85R1122 KJE-D
	By: White	H.B. No. 417

	A BILL TO BE ENTITLED
	AN ACT
	relating to the repeal of the Texas Success Initiative.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 28.014(a), Education Code, is amended to
	read as follows:
	(a)  Each school district shall partner with at least one
	institution of higher education to develop and provide courses in
	college preparatory mathematics and English language arts.  The
	courses must be designed:
	(1)  for students at the 12th grade level whose
	performance on:
	(A)  an end-of-course assessment instrument
	required under Section 39.023(c) does not meet college readiness
	standards; or
	(B)  coursework or [,] a college entrance
	examination[, or an assessment instrument designated under Section
	51.3062(c)] indicates that the student is not ready to perform
	entry-level college coursework; and
	(2)  to prepare students for success in entry-level
	college courses.
	SECTION 2.  Section 28.0258(h), Education Code, is amended
	to read as follows:
	(h)  In determining whether a student for whom an individual
	graduation committee is established is qualified to graduate, the
	committee shall consider:
	(1)  the recommendation of the student's teacher in
	each course for which the student failed to perform satisfactorily
	on an end-of-course assessment instrument;
	(2)  the student's grade in each course for which the
	student failed to perform satisfactorily on an end-of-course
	assessment instrument;
	(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 (f);
	(5)  the number of hours of remediation that the
	student has attended, including:
	(A)  attendance in a college preparatory course
	required under Section 39.025(b-2), if applicable; or
	(B)  attendance in and successful completion of a
	transitional college course in reading or mathematics;
	(6)  the student's school attendance rate;
	(7)  [the student's satisfaction of any of the Texas
	Success Initiative (TSI) college readiness benchmarks prescribed
	by the Texas Higher Education Coordinating Board;
	[(8)]  the student's successful completion of a dual
	credit course in English, mathematics, science, or social studies;
	(8) [(9)]  the student's successful completion of a
	high school pre-advanced placement, advanced placement, or
	international baccalaureate program course in English,
	mathematics, science, or social studies;
	(9) [(10)]  the student's rating of advanced high on
	the most recent high school administration of the Texas English
	Language Proficiency Assessment System;
	(10) [(11)]  the student's score of 50 or greater on a
	College-Level Examination Program examination;
	(11) [(12)]  the student's score on the ACT, the SAT, or
	the Armed Services Vocational Aptitude Battery test;
	(12) [(13)]  the student's completion of a sequence of
	courses under a career and technical education program required to
	attain an industry-recognized credential or certificate;
	(13) [(14)]  the student's overall preparedness for
	postsecondary success; and
	(14) [(15)]  any other academic information designated
	for consideration by the board of trustees of the school district.
	SECTION 3.  Section 29.904(d), Education Code, is amended to
	read as follows:
	(d)  A plan developed under this section:
	(1)  must establish clear, achievable goals for
	increasing the percentage of the school district's graduating
	seniors, particularly the graduating seniors attending a high
	school described by Subsection (a), who enroll in an institution of
	higher education for the academic year following graduation;
	(2)  must establish an accurate method of measuring
	progress toward the goals established under Subdivision (1) that
	may include the percentage of district high school students and the
	percentage of students attending a district high school described
	by Subsection (a) who:
	(A)  are enrolled in a course for which a student
	may earn college credit, such as an advanced placement or
	international baccalaureate course or a course offered through
	concurrent enrollment in high school and at an institution of
	higher education;
	(B)  are enrolled in courses that meet the
	curriculum requirements for the distinguished level of achievement
	under the foundation high school program as determined under
	Section 28.025;
	(C)  have submitted a free application for federal
	student aid (FAFSA);
	(D)  [are exempt under Section 51.3062(p) or (q)
	from administration of an assessment instrument under Section
	51.3062 or have performed successfully on an assessment instrument
	under Section 51.3062;
	[(E)]  graduate from high school;
	(E) [(F)]  graduate from an institution of higher
	education; and
	(F) [(G)]  have taken college entrance
	examinations and the average score of those students on the
	examinations;
	(3)  must cover a period of at least five years; and
	(4)  may be directed at district students at any level
	of primary or secondary education.
	SECTION 4.  Section 39.0233(b), Education Code, is amended
	to read as follows:
	(b)  The [In addition to the questions adopted under
	Subsection (a), the] agency shall adopt a series of questions to be
	included in an end-of-course assessment instrument administered
	under Section 39.023(c) to be used for purposes of identifying
	students who are likely to succeed in an advanced high school
	course.  A school district shall notify a student who performs at a
	high level on the questions adopted under this subsection and the
	student's parent or guardian of the student's performance and
	potential to succeed in an advanced high school course.  A school
	district may not require a student to perform at a particular level
	on the questions adopted under this subsection in order to be
	eligible to enroll in an advanced high school course.
	SECTION 5.  Sections 39.053(c) and (c-2), Education Code,
	are amended to read as follows:
	(c)  School districts and campuses must be evaluated based on
	five domains of indicators of achievement adopted under this
	section that include:
	(1)  in the first domain, the results of:
	(A)  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:
	(i)  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
	(ii)  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
	(B)  assessment instruments required under
	Section 39.023(b), aggregated across grade levels by subject area,
	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;
	(2)  in the second domain:
	(A)  for assessment instruments under Subdivision
	(1)(A):
	(i)  for the performance standard determined
	by the commissioner under Section 39.0241(a), the percentage of
	students who met the standard for annual improvement on the
	assessment instruments, as determined by the commissioner by rule
	or by the method for measuring annual improvement under Section
	39.034, aggregated across grade levels by subject area; and
	(ii)  for the college readiness performance
	standard as determined under Section 39.0241, the percentage of
	students who met the standard for annual improvement on the
	assessment instruments, as determined by the commissioner by rule
	or by the method for measuring annual improvement under Section
	39.034, aggregated across grade levels by subject area; and
	(B)  for assessment instruments under Subdivision
	(1)(B), the percentage of students who met the standard for annual
	improvement on the assessment instruments, as determined by the
	commissioner by rule or by the method for measuring annual
	improvement under Section 39.034, aggregated across grade levels by
	subject area;
	(3)  in the third domain, the student academic
	achievement differentials among students from different racial and
	ethnic groups and socioeconomic backgrounds;
	(4)  in the fourth domain:
	(A)  for evaluating the performance of high school
	campuses and districts that include high school campuses:
	(i)  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;
	(ii)  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.);
	(iii)  the percentage of students who
	successfully completed the curriculum requirements for the
	distinguished level of achievement under the foundation high school
	program;
	(iv)  the percentage of students who
	successfully completed the curriculum requirements for an
	endorsement under Section 28.025(c-1);
	(v)  the percentage of students who
	completed a coherent sequence of career and technical courses;
	(vi)  [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);
	[(vii)]  the percentage of students who earn
	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);
	(vii) [(viii)]  the percentage of students
	who have completed an advanced placement course;
	(viii) [(ix)]  the percentage of students
	who enlist in the armed forces of the United States; and
	(ix) [(x)]  the percentage of students who
	earn an industry certification;
	(B)  for evaluating the performance of middle and
	junior high school and elementary school campuses and districts
	that include those campuses:
	(i)  student attendance; and
	(ii)  for middle and junior high school
	campuses:
	(a)  dropout rates, computed in the
	manner described by Paragraph (A)(i); and
	(b)  the percentage of students in
	grades seven and eight who receive instruction in preparing for
	high school, college, and a career that includes information
	regarding the creation of a high school personal graduation plan
	under Section 28.02121, the distinguished level of achievement
	described by Section 28.025(b-15), each endorsement described by
	Section 28.025(c-1), college readiness standards, and potential
	career choices and the education needed to enter those careers; and
	(C)  any additional indicators of student
	achievement not associated with performance on standardized
	assessment instruments determined appropriate for consideration by
	the commissioner in consultation with educators, parents, business
	and industry representatives, and employers; and
	(5)  in the fifth domain, three programs or specific
	categories of performance related to community and student
	engagement locally selected and evaluated as provided by Section
	39.0546.
	(c-2)  The commissioner by rule shall determine a method by
	which a student's performance may be included in determining the
	performance rating of a school district or campus under Section
	39.054 if, before the student graduates, the student[:
	[(1)     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); or
	[(2)]  performs satisfactorily on an assessment
	instrument under Section 39.023(c), notwithstanding Subsection
	(d).
	SECTION 6.  Section 51.406(c), Education Code, is amended to
	read as follows:
	(c)  A rule or policy of a state agency, including the Texas
	Higher Education Coordinating Board, in effect on June 1, 2011,
	that requires reporting by a university system or an institution of
	higher education has no effect on or after September 1, 2013, unless
	the rule or policy is affirmatively and formally readopted before
	that date by formal administrative rule published in the Texas
	Register and adopted in compliance with Chapter 2001, Government
	Code.  This subsection does not apply to:
	(1)  a rule or policy for which the authorizing statute
	is listed in Subsection (b);
	(2)  a rule or policy for which the authorizing statute
	is repealed on or before September 1, 2013, by legislation enacted
	by the legislature that becomes law; or
	(3)  a report required under any of the following
	provisions:
	(A)  Article 59.06(g)(1), Code of Criminal
	Procedure;
	(B)  Section 51.005;
	(C)  Section 51.0051;
	(D)  [Section 51.3062;
	[(E)]  Section 51.402;
	(E) [(F)]  Section 56.039;
	(F) [(G)]  Section 61.051(k);
	(G) [(H)]  Section 61.059;
	(H) [(I)]  Section 62.095(b);
	(I) [(J)]  Section 62.098;
	(J) [(K)]  Section 411.187(b), Government Code;
	(K) [(L)]  Subchapter C, Chapter 606, Government
	Code;
	(L) [(M)]  Subchapter E, Chapter 815, Government
	Code; or
	(M) [(N)]  Chapter 1551, Insurance Code.
	SECTION 7.  Section 54.2001(b), Education Code, is amended
	to read as follows:
	(b)  In determining whether a person has completed a number
	of semester credit hours that is considered to be excessive for
	purposes of Subsection (a)(2), semester credit hours completed
	include transfer credit hours that count toward the person's
	undergraduate degree or certificate program course requirements
	but exclude:
	(1)  hours earned exclusively by examination;
	(2)  hours earned for a course for which the person
	received credit toward the person's high school academic
	requirements; and
	(3)  hours earned for developmental coursework that an
	institution of higher education required the person to take [under
	Section 51.3062 or] under the former provisions of Section 51.306
	or 51.3062.
	SECTION 8.  Section 56.3041(a), Education Code, is amended
	to read as follows:
	(a)  To be eligible initially for a TEXAS grant, a person
	graduating from high school on or after May 1, 2013, and enrolling
	in an eligible institution must:
	(1)  be a resident of this state as determined by
	coordinating board rules;
	(2)  meet the academic requirements prescribed by
	Paragraph (A), (B), (C), or (D) as follows:
	(A)  be a graduate of a public or accredited
	private high school in this state who completed the foundation high
	school program established under Section 28.025 or its equivalent
	and have accomplished any two or more of the following:
	(i)  successful completion of the course
	requirements of the international baccalaureate diploma program or
	earning of the equivalent of at least 12 semester credit hours of
	college credit in high school through courses described in Sections
	28.009(a)(1), (2), and (3);
	(ii)  achievement of a score set by the
	coordinating board on the Scholastic Assessment Test (SAT) or the
	American College Test (ACT), achievement of scores set by the
	coordinating board on the questions developed for end-of-course
	assessment instruments under former Section 39.0233(a), or
	demonstration of the performance standard for college readiness as
	provided by Section 28.008 on the postsecondary readiness
	assessment instruments adopted under Section 39.0238 for Algebra II
	and English III [satisfaction of the Texas Success Initiative (TSI)
	college readiness benchmarks prescribed by the coordinating board
	under Section 51.3062(f) on any assessment instrument designated by
	the coordinating board under Section 51.3062(c) or qualification
	for an exemption as described by Section 51.3062(p), (q), or
	(q-1)];
	(iii)  graduation in the top one-third of
	the person's high school graduating class or graduation from high
	school with a grade point average of at least 3.0 on a four-point
	scale or the equivalent; or
	(iv)  completion for high school credit of
	at least one advanced mathematics course following the successful
	completion of an Algebra II course or at least one advanced career
	and technical or technology applications course;
	(B)  have received an associate degree from a
	public or private institution of higher education;
	(C)  be an undergraduate student who has:
	(i)  previously attended another
	institution of higher education;
	(ii)  received an initial Texas Educational
	Opportunity Grant under Subchapter P for the 2014 fall semester or a
	subsequent academic term;
	(iii)  completed at least 24 semester credit
	hours at any institution or institutions of higher education; and
	(iv)  earned an overall grade point average
	of at least 2.5 on a four-point scale or the equivalent on all
	course work previously attempted; or
	(D)  if sufficient money is available, meet the
	eligibility criteria described by Section 56.304(a)(2)(A);
	(3)  meet financial need requirements established by
	the coordinating board;
	(4)  be enrolled in an undergraduate degree or
	certificate program at an eligible institution;
	(5)  except as provided under rules adopted under
	Section 56.304(h), be enrolled as:
	(A)  an entering undergraduate student for at
	least three-fourths of a full course load, as determined by the
	coordinating board, not later than the 16th month after the
	calendar month in which the person graduated from high school;
	(B)  an entering undergraduate student who
	entered military service not later than the first anniversary of
	the date the person graduated from high school and who enrolled for
	at least three-fourths of a full course load, as determined by the
	coordinating board, at the eligible institution not later than 12
	months after being honorably discharged from military service;
	(C)  a continuing undergraduate student for at
	least three-fourths of a full course load, as determined by the
	coordinating board, not later than the 12th month after the
	calendar month in which the person received an associate degree
	from a public or private institution of higher education; or
	(D)  an undergraduate student described by
	Subdivision (2)(C) who has never previously received a TEXAS grant;
	(6)  have applied for any available financial aid or
	assistance; and
	(7)  comply with any additional nonacademic
	requirements adopted by the coordinating board under this
	subchapter.
	SECTION 9.  Section 315.004, Labor Code, is amended to read
	as follows:
	Sec. 315.004.  ADULT EDUCATION ASSESSMENT.  The commission
	shall, in consultation with the Texas Higher Education Coordinating
	Board and the Texas Education Agency, review the standardized
	assessment mechanism required under Section 315.002(a)(7) and
	recommend any changes necessary to [align the assessment with the
	assessments designated under Section 51.3062, Education Code, to]
	allow for the proper placement of a student in an adult basic
	education course or to provide the student with the proper
	[developmental or] English as a second language coursework, as
	appropriate.
	SECTION 10.  The following provisions of the Education Code
	are repealed:
	(1)  Section 39.0233(a);
	(2)  Section 39.025(a-1);
	(3)  Section 51.3062; and
	(4)  Section 61.07611.
	SECTION 11.  This Act applies beginning with the 2017 fall
	semester.
	SECTION 12.  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, 2017.