Texas 2009 - 81st Regular

Texas House Bill HB3586 Compare Versions

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1	1	81R7532 JRJ-D
2	2	By: Gallego H.B. No. 3586
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Texas Academy of Fine Arts, Culture, and Sciences at
8	8	Sul Ross State University.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 96, Education Code, is
11	11	amended by adding Section 96.03 to read as follows:
12	12	Sec. 96.03. TEXAS ACADEMY OF FINE ARTS, CULTURE, AND
13	13	SCIENCES. (a) In this section:
14	14	(1) "Academy" means the Texas Academy of Fine Arts,
15	15	Culture, and Sciences.
16	16	(2) "Board" means the board of regents of the Texas
17	17	State University System.
18	18	(3) "University" means Sul Ross State University.
19	19	(b) The Texas Academy of Fine Arts, Culture, and Sciences is
20	20	a division of Sul Ross State University and is under the management
21	21	and control of the board. The academy serves the following
22	22	purposes:
23	23	(1) to provide academically gifted and highly
24	24	motivated junior and senior high school students with a challenging
25	25	university-level curriculum that:
26	26	(A) allows students to complete high school
27	27	graduation requirements, including requirements adopted under
28	28	Section 28.025 for the advanced high school program, while
29	29	attending for academic credit a public institution of higher
30	30	education;
31	31	(B) fosters students' knowledge of the fine arts,
32	32	culture, and sciences and teaches students to apply critical
33	33	thinking and problem-solving skills to those subjects;
34	34	(C) is presented through an interdisciplinary
35	35	approach that introduces and develops appropriate intellectual
36	36	concepts throughout the curriculum; and
37	37	(D) offers students learning opportunities
38	38	related to the fine arts, culture, and sciences through in-depth
39	39	research and field-based studies;
40	40	(2) to provide students with an awareness of career
41	41	and professional development opportunities in the fine arts,
42	42	culture, and sciences through seminars, workshops, collaboration
43	43	with postsecondary students from other countries, summer academic
44	44	internships, and similar methods; and
45	45	(3) to provide students with social development
46	46	activities that enrich the academic curriculum and student life,
47	47	including, as determined appropriate by the academy, University
48	48	Interscholastic League activities and other extracurricular
49	49	activities generally offered by public high schools.
50	50	(c) The academy is a residential, coeducational institution
51	51	for selected Texas high school students with an interest and the
52	52	potential to excel in the fine arts, culture, and sciences. The
53	53	academy shall admit only high school juniors and seniors, except
54	54	that the academy may admit a student with exceptional abilities who
55	55	is not yet a high school junior. The board shall set aside adequate
56	56	space on the university campus to operate the academy and implement
57	57	the purposes of this section. The academy must operate on the same
58	58	fall and spring semester basis as the university. Full-time
59	59	students of the academy must enroll for both the fall and spring
60	60	semesters. Faculty members of the university shall teach all
61	61	academic classes at the academy. A student of the academy may be
62	62	permitted to attend a college course offered by the university and
63	63	receive college credit for that course.
64	64	(d) Except as otherwise provided by this subsection, the
65	65	university administration has the same powers and duties with
66	66	respect to the academy that the administration has with respect to
67	67	the university. The board shall consult with the university's
68	68	department of education and members of the administration as the
69	69	board considers necessary concerning the academy's administrative
70	70	design and support, personnel and student issues, and faculty
71	71	development. The board shall consult with appropriate deans and
72	72	other members of the administration as the board considers
73	73	necessary concerning the academy's curriculum development, program
74	74	design, and general faculty issues. The board, in consultation
75	75	with university administration, shall:
76	76	(1) establish an internal management system for the
77	77	academy and appoint an academy principal who serves at the will of
78	78	the board and reports to the university provost;
79	79	(2) provide for one or more academy counselors;
80	80	(3) establish for the academy a site-based
81	81	decision-making process similar to the process required by
82	82	Subchapter F, Chapter 11, that provides for the participation of
83	83	academy faculty, parents of academy students, and other members of
84	84	the community; and
85	85	(4) establish an admissions process for the academy.
86	86	(e) The student-teacher ratio in all regular academic
87	87	classes at the academy may not exceed 30 students for each classroom
88	88	teacher, except that the student-teacher ratio may exceed that
89	89	limit:
90	90	(1) in a program provided for the purposes prescribed
91	91	by Subsection (b)(2) or another special enrichment course or in a
92	92	physical education course; or
93	93	(2) if the board determines that a class with a higher
94	94	student-teacher ratio would contribute to the educational
95	95	development of the students in the class.
96	96	(f) The academy shall provide the university-level
97	97	curriculum in a manner that is appropriate for the social,
98	98	psychological, emotional, and physical development of high school
99	99	juniors and seniors. The administrative and counseling personnel
100	100	of the academy shall provide continuous support to and supervision
101	101	of students.
102	102	(g) For each student enrolled in the academy, the academy is
103	103	entitled to allotments from the foundation school fund under
104	104	Chapter 42 as if the academy were a school district without a tier
105	105	one local share for purposes of Section 42.253. If in any academic
106	106	year the amount of the allotments under this subsection exceeds the
107	107	amount of state funds paid to the academy in the first fiscal year
108	108	of the academy's operation, the commissioner of education shall set
109	109	aside from the total amount of funds to which school districts are
110	110	entitled under Section 42.253(c) an amount equal to the excess
111	111	amount and shall distribute that amount to the academy. After
112	112	deducting the amount set aside and paid to the academy by the
113	113	commissioner of education under this subsection, the commissioner
114	114	of education shall reduce the amount to which each district is
115	115	entitled under Section 42.253(c) in the manner described by Section
116	116	42.253(h). A determination of the commissioner of education under
117	117	this subsection is final and may not be appealed.
118	118	(h) The board may use any available money, enter into
119	119	contracts, and accept grants, including matching grants, federal
120	120	grants, and grants from a corporation or other private contributor,
121	121	in establishing and operating the academy. Money spent by the
122	122	academy must further the purposes of the academy prescribed by
123	123	Subsection (b).
124	124	(i) The liability of the state under Chapters 101 and 104,
125	125	Civil Practice and Remedies Code, is limited for the academy and
126	126	employees assigned to the academy and acting on behalf of the
127	127	academy to the same extent that the liability of a school district
128	128	and an employee of the school district is limited under Sections
129	129	22.0511, 22.0512, and 22.052 of this code and Section 101.051,
130	130	Civil Practice and Remedies Code. An employee assigned to the
131	131	academy is entitled to representation by the attorney general in a
132	132	civil suit based on an action or omission of the employee in the
133	133	course of the employee's employment, limits on liability, and
134	134	indemnity under Chapters 104 and 108, Civil Practice and Remedies
135	135	Code.
136	136	(j) Except as otherwise provided by this section, the
137	137	academy is not subject to the provisions of this code, or to the
138	138	rules of the Texas Education Agency, regulating public schools.
139	139	SECTION 2. Section 25.086(a), Education Code, is amended to
140	140	read as follows:
141	141	(a) A child is exempt from the requirements of compulsory
142	142	school attendance if the child:
143	143	(1) attends a private or parochial school that
144	144	includes in its course a study of good citizenship;
145	145	(2) is eligible to participate in a school district's
146	146	special education program under Section 29.003 and cannot be
147	147	appropriately served by the resident district;
148	148	(3) has a physical or mental condition of a temporary
149	149	and remediable nature that makes the child's attendance infeasible
150	150	and holds a certificate from a qualified physician specifying the
151	151	temporary condition, indicating the treatment prescribed to remedy
152	152	the temporary condition, and covering the anticipated period of the
153	153	child's absence from school for the purpose of receiving and
154	154	recuperating from that remedial treatment;
155	155	(4) is expelled in accordance with the requirements of
156	156	law in a school district that does not participate in a mandatory
157	157	juvenile justice alternative education program under Section
158	158	37.011;
159	159	(5) is at least 17 years of age and:
160	160	(A) is attending a course of instruction to
161	161	prepare for the high school equivalency examination, and:
162	162	(i) has the permission of the child's parent
163	163	or guardian to attend the course;
164	164	(ii) is required by court order to attend
165	165	the course;
166	166	(iii) has established a residence separate
167	167	and apart from the child's parent, guardian, or other person having
168	168	lawful control of the child; or
169	169	(iv) is homeless as defined by 42 U.S.C.
170	170	Section 11302; or
171	171	(B) has received a high school diploma or high
172	172	school equivalency certificate;
173	173	(6) is at least 16 years of age and is attending a
174	174	course of instruction to prepare for the high school equivalency
175	175	examination, if:
176	176	(A) the child is recommended to take the course
177	177	of instruction by a public agency that has supervision or custody of
178	178	the child under a court order; or
179	179	(B) the child is enrolled in a Job Corps training
180	180	program under the Workforce Investment Act of 1998 (29 U.S.C.
181	181	Section 2801 et seq.);
182	182	(7) is at least 16 years of age and is enrolled in a
183	183	high school diploma program under Chapter 18;
184	184	(8) is enrolled in the Texas Academy of Mathematics
185	185	and Science under Subchapter G, Chapter 105;
186	186	(9) is enrolled in the Texas Academy of Leadership in
187	187	the Humanities;
188	188	(10) is enrolled in the Texas Academy of Mathematics
189	189	and Science at The University of Texas at Brownsville;
190	190	(11) is enrolled in the Texas Academy of International
191	191	Studies; [or]
192	192	(12) is enrolled in the Texas Academy of Fine Arts,
193	193	Culture, and Sciences at Sul Ross State University; or
194	194	(13) is specifically exempted under another law.
195	195	SECTION 3. Section 28.024, Education Code, is amended to
196	196	read as follows:
197	197	Sec. 28.024. CREDIT FOR ENROLLMENT IN CERTAIN ACADEMIES. A
198	198	school district shall grant to a student credit toward the academic
199	199	course requirements for high school graduation, up to a maximum of
200	200	two years of credit, for courses the student successfully completes
201	201	at:
202	202	(1) the Texas Academy of Leadership in the Humanities
203	203	under Section 96.707;
204	204	(2) the Texas Academy of Mathematics and Science under
205	205	Subchapter G, Chapter 105;
206	206	(3) the Texas Academy of Mathematics and Science under
207	207	Section 78.10; [or]
208	208	(4) the Texas Academy of International Studies under
209	209	Section 87.505; or
210	210	(5) the Texas Academy of Fine Arts, Culture, and
211	211	Sciences under Section 96.03.
212	212	SECTION 4. This Act takes effect immediately if it receives
213	213	a vote of two-thirds of all the members elected to each house, as
214	214	provided by Section 39, Article III, Texas Constitution. If this
215	215	Act does not receive the vote necessary for immediate effect, this
216	216	Act takes effect September 1, 2009.