81R7532 JRJ-D
By: Gallego H.B. No. 3586
A BILL TO BE ENTITLED
AN ACT
relating to the Texas Academy of Fine Arts, Culture, and Sciences at
Sul Ross State University.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 96, Education Code, is
amended by adding Section 96.03 to read as follows:
Sec. 96.03. TEXAS ACADEMY OF FINE ARTS, CULTURE, AND
SCIENCES. (a) In this section:
(1) "Academy" means the Texas Academy of Fine Arts,
Culture, and Sciences.
(2) "Board" means the board of regents of the Texas
State University System.
(3) "University" means Sul Ross State University.
(b) The Texas Academy of Fine Arts, Culture, and Sciences is
a division of Sul Ross State University and is under the management
and control of the board. The academy serves the following
purposes:
(1) to provide academically gifted and highly
motivated junior and senior high school students with a challenging
university-level curriculum that:
(A) allows students to complete high school
graduation requirements, including requirements adopted under
Section 28.025 for the advanced high school program, while
attending for academic credit a public institution of higher
education;
(B) fosters students' knowledge of the fine arts,
culture, and sciences and teaches students to apply critical
thinking and problem-solving skills to those subjects;
(C) is presented through an interdisciplinary
approach that introduces and develops appropriate intellectual
concepts throughout the curriculum; and
(D) offers students learning opportunities
related to the fine arts, culture, and sciences through in-depth
research and field-based studies;
(2) to provide students with an awareness of career
and professional development opportunities in the fine arts,
culture, and sciences through seminars, workshops, collaboration
with postsecondary students from other countries, summer academic
internships, and similar methods; and
(3) to provide students with social development
activities that enrich the academic curriculum and student life,
including, as determined appropriate by the academy, University
Interscholastic League activities and other extracurricular
activities generally offered by public high schools.
(c) The academy is a residential, coeducational institution
for selected Texas high school students with an interest and the
potential to excel in the fine arts, culture, and sciences. The
academy shall admit only high school juniors and seniors, except
that the academy may admit a student with exceptional abilities who
is not yet a high school junior. The board shall set aside adequate
space on the university campus to operate the academy and implement
the purposes of this section. The academy must operate on the same
fall and spring semester basis as the university. Full-time
students of the academy must enroll for both the fall and spring
semesters. Faculty members of the university shall teach all
academic classes at the academy. A student of the academy may be
permitted to attend a college course offered by the university and
receive college credit for that course.
(d) Except as otherwise provided by this subsection, the
university administration has the same powers and duties with
respect to the academy that the administration has with respect to
the university. The board shall consult with the university's
department of education and members of the administration as the
board considers necessary concerning the academy's administrative
design and support, personnel and student issues, and faculty
development. The board shall consult with appropriate deans and
other members of the administration as the board considers
necessary concerning the academy's curriculum development, program
design, and general faculty issues. The board, in consultation
with university administration, shall:
(1) establish an internal management system for the
academy and appoint an academy principal who serves at the will of
the board and reports to the university provost;
(2) provide for one or more academy counselors;
(3) establish for the academy a site-based
decision-making process similar to the process required by
Subchapter F, Chapter 11, that provides for the participation of
academy faculty, parents of academy students, and other members of
the community; and
(4) establish an admissions process for the academy.
(e) The student-teacher ratio in all regular academic
classes at the academy may not exceed 30 students for each classroom
teacher, except that the student-teacher ratio may exceed that
limit:
(1) in a program provided for the purposes prescribed
by Subsection (b)(2) or another special enrichment course or in a
physical education course; or
(2) if the board determines that a class with a higher
student-teacher ratio would contribute to the educational
development of the students in the class.
(f) The academy shall provide the university-level
curriculum in a manner that is appropriate for the social,
psychological, emotional, and physical development of high school
juniors and seniors. The administrative and counseling personnel
of the academy shall provide continuous support to and supervision
of students.
(g) For each student enrolled in the academy, the academy is
entitled to allotments from the foundation school fund under
Chapter 42 as if the academy were a school district without a tier
one local share for purposes of Section 42.253. If in any academic
year the amount of the allotments under this subsection exceeds the
amount of state funds paid to the academy in the first fiscal year
of the academy's operation, the commissioner of education shall set
aside from the total amount of funds to which school districts are
entitled under Section 42.253(c) an amount equal to the excess
amount and shall distribute that amount to the academy. After
deducting the amount set aside and paid to the academy by the
commissioner of education under this subsection, the commissioner
of education shall reduce the amount to which each district is
entitled under Section 42.253(c) in the manner described by Section
42.253(h). A determination of the commissioner of education under
this subsection is final and may not be appealed.
(h) The board may use any available money, enter into
contracts, and accept grants, including matching grants, federal
grants, and grants from a corporation or other private contributor,
in establishing and operating the academy. Money spent by the
academy must further the purposes of the academy prescribed by
Subsection (b).
(i) The liability of the state under Chapters 101 and 104,
Civil Practice and Remedies Code, is limited for the academy and
employees assigned to the academy and acting on behalf of the
academy to the same extent that the liability of a school district
and an employee of the school district is limited under Sections
22.0511, 22.0512, and 22.052 of this code and Section 101.051,
Civil Practice and Remedies Code. An employee assigned to the
academy is entitled to representation by the attorney general in a
civil suit based on an action or omission of the employee in the
course of the employee's employment, limits on liability, and
indemnity under Chapters 104 and 108, Civil Practice and Remedies
Code.
(j) Except as otherwise provided by this section, the
academy is not subject to the provisions of this code, or to the
rules of the Texas Education Agency, regulating public schools.
SECTION 2. Section 25.086(a), Education Code, is amended to
read as follows:
(a) A child is exempt from the requirements of compulsory
school attendance if the child:
(1) attends a private or parochial school that
includes in its course a study of good citizenship;
(2) is eligible to participate in a school district's
special education program under Section 29.003 and cannot be
appropriately served by the resident district;
(3) has a physical or mental condition of a temporary
and remediable nature that makes the child's attendance infeasible
and holds a certificate from a qualified physician specifying the
temporary condition, indicating the treatment prescribed to remedy
the temporary condition, and covering the anticipated period of the
child's absence from school for the purpose of receiving and
recuperating from that remedial treatment;
(4) is expelled in accordance with the requirements of
law in a school district that does not participate in a mandatory
juvenile justice alternative education program under Section
37.011;
(5) is at least 17 years of age and:
(A) is attending a course of instruction to
prepare for the high school equivalency examination, and:
(i) has the permission of the child's parent
or guardian to attend the course;
(ii) is required by court order to attend
the course;
(iii) has established a residence separate
and apart from the child's parent, guardian, or other person having
lawful control of the child; or
(iv) is homeless as defined by 42 U.S.C.
Section 11302; or
(B) has received a high school diploma or high
school equivalency certificate;
(6) is at least 16 years of age and is attending a
course of instruction to prepare for the high school equivalency
examination, if:
(A) the child is recommended to take the course
of instruction by a public agency that has supervision or custody of
the child under a court order; or
(B) the child is enrolled in a Job Corps training
program under the Workforce Investment Act of 1998 (29 U.S.C.
Section 2801 et seq.);
(7) is at least 16 years of age and is enrolled in a
high school diploma program under Chapter 18;
(8) is enrolled in the Texas Academy of Mathematics
and Science under Subchapter G, Chapter 105;
(9) is enrolled in the Texas Academy of Leadership in
the Humanities;
(10) is enrolled in the Texas Academy of Mathematics
and Science at The University of Texas at Brownsville;
(11) is enrolled in the Texas Academy of International
Studies; [or]
(12) is enrolled in the Texas Academy of Fine Arts,
Culture, and Sciences at Sul Ross State University; or
(13) is specifically exempted under another law.
SECTION 3. Section 28.024, Education Code, is amended to
read as follows:
Sec. 28.024. CREDIT FOR ENROLLMENT IN CERTAIN ACADEMIES. A
school district shall grant to a student credit toward the academic
course requirements for high school graduation, up to a maximum of
two years of credit, for courses the student successfully completes
at:
(1) the Texas Academy of Leadership in the Humanities
under Section 96.707;
(2) the Texas Academy of Mathematics and Science under
Subchapter G, Chapter 105;
(3) the Texas Academy of Mathematics and Science under
Section 78.10; [or]
(4) the Texas Academy of International Studies under
Section 87.505; or
(5) the Texas Academy of Fine Arts, Culture, and
Sciences under Section 96.03.
SECTION 4. 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, 2009.