Bill Text: TX HB736 | 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 or to make certain accountability determinations.
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Introduced - Dead) 2019-02-21 - Referred to Public Education [HB736 Detail]
Download: Texas-2019-HB736-Introduced.html
86R2743 GCB-D | ||
By: Landgraf | H.B. No. 736 |
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relating to eliminating the requirement to use public school | ||
assessment instruments as a criterion for promotion or graduation | ||
or to make certain accountability determinations. | ||
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) [ |
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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 18.006(b), Education Code, is amended to | ||
read as follows: | ||
(b) In addition to other factors determined to be | ||
appropriate by the commissioner, the accountability system must | ||
include consideration of[ |
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diploma program completion rates for the grade levels served by the | ||
diploma program. | ||
SECTION 3. 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) [ |
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(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 4. 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 | ||
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(2) include appropriate criteria developed by the | ||
agency. | ||
SECTION 5. Section 28.006(j), Education Code, is amended to | ||
read as follows: | ||
(j) No more than 15 percent of the funds certified by the | ||
commissioner under Subsection (i) may be spent on indirect costs. | ||
The commissioner shall evaluate the programs that fail to meet the | ||
standard of performance under Section 39.301(c)(6) [ |
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and may implement interventions or sanctions under Chapter 39A. | ||
The commissioner may audit the expenditures of funds appropriated | ||
for purposes of this section. The use of the funds appropriated for | ||
purposes of this section shall be verified as part of the district | ||
audit under Section 44.008. | ||
SECTION 6. 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) [ |
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determined by the district. | ||
SECTION 7. The heading to Section 28.0211, Education Code, | ||
is amended to read as follows: | ||
Sec. 28.0211. [ |
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SECTION 8. 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) [ |
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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) [ |
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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) [ |
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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[ |
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(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 | ||
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(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 [ |
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must meet before the student is administered the assessment | ||
instrument for the second time. The committee shall determine[ |
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in an accelerated instruction program under this section[ |
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(k) The commissioner shall adopt rules as necessary to | ||
implement this section[ |
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SECTION 9. Sections 28.025(b-7), (c), and (e), Education | ||
Code, are amended 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) [ |
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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) [ |
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(2) the student successfully completes an | ||
individualized education program developed under Section 29.005. | ||
(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. [ |
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SECTION 10. 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[ |
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requirements specified under Subsection (e)[ |
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SECTION 11. Section 29.062(a), Education Code, is amended | ||
to read as follows: | ||
(a) The legislature recognizes that compliance with this | ||
subchapter is an imperative public necessity. Therefore, in | ||
accordance with the policy of the state, the agency shall evaluate | ||
the effectiveness of programs under this subchapter based on the | ||
achievement indicators adopted under Section 39.053(c)[ |
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evaluations under this section with federal accountability | ||
measures concerning students of limited English proficiency. | ||
SECTION 12. 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) [ |
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SECTION 13. Section 29.087(l), Education Code, is amended | ||
to read as follows: | ||
(l) The commissioner may revoke a school district's or | ||
open-enrollment charter school's authorization under this section | ||
after consideration of relevant factors, including [ |
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of students participating in the district's or school's program who | ||
complete the program and perform successfully on the high school | ||
equivalency examination[ |
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commissioner. A decision by the commissioner under this subsection | ||
is final and may not be appealed. | ||
SECTION 14. Sections 29.259(g), (i), and (o), Education | ||
Code, are 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. | ||
(i) A charter granted under this section must: | ||
(1) include a description of the adult education | ||
program to be offered under this section; and | ||
(2) establish specific, objective standards for | ||
receiving a high school diploma, including[ |
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(A) [ |
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participant, the curriculum requirements under Section 28.025; or | ||
(B) [ |
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requirements applicable to the program participant[ |
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(o) The commissioner shall develop and adopt performance | ||
frameworks that establish standards by which to measure the | ||
performance of an adult high school program operated under a | ||
charter granted under this section in a manner consistent with the | ||
requirements provided for an open-enrollment charter school under | ||
Sections 12.1181(a) and (b). The commissioner shall include in the | ||
performance frameworks adopted under this subsection the following | ||
performance indicators: | ||
(1) [ |
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successfully completed the high school program and earned a high | ||
school diploma; | ||
(2) [ |
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successfully completed career and technology education courses and | ||
obtained industry certification; | ||
(3) [ |
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have enrolled in an institution of higher education or private or | ||
independent institution of higher education, as those terms are | ||
defined under Section 61.003; and | ||
(4) [ |
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earned a wage, salary, or other income increase that was | ||
significant as determined and reported by the Texas Workforce | ||
Commission. | ||
SECTION 15. 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[ |
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high school course requirements[ |
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diploma from a high school of the partnering school district. | ||
SECTION 16. 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[ |
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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 17. 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) [ |
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(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 18. 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 relationship to track the student's | ||
progress on end-of-course assessment instruments administered | ||
under Section 39.023(c) [ |
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SECTION 19. Section 37.008(m), Education Code, is amended | ||
to read as follows: | ||
(m) The commissioner shall adopt rules necessary to | ||
evaluate annually the performance of each district's disciplinary | ||
alternative education program established under this subchapter. | ||
The evaluation required by this section shall be based on | ||
indicators defined by the commissioner[ |
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alternative education programs shall be to enable students to | ||
perform at grade level. | ||
SECTION 20. 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 [ |
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requirements [ |
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SECTION 21. The heading to Section 39.025, Education Code, | ||
is amended to read as follows: | ||
Sec. 39.025. USE OF END-OF-COURSE ASSESSMENT INSTRUMENT | ||
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SECTION 22. 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 | ||
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indicates satisfactory performance, as determined by the | ||
commissioner under Section 39.0241(a)[ |
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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. [ |
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SECTION 23. 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) [ |
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SECTION 24. 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,[ |
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percentage of students promoted to the next grade level [ |
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(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; [ |
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(xi) [ |
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successfully completed a practicum or internship approved by the | ||
State Board of Education; and | ||
(xii) students who are awarded an associate | ||
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(2) in the school progress domain, indicators for | ||
effectiveness in promoting student learning, which must include[ |
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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 25. Section 39.054(b-1), Education Code, is amended | ||
to read as follows: | ||
(b-1) Consideration of the effectiveness of district | ||
programs under Section 39.052(b)(2)(B) or (C): | ||
(1) must[ |
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Public Education Information Management System (PEIMS) for | ||
purposes of accountability under this chapter; and | ||
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(2) may be based on the results of a special | ||
accreditation investigation conducted under Section 39.057. | ||
SECTION 26. Section 39.055, Education Code, is amended to | ||
read as follows: | ||
Sec. 39.055. STUDENT ORDERED BY A JUVENILE COURT OR STUDENT | ||
IN RESIDENTIAL FACILITY NOT CONSIDERED FOR ACCOUNTABILITY | ||
PURPOSES. Notwithstanding any other provision of this code except | ||
to the extent otherwise provided under Section 39.053(g-3), for | ||
purposes of determining the performance of a school district, | ||
campus, or open-enrollment charter school under this chapter, a | ||
student ordered by a juvenile court into a residential program or | ||
facility operated by or under contract with the Texas Juvenile | ||
Justice Department, a juvenile board, or any other governmental | ||
entity or any student who is receiving treatment in a residential | ||
facility is not considered to be a student of the school district in | ||
which the program or facility is physically located or of an | ||
open-enrollment charter school, as applicable. The performance of | ||
such a student on an [ |
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indicator adopted under Section 39.053 or reporting indicator | ||
adopted under Section 39.301 shall be determined, reported, and | ||
considered separately from the performance of students attending a | ||
school of the district in which the program or facility is | ||
physically located or an open-enrollment charter school, as | ||
applicable. | ||
SECTION 27. Sections 39.301(c) and (d), Education Code, are | ||
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) the percentage of students, aggregated by grade | ||
level and subject area, who satisfy each performance standard under | ||
Section 39.0241 on assessment instruments required under: | ||
(A) Section 39.023(a); and | ||
(B) Section 39.023(c); | ||
(4) 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; | ||
(5) [ |
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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; | ||
(6) [ |
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grade level, provided accelerated instruction under Section | ||
28.0211 [ |
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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 [ |
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39.023; | ||
(7) [ |
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English proficiency exempted from the administration of an | ||
assessment instrument under Sections 39.027(a)(1) and (2); | ||
(8) [ |
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education program under Subchapter A, Chapter 29, assessed through | ||
assessment instruments developed or adopted under Section | ||
39.023(b); | ||
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(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. | ||
(d) Performance on the indicators described by Section | ||
39.053(c) and Subsections (c)(3), (4), (5), and (9) must be based on | ||
longitudinal student data that is disaggregated by the bilingual | ||
education or special language program, if any, in which students of | ||
limited English proficiency, as defined by Section 29.052, are or | ||
former students of limited English proficiency were enrolled. If a | ||
student described by this subsection is not or was not enrolled in | ||
specialized language instruction, the number and percentage of | ||
those students shall be provided. | ||
SECTION 28. Section 39.305(b), Education Code, is amended | ||
to read as follows: | ||
(b) The report card shall include the following | ||
information: | ||
(1) where applicable, the achievement indicators | ||
described by Section 39.053(c) and the reporting indicators | ||
described by Sections 39.301(c)(1) through (6) [ |
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(2) average class size by grade level and subject; | ||
(3) the administrative and instructional costs per | ||
student, computed in a manner consistent with Section 44.0071; and | ||
(4) the district's instructional expenditures ratio | ||
and instructional employees ratio computed under Section 44.0071, | ||
and the statewide average of those ratios, as determined by the | ||
commissioner. | ||
SECTION 29. Section 39.332(b)(20), Education Code, is | ||
amended to read as follows: | ||
(20) The report must contain a comparison of the | ||
performance of open-enrollment charter schools and school | ||
districts on the achievement indicators described by Section | ||
39.053(c) and [ |
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39.301(c), [ |
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performance of open-enrollment charter schools predominantly | ||
serving students at risk of dropping out of school, as described by | ||
Section 29.081(d), with the performance of school districts. | ||
SECTION 30. Effective September 1, 2019, the following | ||
provisions of the Education Code are repealed: | ||
(1) Section 19.0043(c); | ||
(2) Section 21.4551(c); | ||
(3) Sections 28.0211(a), (a-2), (b), (e), (f), (i-1), | ||
(i-2), (n), (o), and (p); | ||
(4) Section 28.025(d); | ||
(5) Section 28.0255(h); | ||
(6) Section 29.259(c); | ||
(7) Section 30.104(c); | ||
(8) Section 39.0231; | ||
(9) Sections 39.025(a-1), (a-4), (b), (c), (c-1), | ||
(c-2), (d), (e), (f), (f-1), (f-2), and (g); | ||
(10) Section 39.025(a-2), as added by Chapter 1036 | ||
(H.B. 1613), Acts of the 84th Legislature, Regular Session, 2015; | ||
and | ||
(11) Sections 39.053(c-2), (c-3), (d), and (d-1). | ||
SECTION 31. 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 32. This Act applies beginning with the 2019-2020 | ||
school year. | ||
SECTION 33. 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. |