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  S.B. No. 463
 
 
 
 
AN ACT
  relating to the use of individual graduation committees to satisfy
  certain public high school graduation requirements and other
  alternative methods 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
  graduation qualification procedure established by the commissioner
  under Section 28.02541.  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.  Subchapter B, Chapter 28, Education Code, is
  amended by adding Section 28.02541 to read as follows:
         Sec. 28.02541.  DIPLOMA FOR CERTAIN STUDENTS WHO ENTERED
  NINTH GRADE BEFORE 2011-2012 SCHOOL YEAR. (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
  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-1); 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.
         (b)  Notwithstanding the requirements under this subchapter,
  the commissioner by rule shall establish a procedure to determine
  whether a student subject to this section may qualify to graduate
  and receive a high school diploma as provided by this section.
         (c)  In adopting rules under this section, the commissioner:
               (1)  shall designate the school district in which a
  student is enrolled or was last enrolled to make the decision
  regarding whether the student qualifies to graduate and receive a
  high school diploma; and
               (2)  shall establish criteria for school districts to
  develop recommendations for alternative requirements by which a
  student subject to this section may qualify to graduate and receive
  a high school diploma.
         (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
               (3)  military or other relevant life experience.
         (e)  A school district's decision regarding whether the
  student qualifies to graduate and receive a high school diploma is
  final and may not be appealed.
         (f)  The commissioner shall adopt rules to administer this
  section.
         (g)  This section expires September 1, 2019.
         SECTION 4.  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 5.  Section 28.0258(l), Education Code, is amended
  to read as follows:
         (l)  This section expires September 1, 2019 [2017].
         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, as that section existed before September 1, 2019,
  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.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 463 passed the Senate on
  May 1, 2017, by the following vote:  Yeas 28, Nays 3; May 26, 2017,
  Senate refused to concur in House amendments and requested
  appointment of Conference Committee; May 26, 2017, House granted
  request of the Senate; May 28, 2017, Senate adopted Conference
  Committee Report by the following vote:  Yeas 29, Nays 2.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 463 passed the House, with
  amendments, on May 23, 2017, by the following vote:  Yeas 141,
  Nays 2, one present not voting; May 26, 2017, House granted request
  of the Senate for appointment of Conference Committee;
  May 28, 2017, House adopted Conference Committee Report by the
  following vote:  Yeas 145, Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor