By: Seliger, et al. S.B. No. 463
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of individual graduation committees to satisfy
  certain public high school graduation requirements.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 12.104, Education Code, is amended by
  amending Subsection (b-2) and adding Subsection (b-3) to read as
  follows:
         (b-2)  An open-enrollment charter school is subject to the
  requirement to establish an individual graduation committee under  
  Section 28.0258.  This subsection expires September 1, 2019 [2017].
         (b-3)  An open-enrollment charter school is subject to the
  requirement to establish an individual graduation committee under
  Section 28.02581.  This subsection expires September 1, 2019.
         SECTION 2.  Section 28.025(c-6), Education Code, is amended
  to read as follows:
         (c-6)  Notwithstanding Subsection (c), a person may receive
  a diploma if the person is eligible for a diploma under Section
  28.0258.  This subsection expires September 1, 2019 [2017].
         SECTION 3.  Effective September 1, 2018, Section 28.0258(e),
  Education Code, is amended to read as follows:
         (e)  To be eligible to graduate and receive a high school
  diploma under this section, a student must successfully complete
  the curriculum requirements required for high school graduation[:
               [(1)]  identified by the State Board of Education under
  Section 28.025(a)[; or
               [(2)     as otherwise provided by the transition plan
  adopted by the commissioner under Section 28.025(h)].
         SECTION 4.  Section 28.0258(l), Education Code, is amended
  to read as follows:
         (l)  This section expires September 1, 2019 [2017].
         SECTION 5.  Subchapter B, Chapter 28, Education Code, is
  amended by adding Section 28.02581 to read as follows:
         Sec. 28.02581.  HIGH SCHOOL DIPLOMA AWARDED ON BASIS OF
  INDIVIDUAL GRADUATION COMMITTEE REVIEW FOR CERTAIN STUDENTS WHO
  ENTERED THE NINTH GRADE BEFORE 2011-2012. (a)  This section
  applies only to a student who:
               (1)  entered the ninth grade before the 2011-2012
  school year;
               (2)  successfully completed the curriculum
  requirements for high school graduation applicable to the student;
  and
               (3)  failed to comply with any exit-level assessment
  instrument performance requirements for assessment instruments
  administered under Section 39.023(c), as that section existed
  before amendment by Chapter 1312 (S.B. 1031), Acts of the 80th
  Legislature, Regular Session, 2007.
         (b)  For each student to whom this section applies, the
  school district in which the student is enrolled or was last
  enrolled, on request by the student, shall establish an individual
  graduation committee to determine whether the student may qualify
  to graduate as provided by this section.  The committee shall be
  composed of:
               (1)  the principal or principal's designee;
               (2)  for each exit-level assessment instrument on which
  the student failed to perform satisfactorily, a teacher in the
  applicable subject area;
               (3)  the department chair or lead teacher supervising
  the teacher described by Subdivision (2); and
               (4)  the student for whom the committee is established.
         (c)  The commissioner by rule shall establish a procedure for
  appointing an alternative committee member if a person described by
  Subsection (b)(1), (2), or (3) is unable to serve.  The
  superintendent of each school district shall establish procedures
  for the convening of an individual graduation committee.
         (d)  The school district shall ensure a good faith effort is
  made to timely notify the student for whom the individual
  graduation committee is established of the time and place for
  convening the committee.  The notice must be:
               (1)  provided in person or by regular mail or e-mail;
  and
               (2)  clear and easy to understand.
         (e)  Notwithstanding any other law, an individual graduation
  committee established under this section shall recommend
  additional requirements by which the student for whom the committee
  is established may qualify to graduate, including:
               (1)  additional remediation; and
               (2)  for each exit-level assessment instrument on which
  the student failed to perform satisfactorily:
                     (A)  the completion of a project related to the
  subject area that demonstrates proficiency in the subject area; or
                     (B)  the preparation of a portfolio of work
  samples in the subject area, including work samples that
  demonstrate proficiency in the subject area.
         (f)  For purposes of Subsection (e), the student may submit
  to the individual graduation committee coursework previously
  completed to satisfy a recommended additional requirement.
         (g)  In determining whether a student for whom an individual
  graduation committee is established is qualified to graduate, the
  committee shall consider:
               (1)  any recommendation of the teacher of the student
  in a subject area for which the student failed to perform
  satisfactorily on an exit-level assessment instrument;
               (2)  the student's grade in each course of the subject
  for which the student failed to perform satisfactorily on an
  exit-level assessment instrument;
               (3)  the student's score on each exit-level 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 (e);
               (5)  the number of hours of remediation that the
  student has attended, including attendance in and successful
  completion of a transitional college course in reading or
  mathematics;
               (6)  the student's school attendance rate during the
  student's enrollment in high school; 
               (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;
               (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;
               (10)  the student's rating of advanced high on the high
  school administration of the Texas English Language Proficiency
  Assessment System;
               (11)  the student's score of 50 or greater on a
  College-Level Examination Program examination;
               (12)  the student's score on the ACT, the SAT, or the
  Armed Services Vocational Aptitude Battery test;
               (13)  the student's completion of a sequence of high
  school courses under a career and technical education program
  required to attain an industry-recognized credential or
  certificate;
               (14)  the student's overall preparedness for
  postsecondary success; and
               (15)  any other academic information designated for
  consideration by the board of trustees of the school district.
         (h)  After considering the criteria under Subsection (g),
  the individual graduation committee may determine that the student
  is qualified to graduate.  Notwithstanding any other law, a student
  for whom an individual graduation committee is established may
  graduate and receive a high school diploma on the basis of the
  committee's decision only if the student successfully completes all
  additional requirements recommended by the committee under
  Subsection (e) and the committee's vote is unanimous.  The
  commissioner by rule shall establish a timeline for making a
  determination under this subsection.  This subsection does not
  create a property interest in graduation.  The decision of a
  committee is final and may not be appealed.
         (i)  The commissioner shall adopt rules as necessary to
  implement this section.
         (j)  This section expires September 1, 2019.
         SECTION 6.  The heading to Section 28.0259, Education Code,
  is amended to read as follows:
         Sec. 28.0259.  SCHOOL DISTRICT REPORTING REQUIREMENTS FOR
  STUDENTS GRADUATING BASED ON INDIVIDUAL GRADUATION COMMITTEE
  REVIEW PROCESS.
         SECTION 7.  Section 28.0259(e), Education Code, is amended
  to read as follows:
         (e)  This section expires September 1, 2019 [2018].
         SECTION 8.  Subchapter B, Chapter 28, Education Code, is
  amended by adding Section 28.02591 to read as follows:
         Sec. 28.02591.  TEXAS HIGHER EDUCATION COORDINATING BOARD
  REPORTING REQUIREMENTS FOR STUDENTS GRADUATING BASED ON INDIVIDUAL
  GRADUATION COMMITTEE REVIEW PROCESS.  (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 diploma based on the
  determination of an individual graduation committee under Section
  28.0258, including whether the student:
               (1)  enters the workforce;
               (2)  enrolls in an associate degree or certificate
  program at a public or private institution of higher education;
               (3)  enrolls in a bachelor's degree program at a public
  or private institution of higher education; or
               (4)  enlists in the armed forces of the United States or
  the Texas National Guard.
         (b)  Not later than December 1 of each even-numbered year,
  the Texas Higher Education Coordinating Board shall provide a
  report to the legislature that includes a summary compilation of
  the data collected under Subsection (a) that is presented in a
  manner that does not identify an individual student.
         (c)  The Texas Higher Education Coordinating Board and the
  agency shall adopt rules as necessary to implement this section.
         SECTION 9.  Section 39.025(a-2), Education Code, as added by
  Chapter 5 (S.B. 149), Acts of the 84th Legislature, Regular
  Session, 2015, is amended to read as follows:
         (a-2)  Notwithstanding Subsection (a), a student who has
  failed to perform satisfactorily on end-of-course assessment
  instruments in the manner provided under this section may receive a
  high school diploma if the student has qualified for graduation
  under Section 28.0258.  This subsection expires September 1, 2019
  [2017].
         SECTION 10.  Section 39.025(a-3), Education Code, is amended
  to read as follows:
         (a-3)  A student who, after retaking an end-of-course
  assessment instrument for Algebra I or English II, has failed to
  perform satisfactorily as required by Subsection (a), but who
  receives a score of proficient on the Texas Success Initiative
  (TSI) diagnostic assessment for the corresponding subject for which
  the student failed to perform satisfactorily on the end-of-course
  assessment instrument satisfies the requirement concerning the
  Algebra I or English II end-of-course assessment, as applicable.  
  This subsection expires September 1, 2019 [2017].
         SECTION 11.  Effective September 1, 2019, Section 39.025,
  Education Code, is amended by amending Subsection (c-1) and adding
  Subsection (c-2) to read as follows:
         (c-1)  A school district may not administer an assessment
  instrument required for graduation administered under this section
  as this section existed:
               (1)  before September 1, 1999; or
               (2)  before amendment by Chapter 1312 (S.B. 1031), Acts
  of the 80th Legislature, Regular Session, 2007.
         (c-2)  A school district may administer to a student who
  failed to perform satisfactorily on an assessment instrument
  described by Subsection (c-1) [this subsection] an alternate
  assessment instrument designated by the commissioner.  The
  commissioner shall determine the level of performance considered to
  be satisfactory on an alternate assessment instrument.  The
  district may not administer to the student an assessment instrument
  or a part of an assessment instrument that assesses a subject that
  was not assessed in an assessment instrument applicable to the
  student described by Subsection (c-1) [required for graduation
  administered under this section as this section existed before
  September 1, 1999].  The commissioner shall make available to
  districts information necessary to administer the alternate
  assessment instrument authorized by this subsection.  The
  commissioner's determination regarding designation of an
  appropriate alternate assessment instrument under this subsection
  and the performance required on the assessment instrument is final
  and may not be appealed.
         SECTION 12.  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, 2017.