Bill Text: TX HB1304 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the use of school committees to make determinations regarding graduation for certain public high school students who fail to perform satisfactorily on end-of-course assessment instruments.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-05 - Referred to Public Education [HB1304 Detail]
Download: Texas-2015-HB1304-Introduced.html
| 84R7333 PAM-D | ||
| By: Guillen | H.B. No. 1304 | |
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| relating to the use of school committees to make determinations | ||
| regarding graduation for certain public high school students who | ||
| fail to perform satisfactorily on end-of-course assessment | ||
| instruments. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 12.104(b), Education Code, is amended to | ||
| read as follows: | ||
| (b) An open-enrollment charter school is subject to: | ||
| (1) a provision of this title establishing a criminal | ||
| offense; and | ||
| (2) a prohibition, restriction, or requirement, as | ||
| applicable, imposed by this title or a rule adopted under this | ||
| title, relating to: | ||
| (A) the Public Education Information Management | ||
| System (PEIMS) to the extent necessary to monitor compliance with | ||
| this subchapter as determined by the commissioner; | ||
| (B) criminal history records under Subchapter C, | ||
| Chapter 22; | ||
| (C) reading instruments and accelerated reading | ||
| instruction programs under Section 28.006; | ||
| (D) accelerated instruction under Section | ||
| 28.0211; | ||
| (E) high school graduation requirements under | ||
| Section 28.025 and the requirement to establish an individual | ||
| graduation committee under Section 28.0256; | ||
| (F) special education programs under Subchapter | ||
| A, Chapter 29; | ||
| (G) bilingual education under Subchapter B, | ||
| Chapter 29; | ||
| (H) prekindergarten programs under Subchapter E, | ||
| Chapter 29; | ||
| (I) extracurricular activities under Section | ||
| 33.081; | ||
| (J) discipline management practices or behavior | ||
| management techniques under Section 37.0021; | ||
| (K) health and safety under Chapter 38; | ||
| (L) public school accountability under | ||
| Subchapters B, C, D, E, F, G, and J, Chapter 39; | ||
| (M) the requirement under Section 21.006 to | ||
| report an educator's misconduct; and | ||
| (N) intensive programs of instruction under | ||
| Section 28.0213. | ||
| SECTION 2. Sections 28.025(c) and (d), Education Code, are | ||
| amended to read as follows: | ||
| (c) A person may receive a diploma if the person is eligible | ||
| for a diploma under Section 28.0251 or 28.0256. 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. | ||
| (d) A school district may issue a certificate of coursework | ||
| completion to a student who successfully completes the curriculum | ||
| requirements identified by the State Board of Education under | ||
| Subsection (a) but who fails to comply with Section 39.025 or who | ||
| does not receive a diploma under another provision of this | ||
| subchapter. A school district may allow a student who receives a | ||
| certificate to participate in a graduation ceremony with students | ||
| receiving high school diplomas. | ||
| SECTION 3. Subchapter B, Chapter 28, Education Code, is | ||
| amended by adding Section 28.0256 to read as follows: | ||
| Sec. 28.0256. HIGH SCHOOL GRADUATION AWARDED ON BASIS OF | ||
| INDIVIDUAL GRADUATION COMMITTEE REVIEW. (a) This section applies | ||
| only to a student who, after retaking an end-of-course assessment | ||
| instrument in one or more subjects, fails to comply with Section | ||
| 39.025 as necessary to receive a high school diploma in accordance | ||
| with that section. | ||
| (b) For each student to whom this section applies, the | ||
| school district that the student attends shall establish an | ||
| individual graduation committee to determine whether the student | ||
| qualifies to graduate as provided by this section. The committee | ||
| shall be composed of: | ||
| (1) the principal or the principal's designee; | ||
| (2) the student's parent or person standing in | ||
| parental relation to the student; | ||
| (3) for each end-of-course assessment instrument on | ||
| which the student failed to perform satisfactorily, the teacher of | ||
| the course; and | ||
| (4) any other person determined appropriate by the | ||
| principal or the principal's designee using criteria adopted by the | ||
| board of trustees. | ||
| (c) The commissioner by rule shall establish a procedure for | ||
| appointing an alternative committee member if a person described by | ||
| Subsection (b) is unable to serve. The superintendent of each | ||
| school district shall establish procedures for convening an | ||
| individual graduation committee. | ||
| (d) The school district shall notify the student's parent or | ||
| person standing in parental relation to the student of the time and | ||
| place for convening the individual graduation committee and the | ||
| purpose of the committee. The notice must be provided either in | ||
| person or by regular mail, be clear and easy to understand, and be | ||
| written in English or in the native language of the parent or person | ||
| standing in parental relation to the student. | ||
| (e) Notwithstanding any other provision of this code, a | ||
| student shall be awarded a high school diploma if: | ||
| (1) the student has successfully completed the | ||
| curriculum requirements identified by the State Board of Education | ||
| under Section 28.025(a); and | ||
| (2) the student's individual graduation committee | ||
| determines the student is qualified to graduate as provided by this | ||
| section. | ||
| (f) In determining whether a student is qualified to | ||
| graduate under this section, the student's individual graduation | ||
| committee shall consider: | ||
| (1) the recommendation of the student's teacher in | ||
| each course required for graduation, to the extent practicable; | ||
| (2) the student's grade in each course required for | ||
| graduation; | ||
| (3) the student's score on each end-of-course | ||
| 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 (g); | ||
| (5) the number of hours of remediation that the | ||
| student has attended, including attendance in a college preparatory | ||
| course required under Section 39.025(b-2), if applicable; | ||
| (6) any honors course, advanced placement course, | ||
| international baccalaureate course, or dual credit course | ||
| completed by the student; | ||
| (7) the student's performance on the PSAT, the | ||
| ACT-Plan, 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; | ||
| (8) the student's performance on an assessment | ||
| instrument designated by the Texas Higher Education Coordinating | ||
| Board under Section 51.3062(c), including whether the student | ||
| satisfied the Texas Success Initiative (TSI) college readiness | ||
| benchmarks prescribed by the Texas Higher Education Coordinating | ||
| Board under Section 51.3062(f); | ||
| (9) the student's school attendance rate; | ||
| (10) evidence of any participation by the student in | ||
| extracurricular activity; | ||
| (11) information concerning any work history or other | ||
| accomplishments of the student; | ||
| (12) the student's overall preparedness to pursue | ||
| postsecondary education or training or a career or occupation; and | ||
| (13) any other academic information designated for | ||
| consideration by the board of trustees of the school district. | ||
| (g) The student's individual graduation committee may | ||
| recommend additional requirements for consideration to determine | ||
| that a student is qualified to graduate under this section, | ||
| including: | ||
| (1) additional remediation; or | ||
| (2) for each end-of-course assessment instrument on | ||
| which the student failed to perform satisfactorily: | ||
| (A) the completion of a project related to the | ||
| course; or | ||
| (B) the preparation of a portfolio of work | ||
| samples from the course. | ||
| (h) A student may graduate and receive a high school diploma | ||
| on the basis of the individual graduation committee's decision only | ||
| if the student successfully completes all additional requirements | ||
| recommended by the committee under Subsection (g) and the | ||
| committee's vote is unanimous. The commissioner by rule shall | ||
| establish a timeline for making a determination under this section. | ||
| This section does not create a property interest in graduation. The | ||
| decision of the committee is final and may not be appealed. | ||
| (i) The commissioner shall adopt rules as necessary to | ||
| implement this section. | ||
| SECTION 4. This Act applies beginning with the 2015-2016 | ||
| school year. | ||
| SECTION 5. 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, 2015. | ||
