedures for:
                     (A)  transferring student records; and
                     (B)  awarding credit for completed course work;
  and
                     [(C)     permitting a student to satisfy the
  requirements of Section 39.025 through successful performance on
  comparable end-of-course or other exit-level assessment
  instruments administered in another state; and]
               (2)  include appropriate criteria developed by the
  agency.
         SECTION 4.  Section 28.021, Education Code, is amended by
  adding Subsection (a-1) and amending Subsection (c) to read as
  follows:
         (a-1)  A student demonstrates proficiency of the subject
  matter of a course or grade level for purposes of promotion if the
  student performs satisfactorily on an assessment instrument
  administered for the subject matter of the course or grade level
  regardless of whether the student received a passing score in the
  subject matter of the course or grade level.
         (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 5.  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 6.  Sections 28.0211(a-1), (c), (d), (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].
         (i)  The admission, review, and dismissal committee of a
  student who participates in a district's special education program
  under Subchapter A, 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)
  must meet before the student is administered the assessment
  instrument for the second time. The committee 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 in
  accordance with Subsection (i-1) 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 7.  Section 28.025, Education Code, is amended by
  amending Subsections (b-7), (c), and (e) and adding Subsection
  (c-8) to read as follows:
         (b-7)  The State Board of Education, in coordination with the
  Texas Higher Education Coordinating Board, shall adopt rules to
  ensure that a student may comply with the curriculum requirements
  under the foundation high school program or for an endorsement
  under Subsection (c-1) by successfully completing appropriate
  courses in the core curriculum of an institution of higher
  education under Section 61.822. Notwithstanding Subsection (b-15)
  or (c) [of this section, Section 39.025,] or any other provision of
  this code and notwithstanding any school district policy, a student
  who has completed the core curriculum of an institution of higher
  education under Section 61.822, as certified by the institution in
  accordance with commissioner rule, is considered to have earned a
  distinguished level of achievement under the foundation high school
  program and is entitled to receive a high school diploma from the
  appropriate high school as that high school is determined in
  accordance with commissioner rule.  A student who is considered to
  have earned a distinguished level of achievement under the
  foundation high school program under this subsection may apply for
  admission to an institution of higher education for the first
  semester or other academic term after the semester or other
  academic term in which the student completes the core curriculum.
         (c)  A person may receive a diploma if the person is eligible
  for a diploma under Section 28.0251.  In other cases, a student may
  graduate and receive a diploma only if:
               (1)  the student successfully completes the curriculum
  requirements identified by the State Board of Education under
  Subsection (a) [and complies with Section 39.025]; or
               (2)  the student successfully completes an
  individualized education program developed under Section 29.005.
         (c-8)  For purposes of Subsection (c)(1), a student
  successfully completes curriculum requirements identified by the
  State Board of Education if the student performs satisfactorily on
  an end-of-course assessment instrument administered for the course
  regardless of whether the student received a passing score in the
  course.
         (e)  Each school district shall report the academic
  achievement record of students who have completed the foundation
  high school program on transcript forms adopted by the State Board
  of Education.  [The transcript forms adopted by the board must be
  designed to clearly identify whether a student received a diploma
  or a certificate of coursework completion.]
         SECTION 8.  Section 28.0255(g), Education Code, is amended
  to read as follows:
         (g)  A student is entitled to a high school diploma if the
  student[:
               [(1)]  successfully complies with the curriculum
  requirements specified under Subsection (e)[; and
               [(2)     performs satisfactorily, as determined by the
  commissioner under Subsection (h), on end-of-course assessment
  instruments listed under Section 39.023(c) for courses in which the
  student was enrolled].
         SECTION 9.  Section 29.081(b-1), Education Code, is amended
  to read as follows:
         (b-1)  Each school district shall offer before the next
  scheduled administration of the assessment instrument, without
  cost to the student, additional accelerated instruction to each
  student in any subject in which the student failed to perform
  satisfactorily on an end-of-course assessment instrument listed in
  Section 39.023(c) [required for graduation].
         SECTION 10.  Section 29.259(g), Education Code, is amended
  to read as follows:
         (g)  A person who is at least 19 years of age and not more
  than 50 years of age is eligible to enroll in the adult education
  program under this section if the person has not earned a high
  school equivalency certificate and:
               (1)  has failed to complete the curriculum requirements
  for high school graduation; or
               (2)  has failed to perform satisfactorily on an
  assessment instrument that, before the 2019-2020 school year, was
  required for high school graduation.
         SECTION 11.  Section 29.402(c), Education Code, is amended
  to read as follows:
         (c)  A public junior college under this section shall:
               (1)  design a dropout recovery curriculum that includes
  career and technology education courses that lead to industry or
  career certification;
               (2)  integrate into the dropout recovery curriculum
  research-based strategies to assist students in becoming able
  academically to pursue postsecondary education, including:
                     (A)  high quality, college readiness instruction
  with strong academic and social supports;
                     (B)  secondary to postsecondary bridging that
  builds college readiness skills, provides a plan for college
  completion, and ensures transition counseling; and
                     (C)  information concerning appropriate supports
  available in the first year of postsecondary enrollment to ensure
  postsecondary persistence and success, to the extent funds are
  available for the purpose;
               (3)  offer advanced academic and transition
  opportunities, including dual credit courses and college
  preparatory courses, such as advanced placement courses; and
               (4)  coordinate with each partnering school district to
  provide in the articulation agreement that the district retains
  accountability for student attendance and[,] student completion of
  high school course requirements[, and student performance on
  assessment instruments] as necessary for the student to receive a
  diploma from a high school of the partnering school district.
         SECTION 12.  Section 30.021(e), Education Code, is amended
  to read as follows:
         (e)  The school shall cooperate with public and private
  agencies and organizations serving students and other persons with
  visual impairments in the planning, development, and
  implementation of effective educational and rehabilitative service
  delivery systems associated with educating students with visual
  impairments. To maximize and make efficient use of state
  facilities, funding, and resources, the services provided in this
  area may include conducting a cooperative program with other
  agencies to serve students who have graduated from high school by
  completing all academic requirements applicable to students in
  regular education[, excluding satisfactory performance under
  Section 39.025,] who are younger than 22 years of age on September 1
  of the school year and who have identified needs related to
  vocational training, independent living skills, orientation and
  mobility, social and leisure skills, compensatory skills, or
  remedial academic skills.
         SECTION 13.  Section 30.104(b), Education Code, is amended
  to read as follows:
         (b)  A student may graduate and receive a diploma from a
  department educational program if:
               (1)  the student successfully completes the curriculum
  requirements identified by the State Board of Education under
  Section 28.025(a) [and complies with Section 39.025]; or
               (2)  the student successfully completes the curriculum
  requirements under Section 28.025(a) as modified by an
  individualized education program developed under Section 29.005.
         SECTION 14.  Section 32.258(b), Education Code, is amended
  to read as follows:
         (b)  The system established under Subsection (a) shall
  provide a means for a student or the student's parent or other
  person standing in parental relation [relationship] to track the
  student's progress on end-of-course assessment instruments
  administered under Section 39.023(c) [instrument requirements for
  graduation].
         SECTION 15.  Section 39.023(c-2), Education Code, is amended
  to read as follows:
         (c-2)  The agency may adopt end-of-course assessment
  instruments for courses not listed in Subsection (c).  A student's
  performance on an end-of-course assessment instrument adopted
  under this subsection is not subject to any [the] performance
  requirements [established under Subsection (c) or Section 39.025].
         SECTION 16.  The heading to Section 39.025, Education Code,
  is amended to read as follows:
         Sec. 39.025.  USE OF END-OF-COURSE ASSESSMENT INSTRUMENT 
  [SECONDARY-LEVEL PERFORMANCE REQUIRED].
         SECTION 17.  Section 39.025(a), Education Code, is amended
  to read as follows:
         (a)  The commissioner shall adopt rules requiring a student
  in the foundation high school program under Section 28.025 to be
  administered an end-of-course assessment instrument listed in
  Section 39.023(c) only for a course in which the student is enrolled
  and for which an end-of-course assessment instrument is
  administered. Each student's performance on an end-of-course
  assessment instrument shall be evaluated to determine whether the
  [A] student achieved [is required to achieve] a scale score that
  indicates satisfactory performance, as determined by the
  commissioner under Section 39.0241(a)[, on each end-of-course
  assessment instrument administered to the student]. The results of
  the administration of an end-of-course assessment instrument
  required under this subsection may not be used as criteria for
  graduation. The results may be used only for the purpose of
  diagnosing the academic strengths and deficiencies of a student and
  guiding specific instruction to the student.  [For each scale score
  required under this subsection that is not based on a 100-point
  scale scoring system, the commissioner shall provide for
  conversion, in accordance with commissioner rule, of the scale
  score to an equivalent score based on a 100-point scale scoring
  system. A student may not receive a high school diploma until the
  student has performed satisfactorily on end-of-course assessment
  instruments in the manner provided under this subsection. This
  subsection does not require a student to demonstrate readiness to
  enroll in an institution of higher education.]
         SECTION 18.  Section 39.034(d), Education Code, is amended
  to read as follows:
         (d)  The agency shall determine the necessary annual
  improvement required each year for a student to be prepared to
  perform satisfactorily on, as applicable:
               (1)  the grade five assessment instruments;
               (2)  the grade eight assessment instruments; and
               (3)  the end-of-course assessment instruments listed
  in Section 39.023(c) [required under this subchapter for
  graduation].
         SECTION 19.  Section 39.053(c), Education Code, as amended
  by Chapters 807 (H.B. 22), 842 (H.B. 2223), and 1088 (H.B. 3593),
  Acts of the 85th Legislature, Regular Session, 2017, is reenacted
  and amended to read as follows:
         (c)  School districts and campuses must be evaluated based on
  three domains of indicators of achievement adopted under this
  section that include:
               (1)  in the student achievement domain, indicators of
  student achievement that must include:
                     (A)  for evaluating the performance of districts
  and campuses generally:
                           (i)  an indicator that accounts for the
  results of assessment instruments required under Sections
  39.023(a), (c), and (l), as applicable for the district and campus,
  [including the results of assessment instruments required for
  graduation retaken by a student,] aggregated across grade levels by
  subject area, including:
                                 (a)  for the performance standard
  determined by the commissioner under Section 39.0241(a), the
  percentage of students who performed satisfactorily on the
  assessment instruments, aggregated across grade levels by subject
  area; and
                                 (b)  for the college readiness
  performance standard as determined under Section 39.0241, the
  percentage of students who performed satisfactorily on the
  assessment instruments, aggregated across grade levels by subject
  area; and
                           (ii)  an indicator that accounts for the
  results of assessment instruments required under Section
  39.023(b), as applicable for the district and campus, including the
  percentage of students who performed satisfactorily on the
  assessment instruments, as determined by the performance standard
  adopted by the agency, aggregated across grade levels by subject
  area; and
                     (B)  for evaluating the performance of high school
  campuses and districts that include high school campuses,
  indicators that account for:
                           (i)  students who satisfy the Texas Success
  Initiative (TSI) college readiness benchmarks prescribed by the
  Texas Higher Education Coordinating Board under Section 51.334 on
  an assessment instrument in reading or mathematics designated by
  the coordinating board under that section;
                           (ii)  students who satisfy relevant
  performance standards on advanced placement tests or similar
  assessments;
                           (iii)  students who earn dual course credits
  in the dual credit courses;
                           (iv)  students who enlist in the armed
  forces of the United States;
                           (v)  students who earn industry
  certifications;
                           (vi)  students admitted into postsecondary
  industry certification programs that require as a prerequisite for
  entrance successful performance at the secondary level;
                           (vii)  students whose successful completion
  of a course or courses under Section 28.014 indicates the student's
  preparation to enroll and succeed, without remediation, in an
  entry-level general education course for a baccalaureate degree or
  associate degree;
                           (viii)  students who successfully met
  standards on a composite of indicators that through research
  indicates the student's preparation to enroll and succeed, without
  remediation, in an entry-level general education course for a
  baccalaureate degree or associate degree;
                           (ix)  high school graduation rates, computed
  in accordance with standards and definitions adopted in compliance
  with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.)
  subject to the exclusions provided by Subsections (g), (g-1),
  (g-2), and (g-3);
                           (x)  students who successfully completed an
  OnRamps dual enrollment course; [and]
                           (xi)  [the percentage of] students who
  successfully completed a practicum or internship approved by the
  State Board of Education; and
                           (xii)  students who are awarded an associate
  [associate's] degree;
               (2)  in the school progress domain, indicators for
  effectiveness in promoting student learning, which must include:
                     (A)  for assessment instruments, including
  assessment instruments under Subdivisions (1)(A)(i) and (ii), the
  percentage of students who met the standard for improvement, as
  determined by the commissioner; and
                     (B)  for evaluating relative performance, the
  performance of districts and campuses compared to similar districts
  or campuses; and
               (3)  in the closing the gaps domain, the use of
  disaggregated data to demonstrate the differentials among students
  from different racial and ethnic groups, socioeconomic
  backgrounds, and other factors, including:
                     (A)  students formerly receiving special
  education services;
                     (B)  students continuously enrolled; and
                     (C)  students who are mobile.
         SECTION 20.  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, 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 21.  Effective September 1, 2019, the following
  provisions of the Education Code are repealed:
               (1)  Section 19.0043(c);
               (2)  Sections 28.0211(a), (a-2), (b), (e), (f), (g),
  (i-1), (i-2), (n), (o), and (p);
               (3)  Section 28.025(d);
               (4)  Section 28.0255(h);
               (5)  Section 30.104(c);
               (6)  Sections 39.025(a-1), (a-4), (b), (c), (c-1),
  (c-2), (d), (e), (f), (f-1), (f-2), and (g); and
               (7)  Section 39.025(a-2), as added by Chapter 1036
  (H.B. 1613), Acts of the 84th Legislature, Regular Session, 2015.
         SECTION 22.  To the extent of any conflict, this Act prevails
  over another Act of the 86th Legislature, Regular Session, 2019,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 23.  This Act applies beginning with the 2019-2020
  school year.
         SECTION 24.  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, 2019.
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