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.