SB 149: Update and FAQ

May 20, 2015

“While it is critical that the state appropriately holds public schools and districts accountable for delivering the best possible education, we must protect Texas students from being penalized as a result of evolving test standards.”

-Greg Abbott

Intention of SB 149

• Provide an opportunity to students who are in jeopardy of not graduating due to failing one or more EOC assessments.

• Is specific to students who have taken and failed to achieve the EOC assessment performance requirements required for graduation.

• Does not impact graduation plan or endorsements.

Individual Graduation Committee Eligibility

• Students classified in grades 11 or 12 during the 2014-15, 2015-16, or 2016-17 school years; and

• Have taken and failed to achieve the end-of-course (EOC) assessment performance requirements for graduation for not more than two courses

What process should an LEA follow?

• The commissioner is required to adopt rules related to individual graduation committees including timelines and related reporting requirements, not later than the 2015-16 school year. For the 2014-15 school year, school districts have the authority to establish necessary procedures and timelines [TEC, §28.0258(c), (c-1), (i), and (i-1)].

• The superintendent of each LEA must establish procedures for the convening of an IGC [TEC,§28.0258(c)]. 

Individual Graduation Committee Members

The IGC must be composed of:

• principal, or principal designee;

• teacher of the course for which the student did not pass the EOC assessment;

• department chair or lead teacher supervising the teacher of the course; and

• student’s parent or guardian; a designated advocate; or the student, at the student’s option, if the student is at least 18 years old or is an emancipated minor.

Additional requirements IGC must recommend:

• A student’s IGC is required to recommend additional remediation and, for each EOC assessment on which the student failed to perform satisfactorily:

• the completion of a project related to the subject area of the course that demonstrates proficiency or

• the preparation of a portfolio of work samples in the subject area of the course, including work samples from the course that demonstrate proficiency [TEC, §28.0258(f)].

How does the committee determine a student is qualified to graduate?

A student is qualified to graduate on the basis of an IGC decision only if the student:

• successfully completes the credit requirements for the foundation high school program identified by the State Board of Education or as otherwise provided by the transition plan adopted by the commissioner in TAC, §74.1021, 

• the student successfully completes all additional requirements recommended by the IGC, and

• the committee’s vote is unanimous[TEC, §28.0258(i)].

IGC must consider the following:

• recommendation of the student’s teacher in each course for which the student failed to perform satisfactorily on an EOC assessment

• student’s grade in each course for which the student failed to perform satisfactorily on an EOC assessment;

• student’s score on each EOC assessment on which the student failed to perform satisfactorily;

• student’s performance on any additional requirements recommended by the committee;

• number of hours of remediation that the student has attended, including attendance in a college preparatory course, if applicable, or attendance in and successful completion of a transitional college course in reading or mathematics;

• student’s school attendance rate;

• student’s satisfaction of any of the Texas Success Initiative (TSI) college readiness benchmarks prescribed by the Texas Higher Education Coordinating Board;

• student’s successful completion of a dual credit course in English, mathematics, science, or social studies;

• student’s successful completion of a high school pre-Advanced Placement (AP), AP, or International Baccalaureate program course in English, mathematics, science, or social studies;

• student’s rating of advanced high on the most recent high school administration of the Texas English Language Proficiency Assessment System (TELPAS);

• student’s score of 50 or greater on a College-Level Examination Program (CLEP) examination;

• student’s score on the ACT, SAT, or Armed Services Vocational Aptitude Battery (ASVAB) test;

• student’s completion of a sequence of courses under a career and technical education program required to attain an industry-recognized credential or certificate;

• student’s overall preparedness for postsecondary success; and

• any other academic information designated for consideration by the board of trustees of the school district or charter [TEC, §28.0258(h)].

How does SB 149 effect special programs?

Special Education• The student’s ARD committee determines whether the student is required to achieve

satisfactory performance on the EOC assessments.

• If a student who receives special education services has satisfactorily completed credit requirements for graduation under the RHSP specified in Chapter 74, as applicable, without modifications to content and the student achieved satisfactory performance on at least three EOC assessments, the student may be awarded an RHSP diploma.

English Language Learners (ELL)• An ELL student not required to retest based on the Special Provision for English I EOC, is

eligible for IGC review if the student attempts all other EOCs but fails to achieve a satisfactory score on one additional test. In other words, the special provision counts as one of the two assessments that a student can fail and still be considered for IGC.

Possible reasons not to convene the IGC:

• If a student performs satisfactorily on the TSI in English after retaking the English I or English II EOC, the end-of-course requirement for English I and English II will be satisfied.

• If a student performs satisfactorily on the TSI in Mathematics after retaking the Algebra I EOC, the end-of-course requirement for Algebra I will be satisfied.

What else do LEAs need to know?

• The school district must provide a translator, if available.

• The school district must make a good faith effort to timely notify committee participants of the time and place for convening the meeting, as well as the purpose of the meeting.

• This notice may be provided in person, by regular mail, or by email.

• The notice must be clear and easy to understand.

• The notice must be written in English, in Spanish, or to the extent practicable, in the native language of the committee members.

Areas not addressed by SB 149:

• Does not say who all may qualify as a principal designee

• Does not say the teacher must be (or has been) the teacher of that student

• Does not say who can serve in the teacher supervisory role if there is not a department head or lead teacher

• Does not say what transcripts will look like

• Does not explain how this data will be reported in PEIMS (only that it must be reported)

Other information to consider:

• Assessments will impact accountability.

• LEAs shall report through PEIMS the number of students for which an IGC is established who are awarded a diploma based on the decision of the IGC.

• LEAs shall report the information required no later than Dec. 1, 2015.

• TEA will make this information available on the agency’s website.

SB 149 Resources

• TEA FAQ

• http://tea.texas.gov/WorkArea/DownloadAsset.aspx?id=25769821193

• ESC Resources

• ESC 4-http://www.esc4.net/default.aspx?name=sb149.home

• ESC 10-http://www.region10.org/effective-practices/index/

• ESC 13-http://www4.esc13.net/cc/senate-bill-149

• ESC 20-http://www.esc20.net/default.aspx?name=EO.SB149

Sources Cited

• ESC-10 SB 149 Resources, http://www.region10.org/effective-practices/index/

• TEA FAQ, http://tea.texas.gov/WorkArea/DownloadAsset.aspx?id=25769821193

• Texas Tribune, http://www.texastribune.org/2015/02/19/graduation-committees/