1. House Bill 5
A Brief Overview

2. Key Provisions Graduation Assessment Other Provisions Accountability
District Self-Evaluations
Financial Implications
Reporting Implications
Accountability

3. Graduation Implications

4. General Overview
HB 5 changed the graduation programs from MHSP, RHSP, and DAP to a Foundation Program with options for:
Endorsements;
Distinguished Level of Achievement; and/or
Performance Acknowledgements.
This becomes effective with freshmen but students enrolled in high school prior to will have the option of transitioning to this graduation program.
Clearly identify that Performance acknowledgements can be earned on any of the graduation options-Foundation, Foundation with Endorsement, or Distinguished

5. Graduation Overview 22-credit Foundation Program
17 specified credits + 5 electives
26-credit Endorsements
19 specified credits + 7 electives
26-credit Distinguished Level of Achievement
19 specified credits, including Algebra II + 7 electives
For ANY student:
Performance Acknowledgements
Endorsements, Distinguished Level of Achievement, and Performance Acknowledgements all required to be noted on the transcript and diploma.
Performance Acknowledgements include: Dual credit(s), bilingualism/biliteracy, AP/IB tests, SAT/ACT tests, PSAT/ACT-Plan, recognized certifications/licensure

6. What is currently happening?
TEA and SBOE are working to transition and implement the requirements of HB 5
The bill gives SBOE decision-making authority on a number of issues.
There will be opportunities to provide input and feedback once SBOE begins the rulemaking process.
TEA’s Commissioner must adopt a transition plan to implement the bill and replace the existing MHSP, RHSP, and DAP with the Foundation High School Program beginning with the school year.
Notes: SBOE decision making process will be lengthy because of the number and complexity of decisions that need to be made.

7. Anticipated Timelines
August 2013:
SBOE meeting and work session in regard to necessary decisions
Archived files of this work session are available online

8. Anticipated Timelines
September 2013
SBOE Board Meeting
Discussion item regarding necessary decisions
Likely public hearing held in conjunction with meeting
No action expected to be taken
Notes: SBOE will take input at any time. They have already heard from Science organizations and are soliciting input from English and Math organizations. Please use public comment period to give input on rules if you have input to share. Once rules are adopted, it is too late to give input on implications.

9. Anticipated Timelines
November 2013
SBOE Board Meeting
TEA hopes to present a proposal for first reading and filing authorization
30 days required public comment period, but possibly extended until January SBOE meeting
Possible public hearing

10. Anticipated Timelines
January 2014
SBOE Board Meeting
Earliest possible vote for final adoption of rules
Notes: SBOE recognizes that if they delay their decision beyond January this will create issues for schools in planning for implementation of the changes (choice slips, master schedules, teacher hiring, etc.)

11. Anticipated Timelines
Students beginning high school in must complete the requirements of the new graduation program.
Students enrolled in high school prior to will have the choice to complete their current (MHSP, RHSP, or DAP) graduation program or to transition to the new Foundation High School Program.
Notes: This means for several years schools will likely have to offer the classes required under both the “old” (existing) MHSP, RHSP, and DAP and under the “new” (HB 5) Foundation School Program and its associated endorsements, distinguished levels of achievement, and performance acknowledgements. It is a gamble to try to “fully” transition to the new requirements because we do not yet know all of the classes that will be required. Per TEA, it is safest to maintain the status quo for this school year.

12. Foundation High School Program Eligible for general admission to institutions of higher education
Foundation Curriculum
Enrichment Curriculum
English Language Arts (4 credits)
English I
English II
English III
Advanced English Course*
Physical Education
One credit
Some exceptions
Mathematics (3 credits)
Algebra I
Geometry
Advanced Mathematics Course*
Languages Other Than English
Two credits in the same language
Substitution for computer programming languages**
Some exceptions*
Science (3 credits)
Biology
IPC or Advanced Science Course*
Advanced Science Course*
Fine Arts
Social Studies (3 credits)
U.S. History
U.S. Government (1/2 credit)
Economics (1/2 credit)
World Geography, or World History, or Combined World Geography/World History**
Electives
Five credits
Total: 22 credits
Notes:
Curriculum requirements are generally in HB 5, Section 16; LBB p. 137
Students graduating under the Foundation Program will be eligible for general admission to IHEs (HB 5, Sec ).
Foundation Curriculum:
ELA: Now have an option other than English IV.
Science: No longer has a specific requirement for either Physics or Chemistry in statute.
Enrichment Curriculum:
Statute specifies that SBOE cannot designate a specific course or a specific number of credits in the enrichment curriculum as requirements for the Foundation Program.
PE:
The substitutions for PE for students with a disability who are unable to participate in physical activity due to disability or illness. These students can still substitute one credit in ELA, math, science, social studies, or an academic elective credit. (ARD committee, 504 committee, or locally developed committee makes this decision.) Additionally, the student substitute a locally developed course/activity allowed under new TEC (g-1) – “a course or other activity, including an apprenticeship or training hours needed to obtain an industry-recognized credential or certificate, that is approved by the board of trustees for credit without obtaining SBOE approval…”
Private or commercially sponsored PE is still allowable with Commissioner approval.
LOTE:
One of the most significant changes is that all students will be required to earn 2 credits in LOTE (current MHSP does not require LOTE). Computer programming languages will count here (other exceptions as well). Based on conversations at SBOE, TEA says it sounds like the SBOE is likely to direct development of “skills-based” courses that would allow schools to choose the computer language(s) they will teach.
Exceptions for LOTE:
Computer programming languages can substitute as an LOTE.
If a student is not likely to complete the 2nd credit in LOTE, he/she must be given an option for an alternate course. SBOE must develop the criteria for schools to decide whether or not students are eligible for this exception and who will have the authority to make that decision, as well as what the alternate option(s) will be.
Students with a disability who are unable to complete the 2 LOTE credits must be allowed to substitute 2 credits in ELA, math, science, or social studies or 2 credits in CTE, technology applications, or other academic electives. The substituted credits CANNOT also be used by the student to meet other graduation credits. This is not specific to students who are eligible under IDEA, but statute requires that the ARD committee make the decision for a student who receives special education services and the 504 Committee make the decision for a student served under Section 504.
Fine Arts: HB 5 statute allows a community-based fine arts program as a fine arts credit with approval of the Commissioner, if the community-based program provides instruction in the TEKS. (This is similar to the current provision allowing PE credit for private or commercially sponsored PE.)
Regarding Speech – there is no statutory requirement for Speech under the current graduation plans; that is an SBOE requirement. Therefore, SBOE could choose to keep speech as a requirement under the Foundation High School Program. Based on preliminary discussions, at least some of the SBOE members have voiced a desire to maintain the speech requirement.
Course has a required EOC assessment
*TBD by SBOE
**Course does not yet exist

13. Endorsements
Upon entering 9th grade, a student must indicate (in writing) an endorsement he/she intends to earn.
Student must be allowed to choose a different endorsement at any time.

14. Endorsements – 26 credits
A student may earn an endorsement by successfully completing:
Curriculum requirements for the endorsement (TBD by SBOE)
4 credits in mathematics
4 credits in science
2 additional elective credits
26 credits total
Notes:
SBOE can choose to require specific courses for each of the endorsements but we do not know yet if they will do this. They have the authority to do so.
The 4th math and 4th science required here have option for a designated advanced CTE course.
HB 5 requires in order for a student to earn an endorsement, he/she must complete a total of 4 credits in math and 4 in Science (and Foundation already requires 4 in ELA and 3 in Social Studies – so this is “close” to 4x4) and 2 additional elective credits. So, this is a total of 26 credits, similar to the current RHSP and DAP. SBOE also has the authority to require the 2 elective credits to be specific, but we do not know yet if they will do so.

15. Endorsements Endorsement Includes courses directly related to:
STEM (Science, Technology, Engineering, and Mathematics)
Science, including environmental science
Technology, including computer science
Engineering
Advanced math
Business and Industry
Database management
Information technology
Communications
Accounting
Finance
Marketing
Graphic design
Architecture
Construction
Welding
Logistics
Automotive technology
Agricultural science
HVAC (heating, ventilation, and air conditioning)
Public Services
Health sciences and occupations
Education and training
Law enforcement
Culinary arts and hospitality*
Arts and Humanities
Political science*
World languages
Cultural studies
English literature
History
Fine arts
Multidisciplinary Studies
Allows a student to select courses from the curriculum of each endorsement area and earn credits in a variety of advanced courses from multiple content areas sufficient to complete the distinguished level of achievement.
Notes:
HB 5 requires that the endorsement will be placed on the diploma and transcript.
SBOE can choose to include specific course requirements in each of the endorsement areas but we do not know yet if they will do this. They have the authority to do so.
HB 5 requires that students must have multiple options for earning each endorsement, including, to the greatest extent possible, coherent sequences of courses. Additionally, the statute requires that student must be permitted to enroll in courses under more than one endorsement curriculum before the student’s junior year.
STEM – least complicated endorsement in statute. TEA has talked with SBOE about possible CTE courses for this area.
Business and Industry – aligns a lot to the current career clusters in CTE. TEA has visited with SBOE about possibly aligning these to the current coherent sequences in clusters.
Public Services – Per TEA’s conversation with SBOE, Culinary Arts & Hospitality may be moved from this endorsement to the Business and Industry endorsement.
Arts and Humanities – Per TEA’s conversation with SBOE, Political Science may be moving to Public Services – as that is more closely aligned with where courses reside within current course clusters.
* Preliminary conversations indicate these may move to other endorsement areas

16. Total: 26 credits including the completion of at least one endorsement
Foundation High School Program with Endorsement(s) Eligible for general admission to institutions of higher education
Foundation Curriculum
Enrichment Curriculum
English Language Arts (4 credits)
English I
English II
English III
Advanced English Course*
Physical Education
One credit
Some exceptions
Mathematics (4 credits)
Algebra I
Geometry
2 Advanced Mathematics Courses*
Languages Other Than English
Two credits in the same language
Substitution for computer programming languages**
Exceptions exist*
Science (4 credits)
Biology
IPC or Advanced Science Course*
2 Advanced Science Courses*
Fine Arts
Social Studies (3 credits)
U.S. History
U.S. Government (1/2 credit)
Economics (1/2 credit)
World Geography, or World History, or Combined World Geography/World History**
Electives
Seven credits
Total: 26 credits including the completion of at least one endorsement
Notes:
Foundation Curriculum:
ELA: Now have an option other than English IV.
Science: No longer has a specific requirement for either Physics or Chemistry in statute.
Enrichment Curriculum:
Statute specifies that SBOE cannot designate a specific course or a specific number of credits in the enrichment curriculum as requirements for the Foundation Program.
PE:
The substitutions for PE for students with a disability who are unable to participate in physical activity due to disability or illness. These students can still substitute one credit in ELA, math, science, social studies, or an academic elective credit. (ARD committee, 504 committee, or locally developed committee makes this decision.) Additionally, the student substitute a locally developed course/activity allowed under new TEC (g-1) – “a course or other activity, including an apprenticeship or training hours needed to obtain an industry-recognized credential or certificate, that is approved by the board of trustees for credit without obtaining SBOE approval…”
Private or commercially sponsored PE is still allowable with Commissioner approval.
LOTE:
One of the most significant changes is that all students will be required to earn 2 credits in LOTE (current MHSP does not require LOTE). Computer programming languages will count here (other exceptions as well). Based on conversations at SBOE, TEA says it sounds like the SBOE is likely to direct development of “skills-based” courses that would allow schools to choose the computer language(s) they will teach.
Exceptions for LOTE:
Computer programming languages can substitute as an LOTE.
If a student is not likely to complete the 2nd credit in LOTE, he/she must be given an option for an alternate course. SBOE must develop the criteria for schools to decide whether or not students are eligible for this exception and who will have the authority to make that decision, as well as what the alternate option(s) will be.
Students with a disability who are unable to complete the 2 LOTE credits must be allowed to substitute 2 credits in ELA, math, science, or social studies or 2 credits in CTE, technology applications, or other academic electives. The substituted credits CANNOT also be used by the student to meet other graduation credits. This is not specific to students who are eligible under IDEA, but statute requires that the ARD committee make the decision for a student who receives special education services and the 504 Committee make the decision for a student served under Section 504.
Fine Arts: HB 5 statute allows a community-based fine arts program as a fine arts credit with approval of the Commissioner, if the community-based program provides instruction in the TEKS. (This is similar to the current provision allowing PE credit for private or commercially sponsored PE.)
Regarding Speech – there is no statutory requirement for Speech under the current graduation plans; that is an SBOE requirement. Therefore, SBOE could choose to keep speech as a requirement under the Foundation High School Program. Based on preliminary discussions, at least some of the SBOE members have voiced a desire to maintain the speech requirement.
*TBD by SBOE
**Course does not yet exist
Course has a required EOC assessment

17. Endorsements
Each school district must make available to high school students courses that allow a student to complete the curriculum requirements for at least one endorsement.
A school district that offers only one endorsement curriculum must offer the multidisciplinary studies endorsement curriculum.

18. Graduation without an Endorsement
A student can graduate under the Foundation Program without an endorsement if, after his/her sophomore year:
The student and the parent are advised by the counselor of the specific benefits of graduating from high school with one or more endorsements; and
The student’s parent files with the school counselor written permission (on a TEA developed form) allowing the student to graduate under the Foundation High School Program without an endorsement.
Note:
This is similar to the current provision that a student can only graduate under the MHSP after meeting certain conditions. Students graduating under the Foundation High School Program will be eligible for general admission to institutions of higher education.

19. Distinguished Level of Achievement – 26 credits
A student may earn a distinguished level of achievement by completing:
4 credits in mathematics, which must include Algebra II;
4 credits in Science;
The remaining curriculum requirements; and
The curriculum endorsements for at least one endorsement (TBD by SBOE).
Notes:
Distinguished Level of Achievement will be noted on the transcript and diploma.
Distinguished Level of Achievement goes beyond endorsements.
Per TEA, the current interpretation is that the only difference between an endorsement and distinguished level of achievement is completion of Algebra II as the 4th mathematics course. The rest of the requirements listed for distinguished level of achievement are also required for an endorsement. Per TEA, it looks like SBOE does not have the authority to specify differently based on statute.

20. Distinguished Level of Achievement
Students must earn Distinguished Level of Achievement in order to be eligible for Top 10% Automatic Admission to institutions of higher education.

21. Total: 26 credits including the completion of at least one endorsement
Foundation High School Program with Distinguished Level of Achievement Eligible for automatic admission to institutions of higher education
Foundation Curriculum
Enrichment Curriculum
English Language Arts (4 credits)
English I
English II
English III
Advanced English Course*
Physical Education
One credit
Some exceptions
Mathematics (4 credits)
Algebra I
Geometry
Algebra II
Advanced Mathematics Course*
Languages Other Than English
Two credits in the same language
Substitution for computer programming languages**
Exceptions exist*
Science (4 credits)
Biology
IPC or Advanced Science Course*
2 Advanced Science Courses*
Fine Arts
Social Studies (3 credits)
U.S. History
U.S. Government (1/2 credit)
Economics (1/2 credit)
World Geography, or World History, or Combined World Geography/World History**
Electives
Seven credits
Total: 26 credits including the completion of at least one endorsement
Notes:
LBB, p. 173
Students graduating with Distinguished Level of Achievement will be eligible for Automatic Admission to IHEs (HB 5, Sections 18 & 64).
Foundation Curriculum:
ELA: Now have an option other than English IV.
Science: No longer has a specific requirement for either Physics or Chemistry in statute.
Enrichment Curriculum:
Statute specifies that SBOE cannot designate a specific course or a specific number of credits in the enrichment curriculum as requirements for the Foundation Program.
PE:
The substitutions for PE for students with a disability who are unable to participate in physical activity due to disability or illness. These students can still substitute one credit in ELA, math, science, social studies, or an academic elective credit. (ARD committee, 504 committee, or locally developed committee makes this decision.) Additionally, the student substitute a locally developed course/activity allowed under new TEC (g-1) – “a course or other activity, including an apprenticeship or training hours needed to obtain an industry-recognized credential or certificate, that is approved by the board of trustees for credit without obtaining SBOE approval…”
Private or commercially sponsored PE is still allowable with Commissioner approval.
LOTE:
One of the most significant changes is that all students will be required to earn 2 credits in LOTE (current MHSP does not require LOTE). Computer programming languages will count here (other exceptions as well). Based on conversations at SBOE, TEA says it sounds like the SBOE is likely to direct development of “skills-based” courses that would allow schools to choose the computer language(s) they will teach.
Exceptions for LOTE:
Computer programming languages can substitute as an LOTE.
If a student is not likely to complete the 2nd credit in LOTE, he/she must be given an option for an alternate course. SBOE must develop the criteria for schools to decide whether or not students are eligible for this exception and who will have the authority to make that decision, as well as what the alternate option(s) will be.
Students with a disability who are unable to complete the 2 LOTE credits must be allowed to substitute 2 credits in ELA, math, science, or social studies or 2 credits in CTE, technology applications, or other academic electives. The substituted credits CANNOT also be used by the student to meet other graduation credits. This is not specific to students who are eligible under IDEA, but statute requires that the ARD committee make the decision for a student who receives special education services and the 504 Committee make the decision for a student served under Section 504.
Fine Arts: HB 5 statute allows a community-based fine arts program as a fine arts credit with approval of the Commissioner, if the community-based program provides instruction in the TEKS. (This is similar to the current provision allowing PE credit for private or commercially sponsored PE.)
Regarding Speech – there is no statutory requirement for Speech under the current graduation plans; that is an SBOE requirement. Therefore, SBOE could choose to keep speech as a requirement under the Foundation High School Program. Based on preliminary discussions, at least some of the SBOE members have voiced a desire to maintain the speech requirement.
Course has a required EOC assessment
*TBD by SBOE
**Course does not yet exist

22. Performance Acknowledgements
Any student may earn a performance acknowledgement (requirements TBD by SBOE):
For outstanding performance
In a dual credit course
In bilingualism and biliteracy
On an AP test or IB exam
On the PSAT, the ACT-Plan, the SAT, or the ACT
For earning a nationally or internationally recognized business or industry certification or license
Notes:
It appears that ANY student can earn a performance acknowledgement (under the Foundation High School Program with or without endorsement(s) and distinguished level of achievement).
Performance Acknowledgements will also be noted on the diploma and the transcript.
Scores, etc. required to earn Performance Acknowledgements are TBD by SBOE. Nothing in statute recognizes state licenses or certification, and TEA has found very few internationally recognized certifications or licenses at this point. Therefore, TEA has stated they are unsure what this will look like. However, it is within the realm of possibility that a student could earn multiple performance acknowledgements because in statute it appears each bullet is distinct and SBOE cannot require a combination for a performance acknowledgements.

23. Notes
Students could graduate under the Foundation High School Program without earning an Endorsement, Distinguished Level of Achievement, or Performance Acknowledgements.
Reminders:
There must be written parental permission on file to allow graduation under the Foundation High School Program without any endorsements.
These students are eligible for general admission (not automatic admission) into an institution of higher education.
Note:
Graduation under the Foundation Program without any “extras” will be similar to graduation under the current MHSP; however, it will require the 2 LOTE credits. Prior to HB 5, students graduating under the MHSP could go to a junior college (2 year college) and then transfer to an IHE because they were not eligible for general or automatic admission into an IHE.
Reminder: Exceptions exist for the LOTE credits in the HB 5 graduation plans.

24. 4th Year HS Students During 2013-2014
4th year high school students currently participating in MHSP, RHSP, or DAP can choose to graduate under the Foundation High School Program – in accordance with Commissioner Rules.
Section 16 (TEC (h-2)); LBB p. 66
No Commissioner Rules yet on this (these students are currently under TAKS and on the MHSP, RHSP, or DAP).

25. TEXAS Grant Eligibility
Effective
Students graduating under the Foundation High School Program are eligible for Texas GRANT
Flexibility in the required additional criteria for eligibility due to advanced technology applications courses
Section 68 (TEC ) – changes the language from “recommended” to “foundation”; LBB p. 137
In addition to graduating, students must meet at least 2 additional eligibility criteria for Texas GRANT.
Previously, technology applications was not in the law – it only included advanced CTE courses

26. Higher Education Effective 2014-2015
Notice must be provided to parents and students regarding automatic admission to IHE and financial aid.
Timeline: entering freshman, AND AGAIN eligible (top 10%) junior & seniors
TEA will develop forms to be used by district.
Forms must be signed by student and parent (and the form for entering freshmen must be signed by the counselor as well).
Counselor and senior class advisor must explain automatic admission requirements to eligible students.
Section 30, (a), (b)(1), (b)(2); LBB p. 96
Notice Requirements – Section 18 TEC ; LBB p. 73
Notice must be provided to students the first time they register for a high school class and then to eligible Jrs and Srs no later than the 14th day after the last day of the Fall semester

27. PEIMS Reporting Effective 2014-2015
Report the number of students who were:
Enrolled in Foundation High School Program
Pursuing Distinguished Level of Achievement
Enrolled in a program to earn an endorsement
Information disaggregated by all student groups
Section 16, TEC (e-2), (e-3); LBB p. 66
(e-3) “Information must be …disaggregated by all student groups served by the district, including categories of race, ethnicity, socioeconomic status, sex, and populations served by special programs, including students in special education programs…”

28. Credit by Examination Effective: Immediately
Not part of HB 5 (in HB 2694/SB 1365)
At least 4 examinations for acceleration or for credit for each subject area required
Must include AP and CLEP exams
Exams administered at least 4 times per year (unless schedule is not determined by district)
2 attempt limit
May not attempt after they would be enrolled in the course
This is NOT a HB 5 provision, but is in HB 2694/SB 1365 (LBB p. 50).
Districts previously were not required to offer multiple tests/exams for each subject area and were not required to include AP or CLEP exams as credit by exam option.
Previously, credit by exam was only required to be administered once per school year (at times determined by the SBOE). Now, each exam must be administered at least four times per school year (unless it is a test whose administration schedule is not determined by the district).
Students are now limited to no more than 2 attempts at credit by exam for any given subject area and may not attempt credit by exam for acceleration (no prior instruction) after the time in which they would ordinarily be enrolled in the course.

29. Credit by Examination Effective: Immediately
Not part of HB 5 (in HB 2694/SB 1365)
Credit must be awarded if the student scores:
3 of higher on an AP exam
60 or higher on a CLEP exam
80% of higher on another test
No EOC required
This is NOT a HB 5 provision, but is in HB 2694/SB 1365 (LBB p. 50).
Previously, credit by exam for acceleration (no prior instruction) required a score of 90% for credit to be awarded. The new score is 80% (and also applies to elementary students – not just for high school credit). Students who earn credit by exam are exempt from taking the EOC exam for that subject area. There is no 90% attendance requirement for credit by exam.

30. 90% Attendance Effective 2013-2014
A student cannot receive course credit or a final grade in a course without 90% attendance.
Applies to K-12
HB 5, Section 6,7 (TEC ); LBB p. 44
Notes: Prior to this, 90% impacted course credit, and, therefore, applied primarily at the high school level. The law was amended to include final grade along with course credit and now specifies that it applies in K-12.

31. Dual Credit Courses Effective 2013-2014
A student may not enroll in more than 3 courses outside a student’s junior college service area.
Early High School Colleges are exempted
Section (f) (adds); LBB p. 115

32. Locally Developed CTE Courses/Activities
Allows districts to offer courses or other activities, including apprenticeships or training hours needed to obtain an industry-recognized credential or certificate under certain conditions
Requires approval of School Board
Does not require approval of SBOE
Must be reported to TEA
Section 8, (g-1); LBB p. 54
Conditions required:
The district develops a program under which the district partners with a public or private institution of higher education and local business, labor, and community leaders to develop and provide the course; and
The course or other activity allows the student to enter:
A CTE training program in the district’s region of the state;
An IHE without remediation;
An apprenticeship training program; or
An internship required as part of the accreditation toward an industry-recognized credential or certificate for course credit.
(g-2) Reporting
District must annually report to TEA names of the courses, programs, IHE, and internships in which the students have enrolled under (g-1) and TEA must make this information available to other districts

33. College Preparatory Courses
Districts must partner with at least one IHE to develop college prep courses in math and ELA for 12th grade students who do not meet college readiness standards or whose performance indicates they are not ready to perform entry-level college coursework.
District must, in consultation with the IHE, develop or purchase materials for these courses.
Note that the courses will now be developed by the district and IHE, not SBOE.
HB 5, Section 10 (TEC ); LBB p. 115
Notes:
This is specific to mathematics and ELA courses.
Not meeting college readiness standards is automatically indicated if the student fails an EOC exam.

34. College Preparatory Courses
Effective (with courses to be provided no later than )
High school faculty and IHE faculty must meet regularly as necessary to ensure courses are aligned with college readiness expectations.
Authority is given to Commissioner to adopt rules governing this.
HB 5, Section 10 (TEC (c)); LBB p. 115

35. College Preparatory Courses
Effective
College prep courses must be in place.
These courses are to be provided at the high school or through distance learning/online and may count as an advanced ELA or math course under foundation program, or a dual credit course.
HB 5, Section 10 (TEC ); LBB p. 115
Notes:
Not meeting college readiness standards is automatically indicated if the student fails an EOC exam.

36. College Preparatory Courses
Effective
College Preparatory Courses:
May be offered for dual credit (at the discretion of the IHE)
Provide TSI exemption with IHE partner
Section (f) (adds); LBB p. 115

37. College Preparatory Courses
Effective (with courses to be provided no later than )
Districts must provide notice to eligible students and parents regarding benefits of enrolling in these courses
HB 5, Section 10 (TEC (d)); LBB p. 115
Eligible students:
Students at the 12th grade level whose performance on:
An EOC does not meet college readiness; or
Coursework, a college entrance exam, or exam under Section (c) – “IHE – Success Initiative – possibly college readiness tests? – indicates the student is not ready to perform entry-level college coursework.

38. College Preparatory Courses
Mathematics courses:
May be allowed to count as an Advanced Math under the Foundation Program
May be offered for dual credit (at the discretion of the IHE)
Districts must offer Algebra II to each student (effective ).
Section 8, (c) (amends) Algebra 2; LBB p. 54
IMA funds can be used to purchase materials for these courses. It is currently unclear if this section applies to ELA as well as math or only math.

39. Notes
Special Education Rules regarding graduation (19 TAC § ) will have to be updated by TEA to align with new graduation requirements.

40. Counseling Regarding Postsecondary Education
Effective
Elementary, middle school, or junior high school: School counselors must advise students and parents of the importance of postsecondary education.
High school: Counselors must annually provide information about postsecondary education, including advantages of earning an endorsement, performance acknowledgment, and distinguished level of achievement to the student and parent.
HB 5, Section 29-30; LBB p. 96

41. Personal Graduation Plans: Junior High/Middle School
Effective
PGPs must be developed for students who are identified as being at-risk of not completing a high school diploma before the fifth year after entering 9th grade and for students who did not pass a state assessment.
HB 5, Section 13 (TEC ); LBB p. 63

42. Personal Graduation Plans: Junior High/Middle School
Principal must designate a counselor, teacher, or other appropriate individual to develop and administer PGPs.
PGPs must be transmitted electronically through TREx.
HB 5, Section 13 (TEC ); LBB p. 63

43. Personal Graduation Plans: High School
Effective
Universal PGPs must be developed for all high school students.
PGPs must be transmitted through TREx.
High School PGPs HB 5, Section 14 (TEC ); LBB p. 63

44. Personal Graduation Plans: High School
High School Principal must designate a school counselor or school administrator to review PGP options with each student entering 9th grade together with the parent.
PGP must be signed by student and parent before the end of the school year.
Students may amend their PGP but written notice of the amendment must be sent to the parents.
High School PGPs HB 5, Section 14 (TEC ); LBB p. 63
The new PGP will also be required to specifically identify a course of study (existing PGP requirement does not specifically require a course of study).

45. Personal Graduation Plans: High School
Notice to Parents
State-developed document explaining advantages of Endorsements and Distinguished Level of Achievement
Benefits of choosing a PGP that includes Distinguished Achievement and Endorsements in order to be eligible for automatic (top 10%) admission
Encourages parents to have the student choose this PGP
High School PGPs HB 5, Section 14 (TEC ); LBB p. 63

46. Personal Graduation Plan: High School
Notice to Parents
Districts must publish the information in this document on their website and ensure it is available to students and parents in grades 9 and above in the language in which they are most proficient
Note: State document will be available in English and Spanish
District must provide translation to other languages only if at least 20 students in a grade level primarily speak a different language
High School PGPs HB 5, Section 14 (TEC ); LBB p. 63

47. Assessment Implications

48. Testing Procedures
TEA testing procedures and district implementation of the procedures must minimize disruptions to school operations and the classroom environment.
Section 39, TEC ; LBB p. 119

49. Grades 3-8
Testing will generally continue as is.

50. EOC Exams Effective Immediately 5 required EOC exams
English I & English II
Reading and Writing combined by Spring 2014
Algebra I
U.S. History
Biology
Spring 2016
2 optional EOC exams administered
Algebra II
English III
Applies to students who enter grade 9 in and thereafter
HB 5, Section 79; LBB p. 114 (second paragraph)
HB 5, Section 32, 24 (LBB p. 111) address things that Algebra II and English III EOCs cannot be used for such as teacher evaluations, etc.

51. Transition Period TEA News Release (August 2, 2013)
Proposed flexibility for students graduating in 2015 and 2016
Pass one assessment (either Reading or Writing);
Meet at least the minimum score on the other; and
Achieve a combined scale score of 3750.
TEA News Release August 2, 2013

52. Above Grade Level Testing
Effective
Students enrolled in above grade-level courses that have an associated EOC will need to take the EOC and the enrolled grade level assessment.
Section 31 TEC (a-2); LBB p. 104
This is due to federal requirements that students MUST take their enrolled grade level assessment.

53. EOC Scores Effective 2013-2014 Eliminates:
Cumulative score
Minimum score
15% rule
Disallows use of EOC scores in determining class rank
LBB p. 113
HB 5, Section 35 (TEC (a)) eliminates cumulative scores; Section 31 (TEC (c)) eliminates 15% rule – aligns with MSHP, RHSP, and DAP
Section 36 language aligns with Foundation Program
Class Rank use disallowed in Section 32 ( (b)) and on college readiness instruments (English III/Algebra II) in Section 34 ( (f)(2))

54. EOC Scores
Effective
All EOC scores must be converted to a 100 point scale score.
Must not be used in calculation of class rank
Must not be used as the sole admission requirement to IHE
LBB p. 113
Section 35 ( (a)) aligns language with MHSP, RHSP, DAP
Section 36 ( (a)) aligns language with Foundation Program

55. Retaking EOCs Effective 2013-2014
A student who fails an EOC may retake the EOC.
Does not have to retake the course in order to retake the EOC
Section 35, TEC (b), (b-2); LBB p. 113
Previously it was a “must” retake; indications are that the language was changed from “must” to “may” because of ARD committee ability to say a student who receives special education services does not have to retake a test

56. Unlikely to Pass EOC Effective 2013-2014
If a student is determined unlikely to pass an EOC at the end of 11th grade, the district must enroll the student in a college prep course.
Section 35, TEC (b), (b-2); LBB p. 113

57. EOCs as a Graduation Requirement
Effective
For a student who receives special education services, the ARD Committee must determine whether satisfactory performance is required for graduation.
Section 35, TEC (a-4); LBB p. 113
This is in current Special Education Commissioners Rule (19 TAC ); under current rule if an ARD committee chooses to do this, the student can only graduate under the MHSP. We will have to wait for updated Commissioner Rules to see if there are graduation implications of this decision now that it is in state law.

58. EOC Alternative Assessments
Effective
AP, IB, SAT, SAT Subject test, ACT, THECB-designated assessments, other norm-referenced tests used to award college credit can all potentially satisfy EOC test requirements.
PSAT, ACT-Plan can also potentially be alternate (but can only “attempt” once)
Commissioner Rules are required to be adopted by October 1, 2013.
Section 35; LBB p. 113 (Section 80 has the October 1 deadline for Commissioner Rules)
Commissioner’s Rules will determine the scores required for these assessments
Notes: For bullet 1 – AP, IB, SAT, etc. – if students do not meet the required score, the student will be able to retake the test or the EOC; if they do not meet the score on PSAT or ACT-Plan they can only take it one time – if they do not pass it one time, then they must take the associated EOC instead of the retaking PSAT, ACT-Plan.

59. TSI to Satisfy EOC Effective 2013-2014
A student enrolled in a college prep course who meets the TSI college readiness benchmark satisfies the applicable EOC. It is unclear at this time to which EOC assessments this would apply to.
Section 35 (TEC (a-1)); LBB p. 113

60. Test Release Effective 2013-2014
TEA each year must release the questions and answer keys to each assessment instrument administered (does not apply to retests)
State must turn-around scores 21 days after the date the assessment was administered.
Teachers must be notified of the results of the students they taught.
HB 5, Section 31; LBB p. 104
39.023(e) (amends), (e-1), (e-2), and (e-3) (adds)

61. Student Population/ Group: ELL
Effective Immediately
Applies regardless of the date the student was initially enrolled
ELL Students must be enrolled for 60 consecutive days in order for the year to count for the purpose of determining a number of years required for assessment.
Section 38, 81- specifies that Section 38 applies regardless of when student first enrolled; requires Commissioner Rules
(a-2); LBB p. 117
Prior to HB 5, the student could be enrolled for a single day and it counted as enrollment that year.

62. Student Population/Group: Students who Receive Special Education Services
Effective
Alternative assessments for students who receive special education services must include assessments approved by the Commissioner that measure growth, and, must, to the extent allowed under federal law, provide districts with options for the assessment of these students.
Section 31 (TEC (b)); LBB p. 104
This is specific to students whose ARD committee determine that the “regular” assessment, even with allowable accommodations, is not an appropriate measure of student achievement. The language that was added was about including assessments that measure growth and provide options.

63. Student Population/ Group: STAAR Alternate
Must be redeveloped during and the redevelopment cannot require the teacher to prepare tasks or materials
STAAR Alternate will stay as is ; and
New STAAR Alternate must be administered no later than
Section 31; TEC (b-1); LBB p. 104

64. Student Population/ Group: STAAR Modified
Note: Not part of HB 5
TEA News Release August 2, 2013
will be the last year that STAAR Modified will be administered.
More information to be forthcoming from TEA…
This is NOT a provision in HB 5, but is addressed in the TEA News Release dated August 2, 2013
Under the paragraph titled “THE STAAR MODIFIED PROGRAM”
“The USDE has informed states that assessments based on modified standards for students served by special education cannot be used for accountability purposes after the school year. Therefore, all STAAR Modified assessments will be administered for the final time during the assessment cycle. Further information regarding plans for the inclusion of this population of students in the general assessment program beginning with the school year will be forthcoming.”

65. Pull Outs
Effective
Board Policy must limit and strictly enforce the removal of students from class for remedial tutoring or test preparation, if, as a result of the removal, the student would miss more than 10% of the school days on which the class is offered.
Parents may provide written consent to allow more than 10% removal.
HB, Section 5 (TEC ); LBB p. 44
Notes: The law already required Board Policy to allow for minimal disruptions; however, the piece regarding 10% is new.

66. Accelerated Instruction
Effective Immediately
Accelerated instruction:
Must be provided each time any student fails a state assessment;
May require participation of the student at times outside of normal school hours/days;
Must provide transportation if outside the school day;
Must be free; and
Must be administered prior to the next scheduled assessment.
HB 5, Section 15 ( ) ; LBB p. 19
Provision that it must be free is in HB 5, Section 20 ( (b-1))

67. Benchmarks Effective 2013-2014
No more than 2 benchmarks can be administered per corresponding state test.
A district benchmark is a district required benchmark assessment instrument designed to prepare students for a corresponding state-administered assessment instrument.
The statue specifically excludes College Prep exams and classrooms teacher exams.
Students with special needs: In accordance with Commissioners Rule, a parent may request additional benchmarks be administered for their child.
(adds) HB 5 Section 37; LBB p. 117
The Commissioners Rule regarding this is not yet adopted.

68. District Self-Evaluations
Other Provisions
District Self-Evaluations

69. District Evaluation of Performance
Effective
District must evaluate its performance and the performance of each campus in:
Community and student engagement; and compliance.
District must assign itself and each campus a rating of:
Exemplary; Recognized; Acceptable; or Unacceptable.
HB 5, Section 46 (TEC ); LBB p. 125

70. District Evaluation of Performance
The district must evaluate (at each campus):
Fine arts;
Wellness and physical education;
Community and parental involvement;
The 21st Century Workforce Development program;
The second language acquisition program;
The digital learning environment;
Dropout prevention strategies; and
Educational programs for GT students.
HB 5, Section 46 (TEC ); LBB p. 125
Examples in statute of community and parental involvement read “such as” opportunities for parents to assist students in preparing for state assessments, tutoring programs that support students taking state assessments, and opportunities for students to participate in community service projects

71. District Evaluation of Performance
The district must also evaluate (by district and by each campus) the compliance record regarding statutory reporting and Policy requirements.
HB 5, Section 46 (TEC ); LBB p. 125

72. District Evaluation of Performance
The district must use criteria developed by a local committee in completing this evaluation.
HB 5, Section 46 (TEC ); LBB p. 125

73. District Evaluation of Performance
No later than August 8 of each year, the district must report each performance rating to TEA and make each available locally (in accordance with Commissioner Rules).
HB 5, Section 46 (TEC ); LBB p. 125
Commissioner Rules are not yet adopted

74. Accelerated Instruction for EOCs: Evaluation
Effective
District must evaluate the effectiveness of the EOC Accelerated Instruction program(s)
A public hearing must be held to consider the results of this evaluation
HB 5, Section 20 ( (b-3)); LBB p. 61

75. Financial Implications
Other Provisions
Financial Implications

76. On-Site Investigations
Effective Immediately
When implementing the recommendations from an on-site investigation, districts are required to make a reasonable effort to seek third party assistance in developing an action plan to improve district performance using improvement techniques that are goal-oriented and research based.
Section 47 (TEC (f))

77. Accelerated Instruction for EOCs: Budgeting
Effective Immediately
Districts must budget separately the specific funds, including comp ed funds, to be used for EOC accelerated instruction and cannot budget comp ed funds for any other purpose until they have done this.
HB 5, Section 20 (TEC (b-2)); LBB p. 61

78. Instructional Materials Allotment
Effective Immediately
TEA must notify districts of estimated IMA as early as practicable
TEA may allow districts to order materials before the beginning of the fiscal year and receive the materials before payment (cost limitations exist)
Commissioner is given the authority to adopt rules governing this
Section 27, TEC ; LBB p. 94

79. CTE Certification Exams
Effective
Removal of barriers to student subsidy for CTE certification exams
Districts can pay the fee and be reimbursed.
Section 23 (TEC (a) & (c)); LBB p. 83

80. Science Lab Grants Effective 2014-2015
Districts must demonstrate that the existing science labs are insufficient in number to comply with the curriculum requirements for Distinguished Level of Achievement.
Section 2, TEC (e)(2)
Basically just a change in language from demonstrating that existing labs are insufficient in number to comply with RHSP and DAP to the new distinguished level of achievement

81. Reporting Implications
Other Provisions
Reporting Implications

82. At-Risk Identification
Effective Immediately
Students can be identified as being at risk through age 26.
Section 20; (d); LBB p. 61
This does not circumvent IDEA 2004 Requirements. Students with a disability can be served up to age 21 and receive funding.
Therefore, if a child with a disability and identified as at-risk comes back they are served as an at-risk student and not through special education.

83. 90% Attendance Effective 2013-2014
A student cannot receive course credit or a final grade in a course without 90% attendance.
Applies to K-12
HB 5, Section 6,7 (TEC ); LBB p. 44
Notes: Prior to this, 90% impacted course credit, and, therefore, applied primarily at the high school level. The law was amended to include final grade along with course credit and now specifies that it applies in K-12.

84. Dropouts
Effective
The Commissioner must exclude students who were previously reported as dropouts who reenroll and drop out again.
Section 42 (TEC (c-2)); LBB p. 21

85. PEIMS Reporting Effective 2014-2015
Report the number of students who were:
Enrolled in Foundation High School Program
Pursuing Distinguished Level of Achievement
Enrolled in a program to earn an endorsement
Information disaggregated by all student groups
Section 16, TEC (e-2), (e-3); LBB p. 66
(e-3) “Information must be …disaggregated by all student groups served by the district, including categories of race, ethnicity, socioeconomic status, sex, and populations served by special programs, including students in special education programs…”

86. Resources Moak, Casey & Associates
Texas Association of School Boards (TASB)
Texas Education Agency (TEA)
Texas Association of School Administrators (TASA)
These are resources we used to create this presentation, in addition to HB 5 itself.