TITLE: Relating to eliminating satisfactory performance requirements for public school end-of-course assessment instruments as a criterion for promotion or graduation.

SUMMARY: Relating to eliminating satisfactory performance requirements for public school end-of-course assessment instruments as a criterion for promotion or graduation.

FULL TEXT:
AN ACT relating to eliminating satisfactory performance requirements for public school end-of-course 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 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 3. 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) [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. (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 4. 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 5. 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 [required for graduation].SECTION 6. 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 2015-2016 school year, was required for high school graduation. SECTION 7. 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 8. Section 30.104(b), Education Code, is amended to read as follows: (b) A student may graduate and receive a diploma from a Texas Juvenile Justice Department [Texas Youth Commission] educational program if [: [(1)] the student successfully completes:(1) 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 9. 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 assessment instruments [instrument requirements for graduation].SECTION 10. 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 11. The heading to Section 39.025, Education Code, is amended to read as follows: Sec. 39.025. USE OF END-OF-COURSE ASSESSMENT INSTRUMENTS [SECONDARY-LEVEL PERFORMANCE REQUIRED].SECTION 12. Sections 39.025(a) and (a-1), Education Code, are 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 each end-of-course assessment instrument listed in Section 39.023(c). Each 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 listed under Section 39.023(c)].For each scale score for an end-of-course assessment instrument administered [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. The results of an end-of-course assessment instrument administered under this subsection may not be used as a criteria for grade promotion or graduation. The results of an end-of-course assessment instrument administered under this subsection may be used only for the purposes of diagnosing the academic strengths and deficiencies of a student and guiding specific instruction to the student. [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.] (a-1) A student enrolled in a college preparatory course under Section 28.014 who satisfies the Texas Success Initiative (TSI) college readiness benchmarks prescribed by the Texas Higher Education Coordinating Board under Section 51.3062(f) on an assessment instrument designated by the Texas Higher Education Coordinating Board under Section 51.3062(c) administered at the end of the college preparatory course is exempt from the administration of [satisfies the requirements concerning] an end-of-course assessment in an equivalent course as prescribed by Subsection (a). The commissioner shall determine a method by which a student's satisfactory performance on an advanced placement test, an international baccalaureate examination, an SAT Subject Test, the SAT, the ACT, or any nationally recognized norm-referenced assessment instrument used by institutions of higher education to award course credit based on satisfactory performance on the assessment instrument shall be used to exempt a student from the administration of [satisfy the requirements concerning] an end-of-course assessment instrument in an equivalent course as prescribed by Subsection (a). The commissioner shall determine a method by which a student's satisfactory performance on the PSAT or the ACT-Plan shall be used to exempt a student from the administration of [satisfy the requirements concerning] an end-of-course assessment instrument in an equivalent course as prescribed by Subsection (a). [A student who fails to perform satisfactorily on a test or other assessment instrument authorized under this subsection, other than the PSAT or the ACT-Plan, may retake that test or other assessment instrument for purposes of this subsection or may take the appropriate end-of-course assessment instrument. A student who fails to perform satisfactorily on the PSAT or the ACT-Plan must take the appropriate end-of-course assessment instrument.] The commissioner shall adopt rules as necessary for the administration of this subsection. SECTION 13. 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 [required under this subchapter for graduation].SECTION 14. Section 39.053(c), Education Code, is amended to read as follows: (c) Indicators of student achievement adopted under this section must include: (1) the results of assessment instruments required under Sections 39.023(a), (c), and (l), [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): (i) the percentage of students who performed satisfactorily on the assessment instruments, aggregated across grade levels by subject area; and (ii) for students who did not perform satisfactorily, the percentage of students who met the standard for annual improvement, as determined by the agency under Section 39.034, 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: (i) the percentage of students who performed satisfactorily on the assessment instruments, aggregated across grade levels by subject area; and (ii) for students who did not perform satisfactorily, the percentage of students who met the standard for annual improvement, as determined by the agency under Section 39.034, on the assessment instruments, aggregated across grade levels by subject area; (2) dropout rates, including dropout rates and district completion rates for grade levels 9 through 12, computed in accordance with standards and definitions adopted by the National Center for Education Statistics of the United States Department of Education; (3) high school graduation rates, computed in accordance with standards and definitions adopted in compliance with the No Child Left Behind Act of 2001 (20 U.S.C. Section 6301 et seq.); (4) the percentage of students who successfully completed the curriculum requirements for the distinguished level of achievement under the foundation high school program; (5) the percentage of students who successfully completed the curriculum requirements for an endorsement under Section 28.025(c-1); and (6) at least three additional indicators of student achievement to evaluate district and campus performance, which must include either: (A) the percentage of students who satisfy the Texas Success Initiative (TSI) college readiness benchmarks prescribed by the Texas Higher Education Coordinating Board under Section 51.3062(f) on an assessment instrument in reading, writing, or mathematics designated by the Texas Higher Education Coordinating Board under Section 51.3062(c); or (B) the number of students who earn: (i) at least 12 hours of postsecondary credit required for the foundation high school program under Section 28.025 or to earn an endorsement under Section 28.025(c-1); (ii) at least 30 hours of postsecondary credit required for the foundation high school program under Section 28.025 or to earn an endorsement under Section 28.025(c-1); (iii) an associate's degree; or (iv) an industry certification. SECTION 15. The following provisions of the Education Code are repealed: (1) Section 28.025(d); (2) Section 28.0255(h); (3) Section 30.104(c); and (4) Sections 39.025(a-4), (b), (b-2), (c), (d), (e), (f), and (g). SECTION 16. This Act applies beginning with the 2015-2016 school year. SECTION 17. 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.