HB3470 - Relating to the administration of assessment instruments in public schools, eliminating the requirement to use public school assessment instruments as a criterion for promotion or graduation, and the temporary suspension of certain accountability determinations for a school district or campus in a school year in which the operations of the district or campus are disrupted as a result of a declared disaster.

  89R14639 MEW-F     By: Metcalf H.B. No. 3470       A BILL TO BE ENTITLED   AN ACT   relating to the administration of assessment instruments in public   schools, eliminating the requirement to use public school   assessment instruments as a criterion for promotion or graduation,   and the temporary suspension of certain accountability   determinations for a school district or campus in a school year in   which the operations of the district or campus are disrupted as a   result of a declared disaster.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 12.257(b), Education Code, is amended to   read as follows:          (b)  A charter granted under this subchapter must:                (1)  include a description of the adult education   program to be offered under this subchapter; and                (2)  establish specific, objective standards for   receiving a high school diploma, including[ :                      [ (A) ] successful completion of:                       (A)  [ (i) ]  if applicable to the program   participant, the curriculum requirements under Section 28.025; or                       (B)  [ (ii) ]  the appropriate curriculum   requirements applicable to the program participant[ ; and                      [ (B) satisfactory performance on the   standardized secondary exit-level assessment instrument described   by Section 12.260 ].          SECTION 2.  Section 12.258(a), Education Code, is amended to   read as follows:          (a)  A person who is at least 18 years of age and not more   than 50 years of age is eligible to enroll in an adult education   program operated under a charter granted under this subchapter if   the person:                (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 2025-2026 school year, was   required for high school graduation.          SECTION 3.  Section 12.260(b), Education Code, is amended to   read as follows:          (b)  The commissioner, in cooperation with the advisory   committee established under Section 12.254,  shall determine the   level of performance considered to be satisfactory on the secondary   exit-level assessment instrument adopted under Subsection (a) [ for   receipt of a high school diploma by a program participant in an   adult education program operated under a charter granted under this   subchapter ].          SECTION 4.  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 5.  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 6.  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 7.  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 8.  Section 28.0211(a-8), Education Code, is amended   to read as follows:          (a-8)  A school district may not be required to provide   supplemental instruction under Subsection (a-1)(2) to a student in   more than two subject areas per school year.  If the district would   otherwise be required to provide supplemental instruction to a   student in more than two subject areas for a school year, the   district shall prioritize providing supplemental instruction to   the student in mathematics and reading[ , or Algebra I, English I, or   English II, as applicable, ] for that school year.          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) [ 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 [ Sections ] 28.0256 [ and   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 10.  Sections 28.02541(a) and (d), Education Code,   are amended to read as follows:          (a)  This section applies only to a student who:                (1)  entered the ninth grade before the 2011-2012   school year; and                (2)  successfully completed the curriculum   requirements for high school graduation applicable to the student   when the student entered the ninth grade[ ;                [ (3)     has not performed satisfactorily on an assessment   instrument or a part of an assessment instrument required for high   school graduation, including an alternate assessment instrument   offered under Section 39.025(c-2); and                [ (4)     has been administered the assessment instrument   or the part of the assessment instrument for which the student has   not performed satisfactorily at least three times ].          (d)  In adopting rules under Subsection (c)(2), the   commissioner may authorize as an alternative requirement:                (1)  [ an alternative assessment instrument and   performance standard for that assessment instrument;                [ (2) ]  work experience; or                 (2)  [ (3) ]  military or other relevant life experience.          SECTION 11.  Section 28.02591(a), Education Code, is amended   to read as follows:          (a)  The Texas Higher Education Coordinating Board, in   coordination with the agency, shall collect longitudinal data   relating to the post-graduation pursuits of each student who is   awarded a [Text truncated for display. 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