81R12580 PAM/EAH-D
By: Shapiro S.B. No. 3
A BILL TO BE ENTITLED
AN ACT
relating to public school accountability, curriculum, and
promotion requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 7.056(e) and (f), Education Code, are
amended to read as follows:
(e) Except as provided by Subsection (f), a school campus or
district may not receive an exemption or waiver under this section
from:
(1) a prohibition on conduct that constitutes a
criminal offense;
(2) a requirement imposed by federal law or rule,
including a requirement for special education or bilingual
education programs; or
(3) a requirement, restriction, or prohibition
relating to:
(A) curriculum essential knowledge or skills
under Section 28.002 or high school [minimum] graduation
requirements under Section 28.025;
(B) public school accountability as provided by
Subchapters B, C, D, E, and J [G], Chapter 39;
(C) extracurricular activities under Section
33.081 or participation in a University Interscholastic League
area, regional, or state competition under Section 33.0812;
(D) health and safety under Chapter 38;
(E) purchasing under Subchapter B, Chapter 44;
(F) elementary school class size limits, except
as provided by Section 25.112;
(G) removal of a disruptive student from the
classroom under Subchapter A, Chapter 37;
(H) at-risk programs under Subchapter C, Chapter
29;
(I) prekindergarten programs under Subchapter E,
Chapter 29;
(J) educator rights and benefits under
Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter
A, Chapter 22;
(K) special education programs under Subchapter
A, Chapter 29;
(L) bilingual education programs under
Subchapter B, Chapter 29; or
(M) the requirements for the first day of
instruction under Section 25.0811.
(f) A school district or campus that is required to develop
and implement a student achievement improvement plan under Section
39.101 [39.131] or 39.102 [39.132] may receive an exemption or
waiver under this section from any law or rule other than:
(1) a prohibition on conduct that constitutes a
criminal offense;
(2) a requirement imposed by federal law or rule;
(3) a requirement, restriction, or prohibition
imposed by state law or rule relating to:
(A) public school accountability as provided by
Subchapters B, C, D, E, and J [G], Chapter 39; or
(B) educator rights and benefits under
Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter
A, Chapter 22; or
(4) textbook selection under Chapter 31.
SECTION 2. Section 7.062(e), Education Code, is amended to
read as follows:
(e) The rules must:
(1) limit the amount of assistance provided through a
grant to not more than:
(A) for a construction project, $200 per square
foot of the science laboratory to be constructed; or
(B) for a renovation project, $100 per square
foot of the science laboratory to be renovated;
(2) require a school district to demonstrate, as a
condition of eligibility for a grant, that the existing district
science laboratories are insufficient in number to comply with the
curriculum requirements imposed for the Texas Diploma
[recommended] and advanced high school programs under Section
28.025(b-1)(1); and
(3) provide for ranking school districts that apply
for grants on the basis of wealth per student and giving priority in
the award of grants to districts with low wealth per student.
SECTION 3. Section 12.104(b), Education Code, is amended to
read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense; and
(2) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) reading instruments and accelerated reading
instruction programs under Section 28.006;
(D) [satisfactory performance on assessment
instruments and to] accelerated instruction under Section 28.0211;
(E) high school graduation requirements under
Section 28.025;
(F) special education programs under Subchapter
A, Chapter 29;
(G) bilingual education under Subchapter B,
Chapter 29;
(H) prekindergarten programs under Subchapter E,
Chapter 29;
(I) extracurricular activities under Section
33.081;
(J) discipline management practices or behavior
management techniques under Section 37.0021;
(K) health and safety under Chapter 38;
(L) public school accountability under
Subchapters B, C, D, E, and J [G], Chapter 39;
(M) the requirement under Section 21.006 to
report an educator's misconduct; and
(N) intensive programs of instruction under
Section 28.0213.
SECTION 4. Section 28.002, Education Code, is amended by
adding Subsections (c-1) and (c-2) to read as follows:
(c-1) The State Board of Education shall adopt rules to
allow courses offered in the foundation curriculum or the
enrichment curriculum to simultaneously satisfy, to the extent
practicable, more than one required credit for the standard, Texas
Diploma, or advanced high school program in which the student is
participating.
(c-2) The State Board of Education shall adopt rules to
authorize each school district to implement a program under which
students in middle or junior high school may earn credits toward
high school graduation in middle or junior high school for any
course determined by board rule to qualify as a high school
equivalent course.
SECTION 5. Section 28.014(b), Education Code, is amended to
read as follows:
(b) A student who successfully completes a course developed
under this section may use the credit earned in the course toward
satisfying the applicable mathematics or science curriculum
requirement for the Texas Diploma [recommended] or advanced high
school program under Section 28.025.
SECTION 6. The heading to Section 28.0211, Education Code,
is amended to read as follows:
Sec. 28.0211. STUDENT ADVANCEMENT DETERMINATION;
[SATISFACTORY] PERFORMANCE ON ASSESSMENT INSTRUMENTS [REQUIRED];
ACCELERATED INSTRUCTION.
SECTION 7. Section 28.0211, Education Code, is amended by
amending Subsections (a), (b), (c), (d), (e), (f), (g), and (i) and
adding Subsections (c-1), (d-1), (d-2), and (d-3) to read as
follows:
(a) Not later than the first day of the school year, a school
district shall determine the requirements for student advancement
from one grade level to the next. In determining whether a student
may be promoted to the next grade level, the district shall
consider:
(1) the student's score on an assessment instrument
administered under Section 39.023(a), (b), or (l);
(2) the recommendation of the student's teacher;
(3) the student's grade in each subject or course; and
(4) any other necessary information, as determined by
the district. [Except as provided by Subsection (b) or (e), a
student may not be promoted to:
[(1) the fourth grade program to which the student
would otherwise be assigned if the student does not perform
satisfactorily on the third grade reading assessment instrument
under Section 39.023;
[(2) the sixth grade program to which the student
would otherwise be assigned if the student does not perform
satisfactorily on the fifth grade mathematics and reading
assessment instruments under Section 39.023; or
[(3) the ninth grade program to which the student
would otherwise be assigned if the student does not perform
satisfactorily on the eighth grade mathematics and reading
assessment instruments under Section 39.023.]
(b) A school district shall provide to a student who
initially fails to perform satisfactorily on the third grade
reading assessment instrument, the fifth grade mathematics and
reading assessment instruments, or the eighth grade mathematics and
reading assessment instruments under Section 39.023 an [assessment
instrument specified under Subsection (a) at least two] additional
opportunity [opportunities] to take the assessment instrument. [A
school district may administer an alternate assessment instrument
to a student who has failed an assessment instrument specified
under Subsection (a) on the previous two opportunities.
Notwithstanding any other provision of this section, a student may
be promoted if the student performs at grade level on an alternate
assessment instrument under this subsection that is appropriate for
the student's grade level and approved by the commissioner.]
(c) If [Each time] a student fails to perform satisfactorily
on a mathematics or reading [an] assessment instrument administered
[specified] under Section 39.023(a), (b), or (l) [Subsection (a)],
the school district [in which the student attends school] shall
establish [provide to the student accelerated instruction in the
applicable subject area, including reading instruction for a
student who fails to perform satisfactorily on a reading assessment
instrument. After a student fails to perform satisfactorily on an
assessment instrument a second time,] a grade placement committee
[shall be established] to prescribe the accelerated instruction the
district shall provide to the student [before the student is
administered the assessment instrument the third time]. The grade
placement committee shall be composed of the principal or the
principal's designee, the student's parent or guardian, and the
teacher of the subject of an assessment instrument on which the
student failed to perform satisfactorily. The district shall
notify the parent or guardian of the time and place for convening
the grade placement committee and the purpose of the committee. The
accelerated instruction program provided under this subsection
must be systematic and may not be based solely on assessment
instrument practice skills and:
(1) for a student in a third, fifth, or eighth grade
program:
(A) must provide for instruction in the
applicable subject area;
(B) must be approved by the student's parent or
guardian and the district; and
(C) [An accelerated instruction group
administered by a school district under this section] may not have a
ratio of more than 10 students for each teacher in an accelerated
instruction group; or
(2) for a student in a program other than a third,
fifth, or eighth grade program, be made available to the student's
parent or guardian and the student's teacher in the next grade
level.
(c-1) A school district shall implement an accelerated
instruction program under Subsection (c) not later than the 30th
day after the first day of school of the next school year.
Accelerated instruction may occur outside of regular school hours,
including during summer school.
(d) In addition to providing accelerated instruction to a
student under Subsection (c), the district shall notify the
student's parent or guardian of:
(1) the student's failure to perform satisfactorily on
the assessment instrument;
(2) the accelerated instruction program to which the
student is assigned; [and]
(3) the possibility that the student might be retained
at the same grade level for the next school year;
(4) the information collected under Subsection (a);
(5) the areas requiring improvement to perform
satisfactorily on a mathematics or reading assessment instrument
specified under Section 39.023(a), (b), or (l); and
(6) any other applicable information as determined by
the district.
(d-1) A school district shall make information provided to a
parent or guardian under Subsections (d)(4), (5), and (6) available
to the student's current teacher and the student's teacher in the
next grade level.
(d-2) After considering the information specified under
Subsection (a), the grade placement committee shall make a
determination that the student who failed a mathematics or reading
assessment instrument administered under Section 39.023(a), (b),
or (l) be:
(1) retained at the same grade level for the next
school year; or
(2) placed in the next grade level with accelerated
instruction as provided under Subsection (c).
(d-3) A student who fails to participate in an accelerated
instruction program developed under Subsection (c)(1) may not be
promoted to the next grade level program to which the student would
otherwise be assigned if the student does not perform
satisfactorily on the applicable assessment instrument specified
under Subsection (b).
(e) A [student who, after at least three attempts, fails to
perform satisfactorily on an assessment instrument specified under
Subsection (a) shall be retained at the same grade level for the
next school year in accordance with Subsection (a). The] student's
parent or guardian may [appeal the student's retention by
submitting a] request that [to] the grade placement committee
reconsider the committee's decision under Subsection (d-2) to
retain the student [established under Subsection (c)]. The school
district shall give the parent or guardian written notice of the
opportunity to request reconsideration [appeal. The grade
placement committee may decide in favor of a student's promotion
only if the committee concludes, using standards adopted by the
board of trustees, that if promoted and given accelerated
instruction, the student is likely to perform at grade level]. A
student may not be promoted on the basis of the grade placement
committee's decision under this subsection unless that decision is
unanimous. The commissioner by rule shall establish a time line for
making the placement determination. This subsection does not
create a property interest in promotion. The decision of the grade
placement committee under this subsection is final and may not be
appealed.
(f) An accelerated instruction program under Subsection (c)
[A school district shall provide to a student who, after three
attempts, has failed to perform satisfactorily on an assessment
instrument specified under Subsection (a) accelerated instruction
during the next school year as prescribed by an educational plan
developed for the student by the student's grade placement
committee established under Subsection (c). The district shall
provide that accelerated instruction regardless of whether the
student has been promoted or retained. The educational plan] must
be designed to enable the student to perform at the appropriate
grade level by the conclusion of the school year. During the school
year, the student shall be monitored to ensure that the student is
progressing in accordance with the program [plan]. The district
shall administer to the student the assessment instrument for the
grade level in which the student is placed at the time the district
regularly administers the assessment instruments for that school
year.
(g) This section does not preclude the retention at a grade
level, in accordance with state law or school district policy, of a
student who performs satisfactorily on an assessment instrument
administered [specified] under Section 39.023 [Subsection (a)].
(i) The admission, review, and dismissal committee of a
student who participates in a district's special education program
under Subchapter B, Chapter 29, and who does not perform
satisfactorily on a mathematics or reading [an] assessment
instrument [specified under Subsection (a) and] administered under
Section 39.023(a) or (b) shall determine:
(1) the manner in which the student will participate
in an accelerated instruction program under this section; and
(2) whether the student will be promoted or retained
under this section.
SECTION 8. Section 28.025, Education Code, is amended by
amending Subsections (a), (b), (b-1), (e), and (g) and adding
Subsections (b-3) and (e-1) to read as follows:
(a) The State Board of Education by rule shall determine
curriculum requirements for the standard, Texas Diploma [minimum,
recommended], and advanced high school programs that are consistent
with the required curriculum under Section 28.002. Subject to
Subsection (b-1), the State Board of Education shall designate the
specific courses in the foundation curriculum required for a
student participating in the standard, Texas Diploma, or advanced
high school program. Except as provided by Subsection (b-1)(1)(B),
the State Board of Education may not designate a specific course or
a specific number of credits required for a subject in the
enrichment curriculum. This subsection does not prohibit the State
Board of Education from designating the total number of credits
required under the enrichment curriculum for a student
participating in the standard, Texas Diploma, or advanced high
school program.
(b) A school district shall ensure that each student enrolls
in the courses necessary to complete the curriculum requirements
identified by the State Board of Education under Subsection (a) for
the Texas Diploma [recommended] or advanced high school program
unless the student, the student's parent or other person standing
in parental relation to the student, and a school counselor or
school administrator agree that the student should be permitted to
take courses under the standard [minimum] high school program.
(b-1) The State Board of Education by rule shall require
that:
(1) except as provided by Subsection (b-2), the
curriculum requirements for the Texas Diploma [recommended] and
advanced high school programs under Subsection (a) include a
requirement that students successfully complete:
(A) four courses in each subject of the
foundation curriculum under Section 28.002(a)(1);
(B) two courses in a language other than English
under Section 28.002(a)(2)(A); and
(C) eight elective courses; [and]
(2) one or more courses offered in the required
curriculum for the Texas Diploma [recommended] and advanced high
school programs include a research writing component; and
(3) the curriculum requirements for the standard high
school program under Subsection (a) include a requirement that
students successfully complete:
(A) four courses in English language arts;
(B) three courses in mathematics;
(C) two courses in science;
(D) three courses in social studies;
(E) one additional course in either science or
social studies; and
(F) nine elective courses.
(b-3) Notwithstanding Section 5.09, Chapter 5 (H.B. 1),
79th Legislature, 3rd Called Session, 2006, the curriculum
requirements for the Texas Diploma and advanced high school
programs under Section 28.025(b-1) apply to students entering the
ninth grade beginning with the 2011-2012 school year. This
subsection expires September 1, 2015.
(e) Each school district shall report the academic
achievement record of students who have completed a standard, Texas
Diploma [minimum, recommended], or advanced high school program on
transcript forms adopted by the State Board of Education. The
transcript forms adopted by the board must be designed to clearly
differentiate between each of the high school programs and identify
whether a student received a diploma or a certificate of coursework
completion.
(e-1) A school district shall provide an endorsement of
college readiness on the transcript of a student who has completed a
Texas Diploma or advanced high school program and has demonstrated
the performance standard for college readiness as provided by
Section 39.024 on the Algebra II and English III end-of-course
assessment instruments. A district shall provide an endorsement of
postsecondary readiness on the transcript of a student who has
completed a Texas Diploma or advanced high school program and has
demonstrated the alternate performance standard as provided under
Section 39.0243. The State Board of Education shall adopt rules as
necessary to administer this subsection.
(g) If a student, other than a student permitted to take
courses under the standard [minimum] high school program as
provided by Subsection (b), is unable to complete the Texas Diploma
[recommended] or advanced high school program solely because
necessary courses were unavailable to the student at the
appropriate times in the student's high school career as a result of
course scheduling, lack of enrollment capacity, or another cause
not within the student's control, the school district shall
indicate that fact on the student's transcript form described by
Subsection (e).
SECTION 9. Section 29.094(c), Education Code, is amended to
read as follows:
(c) A campus may apply to the commissioner to participate in
the pilot program. The commissioner may select for participation
in the pilot program only campuses that have failed to improve
student performance in reading according to standards established
by the commissioner. The standards established by the commissioner
for purposes of this subsection must be based on reading
performance standards considered [required] for student promotion
under Section 28.0211.
SECTION 10. Section 29.096(e), Education Code, is amended
to read as follows:
(e) The commissioner shall establish minimum standards for
a local collaborative agreement, including a requirement that the
agreement must be signed by an authorized school district or
open-enrollment charter school officer and an authorized
representative of each of the other participating entities that is
a partner in the collaboration. The program must:
(1) limit participation in the program to students
authorized to participate by a parent or other person standing in
parental relationship;
(2) have as a primary goal graduation from high school
under at least the Texas Diploma [recommended] high school program;
(3) provide for local businesses or other employers to
offer paid employment or internship opportunities and advanced
career and vocational training;
(4) include an outreach component and a lead
educational staff member to identify and involve eligible students
and public and private entities in participating in the program;
(5) serve a population of students of which at least 50
percent are identified as students at risk of dropping out of
school, as described by Section 29.081(d);
(6) allocate not more than 15 percent of grant funds
and matching funds, as determined by the commissioner, to
administrative expenses;
(7) include matching funds from any of the
participating entities; and
(8) include any other requirements as determined by
the council.
SECTION 11. 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 Texas Diploma [recommended] or
advanced 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)
[51.306(l) or (m)] from administration of an assessment [a test]
instrument under Section 51.3062 [51.306] or have performed
successfully on an assessment [a test] instrument under Section
51.3062 [51.306];
(E) graduate from high school;
(F) graduate from an institution of higher
education; and
(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 12. Section 32.252(b), Education Code, is amended
to read as follows:
(b) The portal must serve as a single point of access to
educational resources, access to general student assessment data,
and secure access to individual student assessment data. In
addition to any other purpose specified by this subchapter or any
other educational purpose, the portal may be used to:
(1) alleviate inequities in access to educational
resources by providing access to on-line courses;
(2) improve student academic performance by providing
access to tutorial materials, instructional materials that have
been shown to improve academic performance, and other interactive
materials, including materials that assess an individual student's
knowledge and prepare the student for the administration of a
standardized assessment instrument, including an assessment
instrument administered under Section 39.023;
(3) provide school districts with access to
administrative software and other electronic tools designed to
promote administrative efficiency and intra-district
communication; or
(4) [provide secure access to student assessment data;
or
[(5)] provide links to appropriate educational
resources and experts available through the Internet.
SECTION 13. Section 32.258, Education Code, is amended to
read as follows:
Sec. 32.258. STUDENT ASSESSMENT DATA. (a) The agency shall
[may] establish a secure, interoperable system to be implemented
through the portal under which:
(1) a student or the student's parent or other person
standing in parental relationship can easily access the student's
individual assessment data; and
(2) an authorized employee of a school district,
including a district teacher, [districts] can readily access
individual [student] assessment data of district students for use
in developing strategies for improving student performance.
(b) The system established under Subsection (a) shall
provide a means for a student or the student's parent or other
person standing in parental relationship to track the student's
progress on assessment instrument requirements for graduation.
(c) The agency shall establish an interoperable system to be
implemented through the portal under which general student
assessment data is easily accessible to the public.
(d) Student assessment data provided under this section
must include student performance data on assessment instruments
over multiple years, beginning with the 2007-2008 school year,
including any data indicating progress in student achievement.
(e) Each [(b) In establishing the] system established
under [required by] this section must permit comparisons of [, the
agency shall seek to further the goal of providing school districts
with access to] student performance information at the classroom,
campus, district, and state levels [level].
SECTION 14. Section 33.007(b), Education Code, is amended
to read as follows:
(b) During the first school year a student is enrolled in a
high school or at the high school level in an open-enrollment
charter school, and again during a student's senior year, a
counselor shall provide information about higher education to the
student and the student's parent or guardian. The information must
include information regarding:
(1) the importance of higher education;
(2) the advantages of completing the Texas Diploma
[recommended] or advanced high school program adopted under Section
28.025(a);
(3) the disadvantages of taking courses to prepare for
a high school equivalency examination relative to the benefits of
taking courses leading to a high school diploma;
(4) financial aid eligibility;
(5) instruction on how to apply for federal financial
aid;
(6) the center for financial aid information
established under Section 61.0776;
(7) the automatic admission of certain students to
general academic teaching institutions as provided by Section
51.803;
(8) the eligibility and academic performance
requirements for the TEXAS Grant as provided by Subchapter M,
Chapter 56; and
(9) the availability of programs in the district under
which a student may earn college credit, including advanced
placement programs, dual credit programs, joint high school and
college credit programs, and international baccalaureate programs.
SECTION 15. Section 39.023, Education Code, is amended by
adding Subsection (a-1) and amending Subsections (c-4), (e), and
(l) to read as follows:
(a-1) The agency shall develop assessment instruments
required under Subsection (a) in a manner that allows, to the extent
practicable:
(1) the score a student receives to provide reliable
information relating to a student's college readiness performance,
as defined by Section 39.024(a); and
(2) an appropriate range of performances to serve as a
valid indication of growth in student achievement.
(c-4) To the extent practicable and subject to Section
39.024, the agency shall ensure that each end-of-course assessment
instrument adopted under Subsection (c) is:
(1) developed in a manner that measures a student's
performance under the college readiness standards established
under Section 28.008; and
(2) validated by national postsecondary education
experts for college readiness content and performance standards.
(e) Under rules adopted by the State Board of Education,
every third year, the agency shall release the questions and answer
keys to each assessment instrument administered under Subsection
(a), (b), (c), (d), or (l), excluding any assessment instrument
administered to a student for the purpose of retaking the
assessment instrument, after the last time the instrument is
administered for that school year. To ensure a valid bank of
questions for use each year, the agency is not required to release a
question that is being field-tested and was not used to compute the
student's score on the instrument. The agency shall also release,
under board rule, each question that is no longer being
field-tested and that was not used to compute a student's score.
(l) The State Board of Education shall adopt rules for the
administration of the assessment instruments adopted under
Subsection (a) in Spanish to students in grades three through five
[six] who are of limited English proficiency, as defined by Section
29.052, whose primary language is Spanish, and who are not
otherwise exempt from the administration of an assessment
instrument under Section 39.027(a)(3) or (4). Each student of
limited English proficiency whose primary language is Spanish,
other than a student to whom Subsection (b) applies, may be assessed
using assessment instruments in Spanish under this subsection for
up to three years or assessment instruments in English under
Subsection (a). The language proficiency assessment committee
established under Section 29.063 shall determine which students are
administered assessment instruments in Spanish under this
subsection.
SECTION 16. Section 39.0233(d), Education Code, is amended
to read as follows:
(d) The questions adopted under this section may not [must]
be administered in a separate section of the end-of-course
assessment instrument [in which the questions are included].
SECTION 17. Subchapter B, Chapter 39, Education Code, is
amended by amending Section 39.024 and adding Sections 39.0241,
39.0242, and 39.0243 to read as follows:
Sec. 39.024. MEASURES OF READINESS. (a) In this section:
(1) "College readiness" means the level of preparation
a student must attain in English language arts and mathematics
courses to enroll and succeed, without remediation, in an
entry-level general education course for credit in that same
content area at:
(A) a postsecondary educational institution that
primarily offers baccalaureate degrees and primarily serves a
limited geographic region; or
(B) a postsecondary educational institution that
primarily offers associate's degrees or certificates or
credentials other than baccalaureate or advanced degrees.
(2) "Skilled workforce and technical readiness" means
the level of preparation a student must attain in Algebra I and
English III courses to enroll and succeed in a workforce training,
certification, or other credential program at a postsecondary
educational institution that primarily offers associate's degrees
or certificates or credentials other than baccalaureate or advanced
degrees.
(b) The agency shall ensure that the end-of-course
assessment instruments required under Section 39.023(c) are
developed to be capable of, beginning with the 2011-2012 school
year, measuring:
(1) skilled workforce and technical readiness for
Algebra I and English III end-of-course assessment instruments; and
(2) college readiness for Algebra II and English III
end-of-course assessment instruments.
(c) Before the beginning of the 2011-2012 school year, the
agency shall gather data and conduct research studies to
substantiate:
(1) the correlation between a certain level of
performance by students on the Algebra I and English III
end-of-course assessment instruments and skilled workforce and
technical readiness; and
(2) the correlation between a certain level of
performance by students on the Algebra II and English III
end-of-course assessment instruments and college readiness.
(d) Studies under Subsection (c) must include an evaluation
of any need for remediation courses to facilitate skilled workforce
and technical readiness or college readiness.
(e) Based on the results of the studies conducted under
Subsection (c), the commissioner of education, in conjunction with
the commissioner of higher education, shall establish student
performance standards for:
(1) the Algebra I and English III end-of-course
assessment instruments indicating that students have attained
skilled workforce and technical readiness; and
(2) the Algebra II and English III end-of-course
assessment instruments indicating that students have attained
college readiness.
(f) To the extent practicable, the agency shall conduct
research studies similar to the studies conducted under Subsection
(c)(2) for the appropriate science and social studies end-of-course
assessment instruments.
(f-1) Not later than December 1, 2010, the agency shall
deliver to the lieutenant governor, the speaker of the house of
representatives, and the clerks of the standing committees of the
senate and the house of representatives with primary jurisdiction
over public education a report that includes:
(1) an analysis of the feasibility of establishing
college readiness performance standards for science and social
studies end-of-course assessment instruments; and
(2) if feasible, recommendations for implementing
each standard.
(f-2) Subsection (f-1) and this subsection expire January
1, 2011.
(g) The agency shall continue to gather data to perform
studies as provided under Subsections (c) and (f) at least once
every two years.
(h) The agency shall periodically review the college
readiness performance standards established under this section and
compare the performance standards to performance standards
established nationally and internationally for comparable
assessment instruments. Following each review, the agency shall
deliver to the lieutenant governor, the speaker of the house of
representatives, and the clerks of the standing committees of the
senate and the house of representatives with primary jurisdiction
over public education a report on the results of the review
indicating whether the college readiness performance standards
established under this section are sufficiently rigorous to prepare
students in this state to compete academically with students
nationally and internationally. If the agency determines that the
college readiness performance standards established under this
section are not sufficiently rigorous, the agency shall recommend
changes to the college readiness performance standards.
Sec. 39.0241. SATISFACTORY PERFORMANCE. (a) Except as
otherwise provided by Subsection (b) [this subsection], the State
Board of Education shall determine the level of performance
considered to be satisfactory on the assessment instruments.
(a-1) Beginning with the 2011-2012 school year,
satisfactory performance on English language arts and mathematics
assessment instruments for purposes of this chapter means the
performance across grade levels necessary to indicate college
readiness, as defined by Section 39.024(a), except as:
(1) modified by Section 39.0242(d); or
(2) provided by Subsection (a-2)(2) or Section
39.0243.
(a-2) The State Board of Education shall establish:
(1) for the Texas Diploma and advanced high school
programs, the performance standard for the Algebra II and English
III end-of-course assessment instruments, as provided under
Section 39.024(b)(2);
(2) for the standard high school program, the
performance standard for the Algebra I and English III
end-of-course assessment instruments, as provided under Section
39.024(b)(1);
(3) except as provided by Subdivision (2), the
performance standard for the Algebra I and English II end-of-course
assessment instruments, as determined based on studies under
Section 39.0242 that correlate student performance on the Algebra I
and English II end-of-course assessment instruments with student
performance on the Algebra II and English III assessment
instruments;
(4) the performance standard for the English I
end-of-course assessment instrument, as determined based on
studies under Section 39.0242 that correlate student performance on
the English I end-of-course assessment instrument with student
performance on the English II assessment instrument;
(5) the performance standard for the grade eight
assessment instruments, as determined based on studies under
Section 39.0242 that correlate student performance on the grade
eight assessment instruments with student performance on the
Algebra I and English I end-of-course assessment instruments in the
same content area;
(6) the performance standard for the grade seven
assessment instruments, as determined based on studies under
Section 39.0242 that correlate student performance on the grade
seven assessment instruments with student performance on the grade
eight assessment instruments in the same content area;
(7) the performance standard for the grade six
assessment instruments, as determined based on studies under
Section 39.0242 that correlate student performance on the grade six
assessment instruments with student performance on the grade seven
assessment instruments in the same content area;
(8) the performance standard for the grade five
assessment instruments, as determined based on studies under
Section 39.0242 that correlate student performance on the grade
five assessment instruments with student performance on the grade
six assessment instruments in the same content area;
(9) the performance standard for the grade four
assessment instruments, as determined based on studies under
Section 39.0242 that correlate student performance on the grade
four assessment instruments with student performance on the grade
five assessment instruments in the same content area; and
(10) the performance standard for the grade three
assessment instruments, as determined based on studies under
Section 39.0242 that correlate student performance on the grade
three assessment instruments with student performance on the grade
four assessment instruments in the same content area.
(b) The admission, review, and dismissal committee of a
student being assessed under Section 39.023(b) shall determine the
level of performance considered to be satisfactory on the
assessment instruments administered to that student in accordance
with criteria established by agency rule.
(c) The agency shall develop study guides for the assessment
instruments administered under Sections 39.023(a) and (c). To
assist parents in providing assistance during the period that
school is recessed for summer, each school district shall
distribute the study guides to parents of students who do not
perform satisfactorily on one or more parts of an assessment
instrument administered under this subchapter.
(d) The agency shall develop and make available teacher
training materials and other teacher training resources to assist
teachers in enabling students of limited English proficiency to
meet state performance expectations. The teacher training
resources shall be designed to support intensive, individualized,
and accelerated instructional programs developed by school
districts for students of limited English proficiency.
(e) The commissioner shall retain a portion of the total
amount of funds allotted under Section 42.152(a) that the
commissioner considers appropriate to finance activities under
Subsection [Subsections] (c) and may retain a portion for
activities under Subsection (d) and for intensive programs of
instruction for students of limited English proficiency offered by
school districts and shall reduce each district's allotment
proportionately.
Sec. 39.0242. SATISFACTORY PERFORMANCE: RESEARCH STUDIES
AND IMPLEMENTATION OF STANDARD. (a) During the 2010-2011 school
year, the agency shall collect data through:
(1) the annual administration of assessment
instruments required under Section 39.023(a) in grades three
through eight; and
(2) the administration to appropriate students
throughout the state of an end-of-course assessment instrument
field test.
(b) Before the beginning of the 2011-2012 school year, the
agency shall analyze the data collected under Subsection (a) to
substantiate:
(1) the correlation between satisfactory student
performance on the grade three, four, five, six, or seven
assessment instruments with satisfactory performance on the
assessment instruments in the same content area for the next grade
level;
(2) the correlation between satisfactory student
performance on the grade eight assessment instruments with
satisfactory performance on the Algebra I and English I
end-of-course assessment instruments in the same content area;
(3) the correlation between satisfactory student
performance on the English I end-of-course assessment instrument
with satisfactory performance on the English II end-of-course
assessment instrument;
(4) for the standard high school program, the
correlation between satisfactory student performance on the
English II end-of-course assessment instrument with satisfactory
performance as determined under Section 39.024 on the English III
end-of-course assessment instrument; and
(5) for the Texas Diploma and advanced high school
programs, the correlation between satisfactory student performance
on the Algebra I and English II end-of-course assessment
instruments with satisfactory performance as determined under
Section 39.024 on the Algebra II and English III end-of-course
assessment instruments.
(c) Studies under this section must include an evaluation of
any need for remediation courses to facilitate skilled workforce
and technical readiness or college readiness.
(d) Based on the results of the studies conducted under this
section, the State Board of Education shall establish a level of
satisfactory performance that is more rigorous than the standard of
satisfactory performance established before the 2011-2012 school
year, but less rigorous than the level of satisfactory performance
identified under the studies conducted under this section as
indicating that students have attained college readiness. The
State Board of Education shall incrementally increase the level of
satisfactory performance during the 2012-2013 through 2016-2017
school years to the level identified under the studies conducted
under this section as indicating that students have attained
college readiness.
(e) Once the level of satisfactory performance has been
established at the level indicating college readiness, the agency
shall continue to gather data and perform studies as provided under
this section at least once every two years. If the data does not
support the correlation between student performance standards and
college readiness, the State Board of Education shall revise the
standard of performance considered to be satisfactory.
Sec. 39.0243. ALTERNATE PERFORMANCE STANDARD:
POSTSECONDARY READINESS. (a) This section applies only to a
student participating in a Texas Diploma or advanced high school
program who is administered the Algebra II and English III
end-of-course assessment instruments.
(b) Regardless of whether the student demonstrates the
performance standard for college readiness as provided by Section
39.024, the student demonstrates postsecondary readiness under
this section if the student earns in a curriculum course in which
the student is enrolled a certificate required for employment in a
high-demand, high-wage, high-skill occupation, as determined under
this section.
(c) The Texas Workforce Commission shall develop, in
consultation with the Texas Workforce Investment Council, a list of
high-demand, high-wage, high-skill occupations in this state that
have industry certifications. The Texas Workforce Commission shall
provide the research and technical support for developing the list
under this subsection.
(d) The Texas Workforce Investment Council shall consider
the list developed under Subsection (c) and approve a list for
submission to the commissioner. On approval of the list, the Texas
Workforce Investment Council shall deliver the list to the
commissioner.
(e) The commissioner of education, after consultation with
the commissioner of higher education, shall consider the list
delivered under Subsection (d) and approve a final list of
high-demand, high-wage, high-skill occupations in this state that
have industry certifications.
(f) The list of high-demand, high-wage, high-skill
occupations in this state that have industry certifications shall
be reviewed and approved under the process provided by Subsections
(c) through (e) every four years.
(g) Notwithstanding any other provision of this section, a
student's score on the Algebra II or English III end-of-course
assessment instrument constitutes 15 percent of the student's grade
in the applicable course.
SECTION 18. Section 39.025, Education Code, is amended by
amending Subsections (a), (a-1), (b), (b-1), (b-2), and (f) and
adding Subsections (a-2) and (c-1) to read as follows:
(a) The commissioner shall adopt rules requiring a student
participating in the Texas Diploma [recommended] or advanced high
school program to be administered each end-of-course assessment
instrument listed in Section 39.023(c) and requiring a student
participating in the standard [minimum] high school program to be
administered an end-of-course assessment instrument listed in
Section 39.023(c) only for Algebra I and English III and any other
[a] course in which the student is enrolled and for which an
end-of-course assessment instrument is administered. Except as
otherwise provided by this section, a [A] student is required to
perform satisfactorily on two of the three end-of-course assessment
instruments [achieve,] in each subject in which the student is
required to take end-of-course assessment instruments [in the
foundation curriculum under Section 28.002(a)(1), a cumulative
score that is at least equal to the product of the number of
end-of-course assessment instruments administered to the student
in that subject and 70, with each end-of-course assessment
instrument scored on a scale of 100. A student must achieve a score
of at least 60 on an end-of-course assessment instrument for the
score to count towards the student's cumulative score]. Except as
provided under Subsection (a-2), a student participating in the
standard high school program must perform satisfactorily on the
Algebra I and English III end-of-course assessment instruments and
a student participating in the Texas Diploma or advanced high
school program must perform satisfactorily on the Algebra II and
English III end-of-course assessment instruments [For purposes of
this subsection, a student's cumulative score is determined using
the student's highest score on each end-of-course assessment
instrument administered to the student]. A student may not receive
a high school diploma until the student has performed
satisfactorily on the end-of-course assessment instruments in the
manner provided under this subsection. [This subsection does not
require a student to demonstrate readiness to enroll in an
institution of higher education.]
(a-1) The student's score on an end-of-course assessment
instrument constitutes 15 percent of the student's grade in the
course for which the assessment instrument is administered.
(a-2) The commissioner by rule shall determine a method by
which a student's satisfactory performance on an advanced placement
test, international baccalaureate examination, a Scholastic
Assessment Test (SAT) Subject Test, or another assessment
instrument determined by the commissioner to be at least as
rigorous as an end-of-course assessment instrument adopted under
Section 39.023(c) may be used as a factor in determining whether the
student satisfies the requirements of Subsection (a)[, including
the cumulative score requirement of that subsection].
(b) Each time an end-of-course assessment instrument is
administered, a student who failed to perform satisfactorily
[achieve a score of at least 60] on the assessment instrument shall
retake the assessment instrument. Any other student may retake an
end-of-course assessment instrument for any reason. A student is
not required to retake a course as a condition of retaking an
end-of-course assessment instrument.
(b-1) A school district shall provide each student who fails
to perform satisfactorily [achieve a score of at least 70] on an
end-of-course assessment instrument with accelerated instruction
in the subject assessed by the assessment instrument.
(b-2) The agency, in consultation with the Texas Higher
Education Coordinating Board, shall develop senior-level English
language arts and mathematics accelerated instruction courses for
purposes of this section. If [a school district determines that] a
student does not demonstrate the performance standard for college
readiness as provided by Section 39.024 on the Algebra II or English
III end-of-course assessment instrument [, on completion of grade
11, is unlikely to achieve the cumulative score requirements for
one or more subjects prescribed by Subsection (a) for receiving a
high school diploma], the district shall offer [require] the
student the opportunity to enroll in a [corresponding content-area
college preparatory] course described by this subsection [for which
an end-of-course assessment instrument has been adopted, if
available]. A student who enrolls in a [college preparatory] course
described by this subsection shall be administered an appropriate
end-of-course assessment instrument [for the course, with the
end-of-course assessment instrument scored on a scale of 40. A
student may use the student's score on the end-of-course assessment
instrument for the college preparatory course towards satisfying
the cumulative score requirements] prescribed by Subsection (a).
(c-1) A school district may not administer an assessment
instrument required for graduation administered under this section
as this section existed before September 1, 1999. A school district
may administer to a student who failed to perform satisfactorily on
an assessment instrument described by this subsection an alternate
assessment instrument designated by the commissioner. The
commissioner shall determine the level of performance considered to
be satisfactory on an alternate assessment instrument. The
district may not administer to the student an assessment instrument
or a part of an assessment instrument that assesses a subject that
was not assessed in an assessment instrument required for
graduation administered under this section as this section existed
before September 1, 1999. The commissioner shall make available to
districts information necessary to administer the alternate
assessment instrument authorized by this subsection. The
commissioner's determination regarding designation of an
appropriate alternate assessment instrument under this subsection
and the performance required on the assessment instrument is final
and may not be appealed.
(f) The commissioner shall by rule adopt a transition plan
to implement the amendments made by Chapter 1312 (S.B. No. 1031),
Acts of the 80th Legislature, Regular Session, 2007, replacing
general subject assessment instruments administered at the high
school level with end-of-course assessment instruments [to this
section and Sections 39.023(a) and (c) and 39.051(b)(5)]. The
rules must provide for the end-of-course assessment instruments
adopted under Section 39.023(c) to be administered beginning with
students entering the ninth grade during the 2011-2012 school
year. During the period under which the transition to
end-of-course assessment instruments is made:
(1) for students entering a grade above the ninth
grade during the 2011-2012 school year, the commissioner shall
retain, administer, and use for purposes of accreditation and other
campus and district accountability measures [ratings] under this
chapter [Subchapter D] the assessment instruments required by
Section 39.023(a) or (c), as that section existed before amendment
by Chapter 1312 (S.B. No. 1031), Acts of the 80th Legislature,
Regular Session, 2007; and
(2) the agency may defer releasing assessment
instrument questions and answer keys as required by Section
39.023(e) to the extent necessary to develop additional assessment
instruments.
SECTION 19. Section 39.027(e), Education Code, is amended
to read as follows:
(e) The commissioner shall develop an assessment system
that shall be used for evaluating the academic progress, including
reading proficiency in English, of all students of limited English
proficiency, as defined by Section 29.052. A student who is exempt
from the administration of an assessment instrument under
Subsection (a)(3) or (4) who achieves reading proficiency in
English as determined by the assessment system developed under this
subsection shall be administered the assessment instruments
described by Sections 39.023(a) and (c). The performance under the
assessment system developed under this subsection of students to
whom Subsection (a)(3) or (4) applies shall be included in the
[academic excellence] indicator systems [system] under Sections
39.053 and 39.301, as applicable [Section 39.051], the performance
report under Section 39.306 [39.053], and the comprehensive annual
report under Section 39.332 [39.182]. This information shall be
provided in a manner that is disaggregated by the bilingual
education or special language program, if any, in which the student
is enrolled.
SECTION 20. Section 39.033(b), Education Code, is amended
to read as follows:
(b) An agreement under this section must require the private
school to:
(1) as determined appropriate by the commissioner,
provide to the commissioner the information described by Sections
39.053(c) and 39.301(c); [Section 39.051(b)] and
(2) [to] maintain confidentiality in compliance with
Section 39.030.
SECTION 21. Section 39.034, Education Code, is amended by
amending Subsection (d) and adding Subsection (d-1) to read as
follows:
(d) The agency shall determine the necessary annual
improvement required each year for a student to be prepared to
perform satisfactorily on, as applicable:
(1) the grade five assessment instruments;
(2) the grade eight assessment instruments; and
(3) the end-of-course assessment instruments required
under this subchapter for graduation.
(d-1) The agency shall report the necessary annual
improvement required under Subsection (d) to the district. Each
year, the report must state whether the student fell below, met, or
exceeded the necessary target for improvement.
SECTION 22. Subchapters C and D, Chapter 39, Education
Code, as they existed on January 1, 2009, are repealed.
SECTION 23. Chapter 39, Education Code, is amended by
adding Subchapter C to read as follows:
SUBCHAPTER C. ACCREDITATION
Sec. 39.051. ACCREDITATION STATUS. Accreditation of a
school district or campus is determined in accordance with this
subchapter. The commissioner by rule shall determine in accordance
with this subchapter the criteria for the following accreditation
statuses:
(1) accredited;
(2) accredited-warned; and
(3) accredited-probation.
Sec. 39.052. DETERMINATION OF ACCREDITATION STATUS. (a)
Following the end of each school year, the commissioner shall
determine the accreditation status of each school district and
campus.
(b) In determining the accreditation status of a district,
the commissioner:
(1) shall evaluate and consider:
(A) performance on student achievement
indicators described by Section 39.053(c);
(B) performance under the financial
accountability rating system developed under Subchapter D; and
(C) the district's current special education
compliance status with the agency; and
(2) may evaluate and consider:
(A) the district's compliance with statutory
requirements and requirements imposed by rule of the commissioner
or State Board of Education under specific statutory authority that
relate to:
(i) reporting data through the Public
Education Information Management System (PEIMS) or other reports
required by state or federal law or court order;
(ii) the high school graduation
requirements under Section 28.025; or
(iii) an item listed under Sections
7.056(e)(3)(C)-(I) that applies to the district;
(B) the effectiveness of the district's programs
for special populations; and
(C) the effectiveness of the district's career
and technology program.
(c) In determining the accreditation status of a campus, the
commissioner:
(1) shall evaluate and consider performance on student
achievement indicators described by Section 39.053(c); and
(2) may evaluate and consider other factors the
commissioner considers appropriate.
(d) Based on a school district's performance under
Subsection (b) or a campus's performance under Subsection (c), the
commissioner shall:
(1) assign each district and campus an accreditation
status; or
(2) revoke the accreditation of the district or campus
and order closure of the district or campus under this subchapter.
(e) A school district's accreditation status may be raised
or lowered based on the district's performance or may be lowered
based on the performance of one or more campuses in the district
that is below a standard required under this subchapter.
(f) The commissioner shall notify a school district or
campus that receives an accreditation status of accredited-warned
or accredited-probation that the performance of the district or
campus is below a standard required under this subchapter. The
commissioner shall require the district to notify the parents of
students enrolled in the district and property owners in the
district of the accreditation status of the district or campus and
the implications of that accreditation status.
(g) A school district that is not accredited may not receive
funds from the agency or hold itself out as operating a public
school of this state.
(h) This chapter may not be construed to invalidate a
diploma awarded, course credit earned, or grade promotion granted
by a school district before the commissioner revoked the district's
accreditation.
Sec. 39.053. PERFORMANCE INDICATORS: STUDENT ACHIEVEMENT.
(a) The commissioner shall adopt a set of indicators of the quality
of learning and student achievement on a campus. The commissioner
biennially shall review the indicators for the consideration of
appropriate revisions.
(b) Performance on the student achievement indicators
adopted under this section shall be compared to state-established
standards. The degree of change from one school year to the next in
performance on each indicator adopted under this section shall also
be considered. The indicators must be based on information that is
disaggregated by race, ethnicity, and socioeconomic status.
(c) Indicators of student achievement adopted under this
section must include:
(1) the results of assessment instruments required
under Sections 39.023(a), (b), (c), and (l), aggregated by grade
level and subject area, including:
(A) the percentage of students who performed
satisfactorily, as determined under the college readiness
performance standards under Section 39.0241 or as determined under
Section 39.0243, on the assessment instruments, aggregated by grade
level and subject area; and
(B) for students who did not perform
satisfactorily as described by Paragraph (A), the percentage of
students who met the standard for annual improvement, as determined
by the agency under Section 39.034, on assessment instruments,
aggregated by grade level and subject area;
(2) 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; and
(3) 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.).
(d) Performance on the student achievement indicators
described by Subsection (c) must be based on longitudinal student
data that is disaggregated by the bilingual education or special
language program, if any, in which students of limited English
proficiency, as defined by Section 29.052, are or former students
of limited English proficiency were enrolled. If a student
described by this subsection is not or was not enrolled in
specialized language instruction, the number and percentage of
those students shall be provided.
(e) Performance on the student achievement indicator
described by Subsection (c)(1) shall be compared to state
standards, required improvement, and comparable improvement. The
state standard shall be established by the commissioner. Required
improvement is the progress necessary for the campus or district to
meet state standards and for its students to meet college readiness
performance standards as determined under Section 39.0241 or the
alternate performance standard established under Section 39.0243.
Comparable improvement is derived by measuring campuses and
districts against a profile developed from a total state student
performance database that exhibits substantial equivalence to the
characteristics of students served by the campus or district,
including past academic performance, socioeconomic status,
ethnicity, and limited English proficiency.
(f) Annually, the commissioner shall define the state
standard for the current school year for each student achievement
indicator described by Subsection (c) for accreditation and shall
project the state standards for each indicator for accreditation
for the following two school years. The commissioner shall
periodically raise the state standards for the student achievement
indicator described by Subsection (c)(1)(A) for accreditation as
necessary to reach the goal of achieving, by not later than the
2019-2020 school year, student performance in this state,
disaggregated by race, ethnicity, and socioeconomic status, that
ranks nationally in the top 10 states in terms of college readiness.
(g) In defining the required state standard for
accreditation for the indicator described by Subsection (c)(2), the
commissioner may not consider as a dropout a student whose failure
to attend school results from:
(1) the student's expulsion under Section 37.007; and
(2) as applicable:
(A) adjudication as having engaged in delinquent
conduct or conduct indicating a need for supervision, as defined by
Section 51.03, Family Code; or
(B) conviction of and sentencing for an offense
under the Penal Code.
(h) Each school district shall cooperate with the agency in
determining whether a student is a dropout for purposes of
accreditation and evaluating performance by school districts and
campuses under this chapter.
(i) The commissioner by rule shall adopt accountability
measures to be used in assessing the progress of students who have
failed to perform satisfactorily as described by Subsection
(c)(1)(A) in the preceding school year on an assessment instrument
required under Section 39.023(a), (c), or (l).
Sec. 39.054. METHODS AND STANDARDS FOR EVALUATING
PERFORMANCE. (a) The commissioner shall adopt rules to evaluate
school district and campus performance.
(b) In evaluating performance, the commissioner shall
evaluate against state standards and consider the performance of
each campus in a school district and each open-enrollment charter
school on the basis of the campus's or school's performance on the
student achievement indicators adopted under Section 39.053(c).
Any consideration of the effectiveness of district programs under
Section 39.052(b)(2)(B) or (C) must be based on data collected
through the Public Education Information Management System (PEIMS)
for purposes of accountability under this chapter and include the
results of assessment instruments required under Section 39.023.
(c) In evaluating school district and campus performance on
the student achievement indicator adopted under Section
39.053(c)(1), the commissioner shall identify satisfactory
performance as meeting the state standard determined by the
commissioner under Section 39.053(f) for the current school year
based on:
(1) student performance in the current school year; or
(2) student performance as averaged over the current
school year and the preceding two school years.
(d) Each annual accreditation review under Section 39.052
shall include an analysis of the student achievement indicators
adopted under Section 39.053(c) to determine school district and
campus performance in relation to:
(1) standards established for each indicator;
(2) required improvement as defined under Section
39.053(e); and
(3) comparable improvement as defined by Section
39.053(e).
(e) In the computation of dropout rates under Section
39.053(c)(2), a student who is released from a juvenile
pre-adjudication secure detention facility or juvenile
post-adjudication secure correctional facility and fails to enroll
in school or a student who leaves a residential treatment center
after receiving treatment for fewer than 85 days and fails to enroll
in school may not be considered to have dropped out from the school
district or campus serving the facility or center unless that
district or campus is the one to which the student is regularly
assigned.
Sec. 39.055. STUDENT CONFINED BY COURT ORDER NOT CONSIDERED
FOR ACCOUNTABILITY PURPOSES. Notwithstanding any other provision
of this code, for purposes of determining the performance of a
school district or campus under this chapter, including the
accreditation status of a district or campus, a student confined by
court order in a residential program or facility operated by or
under contract with the Texas Youth Commission, the Texas Juvenile
Probation Commission, a juvenile board, or any other governmental
entity is not considered to be a student of the school district in
which the program or facility is physically located. The
performance of such a student on an assessment instrument or other
student achievement indicator adopted under Section 39.053 or
reporting indicator adopted under Section 39.301 shall be
determined, reported, and considered separately from the
performance of students attending a school of the district in which
the program or facility is physically located.
Sec. 39.056. ON-SITE INVESTIGATIONS. (a) The commissioner
may:
(1) direct the agency to conduct on-site
investigations of a school district at any time to answer any
questions concerning a program, including special education,
required by federal law or for which the district receives federal
funds; and
(2) as a result of the investigation, change the
accreditation status of a district or campus or withdraw a
distinction designation under Subchapter G.
(b) The commissioner shall determine the frequency of
on-site investigations by the agency according to annual
comprehensive analyses of student performance and equity in
relation to the student achievement indicators adopted under
Section 39.053.
(c) In making an on-site accreditation investigation, the
investigators shall obtain information from administrators,
teachers, and parents of students enrolled in the school district.
The investigation may not be closed until information is obtained
from each of those sources. The State Board of Education shall
adopt rules for:
(1) obtaining information from parents and using that
information in the investigator's report; and
(2) obtaining information from teachers in a manner
that prevents a district or campus from screening the information.
(d) The agency shall give written notice to the
superintendent and the board of trustees of a school district of any
impending investigation of the district's or campus's
accreditation.
(e) If an annual accreditation review under Section 39.052
indicates low performance on one or more of the indicators adopted
under Section 39.053(c) of one or more campuses in a school
district, the agency may conduct an on-site evaluation of those
campuses only.
(f) The investigators shall report orally and in writing to
the board of trustees of the school district and, as appropriate, to
campus administrators and shall make recommendations concerning
any necessary improvements or sources of aid such as regional
education service centers.
Sec. 39.057. SPECIAL ACCREDITATION INVESTIGATIONS. (a)
The commissioner shall authorize special accreditation
investigations to be conducted:
(1) when excessive numbers of absences of students
eligible to be tested on state assessment instruments are
determined;
(2) when excessive numbers of allowable exemptions
from the required state assessment instruments are determined;
(3) in response to complaints submitted to the agency
with respect to alleged violations of civil rights or other
requirements imposed on the state by federal law or court order;
(4) in response to established compliance reviews of
the district's financial accounting practices and state and federal
program requirements;
(5) when extraordinary numbers of student placements
in disciplinary alternative education programs, other than
placements under Sections 37.006 and 37.007, are determined;
(6) in response to an allegation involving a conflict
between members of the board of trustees or between the board and
the district administration if it appears that the conflict
involves a violation of a role or duty of the board members or the
administration clearly defined by this code;
(7) when excessive numbers of students in special
education programs under Subchapter A, Chapter 29, are assessed
through assessment instruments developed or adopted under Section
39.023(b);
(8) in response to an allegation regarding or an
analysis using a statistical method result indicating a possible
violation of an assessment instrument security procedure
established under Section 39.0301, including for the purpose of
investigating or auditing a school district under that section;
(9) when a significant pattern of increased student
dropout rates or decreased academic performance develops as the
result of the promotion of students who did not perform
satisfactorily on assessment instruments administered under
Section 39.023(a), (c), or (l); or
(10) as the commissioner otherwise determines
necessary.
(b) If the agency's findings in an investigation under
Subsection (a)(6) indicate that the board of trustees has observed
a lawfully adopted policy, the agency may not substitute its
judgment for that of the board.
(c) The commissioner may authorize special accreditation
investigations to be conducted in response to repeated complaints
submitted to the agency concerning imposition of excessive
paperwork requirements on classroom teachers.
(d) Based on the results of a special accreditation
investigation, the commissioner may:
(1) take appropriate action under Subchapter E;
(2) lower the school district's or campus's
accreditation status; or
(3) take action under both Subdivisions (1) and (2).
(e) Regardless of whether the commissioner lowers the
school district's or campus's accreditation status under Subsection
(d), the commissioner may take action under Sections 39.101(a)(1)
through (8) or 39.102(1) through (7) if the commissioner determines
that the action is necessary to improve any area of a district's or
campus's performance, including the district's financial
accounting practices.
Sec. 39.058. CONDUCT OF INVESTIGATIONS. (a) The agency
shall adopt written procedures for conducting on-site
investigations under this subchapter. The agency shall make the
procedures available to the complainant, the alleged violator, and
the public. Agency staff must be trained in the procedures and must
follow the procedures in conducting the investigation.
(b) After completing an investigation, the agency shall
present preliminary findings to any person the agency finds has
violated a law, rule, or policy. Before issuing a report with its
final findings, the agency must provide a person the agency finds
has violated a law, rule, or policy an opportunity for an informal
review by the commissioner or a designated hearing examiner.
SECTION 24. Subchapter I, Chapter 39, Education Code, is
redesignated as Subchapter D, Chapter 39, Education Code, and the
sections in the redesignated subchapter, Sections 39.201, 39.202,
39.203, and 39.204, are redesignated as Sections 39.081, 39.082,
39.083, and 39.084, Education Code, respectively.
SECTION 25. Subchapter I, Chapter 39, Education Code,
redesignated by this Act as Subchapter D, Chapter 39, Education
Code, is amended by adding Sections 39.0821, 39.0822, and 39.0823
to read as follows:
Sec. 39.0821. COMPTROLLER REVIEW OF RESOURCE ALLOCATION
PRACTICES. The comptroller shall identify school districts and
campuses that use resource allocation practices that contribute to
high academic achievement and cost-effective operations. In
identifying districts and campuses under this section, the
comptroller shall:
(1) evaluate existing academic accountability and
financial data by integrating the data;
(2) rank the results of the evaluation under
Subdivision (1) to identify the relative performance of districts
and campuses; and
(3) identify potential areas for district and campus
improvement.
Sec. 39.0822. FINANCIAL SOLVENCY REVIEW REQUIRED. (a) The
agency shall develop a review process to anticipate the future
financial solvency of each school district. The review process
shall analyze:
(1) district revenues and expenditures for the
preceding school year; and
(2) projected district revenues and expenditures for
the current school year and the following five school years.
(b) In analyzing the information under Subsection (a), the
review process developed must consider, for the preceding school
year, the current school year, and the following five years, as
appropriate:
(1) student-to-staff ratios relative to expenditures,
including average staff salaries;
(2) the rate of depletion of the district general fund
balance;
(3) the number of students enrolled in the district;
(4) the adopted tax rate of the district;
(5) any independent audit report prepared for the
district; and
(6) actual financial data for the district for the
month of September.
(c) The agency shall consult school district financial
officers in developing the review process under this section.
(d) The agency shall develop a computer software template
for school districts to use in submitting information to the agency
for purposes of this section. Each district shall update
information to the template within the period prescribed by the
commissioner. The commissioner shall adopt rules under this
subsection to allow a district to enter estimates of critical data
into the template before the district adopts its budget. The
template must:
(1) be capable of importing, to the extent
practicable, data a district has previously submitted to the
agency;
(2) include an entry space that allows a district to
enter information explaining any irregularity in data submitted;
and
(3) provide alerts for:
(A) a student-to-staff ratio that is
significantly outside the norm;
(B) a rapid depletion of the district general
fund balance; and
(C) a significant discrepancy between actual
budget figures and projected revenues and expenditures.
(e) An alert in the template developed under Subsection (d)
must be developed to notify the agency immediately on the
occurrence of a condition described by Subsection (d)(3). After
the agency is alerted, the agency shall immediately notify the
affected school district regarding the condition triggering the
alert.
Sec. 39.0823. PROJECTED DEFICIT. (a) If the review process
under Section 39.0822 indicates a projected deficit for a school
district general fund within the following five school years, the
district shall provide the agency interim financial reports,
supplemented by staff and student count data, as needed, to
evaluate the district's current budget status.
(b) If the interim financial data provided under Subsection
(a) substantiates the projected deficit, the school district shall
develop a financial plan and submit the plan to the agency for
approval. The agency may approve the plan only if the agency
determines the plan will permit the district to avoid the projected
insolvency.
(c) The commissioner shall assign a school district an
accredited-warned status if:
(1) the district fails to submit a plan as provided by
Subsection (b);
(2) the district fails to obtain approval from the
agency for a plan as provided by Subsection (b);
(3) the district fails to comply with a plan approved
by the agency under Subsection (b); or
(4) the agency determines in a subsequent school year,
based on financial data submitted by the district, that the
approved plan for the district is no longer sufficient or is not
appropriately implemented.
SECTION 26. Section 39.203(b), Education Code,
redesignated by this Act as Section 39.083(b), Education Code, is
amended to read as follows:
(b) The annual financial management report must include:
(1) a description of the district's financial
management performance based on a comparison, provided by the
agency, of the district's performance on the indicators adopted
under Section 39.082(b) [39.202(b)] to:
(A) state-established standards; and
(B) the district's previous performance on the
indicators; [and]
(2) a description of the data submitted using the
computer software template developed under Section 39.0822; and
(3) any descriptive information required by the
commissioner.
SECTION 27. Subchapter G, Chapter 39, Education Code, is
redesignated as Subchapter E, Chapter 39, Education Code, and the
sections in the redesignated subchapter, Sections 39.131, 39.132,
39.1321, 39.1322, 39.1323, 39.1324, 39.1327, 39.133, 39.1331,
39.134, 39.135, 39.136, 39.137, and 39.138, Education Code, are
redesignated as Sections 39.101, 39.102, 39.103, 39.104, 39.105,
39.106, 39.107, 39.108, 39.109, 39.110, 39.111, 39.112, 39.113, and
39.114, Education Code, respectively.
SECTION 28. The heading to Subchapter G, Chapter 39,
Education Code, redesignated by this Act as Subchapter E, Chapter
39, Education Code, is amended to read as follows:
SUBCHAPTER E [G]. ACCREDITATION INTERVENTIONS AND SANCTIONS
SECTION 29. Section 39.131, Education Code, redesignated by
this Act as Section 39.101, Education Code, is amended to read as
follows:
Sec. 39.101 [39.131]. INTERVENTIONS AND SANCTIONS FOR
DISTRICTS. (a) If a school district does not satisfy the
accreditation criteria under Section 39.052 [39.071, the academic
performance standards under Section 39.072,] or any financial
accountability standard as determined by commissioner rule, the
commissioner shall take any of the following actions to the extent
the commissioner determines necessary:
(1) issue public notice of the deficiency to the board
of trustees;
(2) order a hearing conducted by the board of trustees
of the district for the purpose of notifying the public of the
insufficient [unacceptable] performance, the improvements in
performance expected by the agency, and the sanctions that may be
imposed under this section if the performance does not improve;
(3) order the preparation of a student achievement
improvement plan that addresses each student achievement [academic
excellence] indicator under Section 39.053(c) for which the
district's performance is insufficient [unacceptable], the
submission of the plan to the commissioner for approval, and
implementation of the plan;
(4) order a hearing to be held before the commissioner
or the commissioner's designee at which the president of the board
of trustees of the district and the superintendent shall appear and
explain the district's low performance, lack of improvement, and
plans for improvement;
(5) arrange an on-site investigation of the district;
(6) appoint an agency monitor to participate in and
report to the agency on the activities of the board of trustees or
the superintendent;
(7) appoint a conservator to oversee the operations of
the district;
(8) appoint a management team to direct the operations
of the district in areas of insufficient [unacceptable] performance
or require the district to obtain certain services under a contract
with another person;
(9) if a district has a current accreditation status
of accredited-warned or accredited-probation, fails to satisfy any
standard under Section 39.054(d) [is rated academically
unacceptable], or fails to satisfy financial accountability
standards as determined by commissioner rule, appoint a board of
managers to exercise the powers and duties of the board of trustees;
(10) if for two consecutive school years, including
the [current] school year for which performance is currently
determined, a district has received an accreditation status of
accredited-warned or accredited-probation, has failed to satisfy
any standard under Section 39.054(d) [been rated academically
unacceptable], or has failed to satisfy financial accountability
standards as determined by commissioner rule, revoke the district's
accreditation and:
(A) order closure of the district and annex the
district to one or more adjoining districts under Section 13.054;
or
(B) in the case of a home-rule school district or
open-enrollment charter school, order closure of all programs
operated under the district's or school's charter; or
(11) if a district has failed to satisfy any standard
under Section 39.054(d) [been rated academically unacceptable] for
two consecutive school years, including the [current] school year
for which performance is currently determined, due to the
district's dropout rates, impose sanctions designed to improve high
school completion rates, including:
(A) ordering the development of a dropout
prevention plan for approval by the commissioner;
(B) restructuring the district or appropriate
school campuses to improve identification of and service to
students who are at risk of dropping out of school, as defined by
Section 29.081;
(C) ordering lower student-to-counselor ratios
on school campuses with high dropout rates; and
(D) ordering the use of any other intervention
strategy effective in reducing dropout rates, including mentor
programs and flexible class scheduling.
(b) This subsection applies regardless of whether a
district has satisfied the accreditation criteria. If for two
consecutive school years, including the [current] school year for
which the accreditation status is currently determined, a district
has had a conservator or management team assigned, the commissioner
may appoint a board of managers, a majority of whom must be
residents of the district, to exercise the powers and duties of the
board of trustees.
SECTION 30. Section 39.132, Education Code, redesignated by
this Act as Section 39.102, Education Code, is amended to read as
follows:
Sec. 39.102 [39.132]. INTERVENTIONS AND SANCTIONS FOR
LOW-PERFORMING [ACADEMICALLY UNACCEPTABLE] CAMPUSES. If a campus
performance is below any standard under Section 39.054(d)
[39.073(b)], the campus is considered a low-performing [an
academically unacceptable] campus. The commissioner may permit
the campus to participate in an innovative redesign of the campus to
improve campus performance or shall take any of the other following
actions, to the extent the commissioner determines necessary:
(1) issue public notice of the deficiency to the board
of trustees;
(2) order a hearing conducted by the board of trustees
at the campus for the purpose of:
(A) notifying the public of the insufficient
[unacceptable] performance, the improvements in performance
expected by the agency, and the sanctions that may be imposed under
this section if the performance does not improve within a
designated period of time; and
(B) soliciting public comment on the initial
steps being taken to improve performance;
(3) order the preparation of a report regarding the
parental involvement program at the campus and a plan describing
strategies for improving parental involvement at the campus;
(4) order the preparation of a report regarding the
effectiveness of the district- and campus-level planning and
decision-making committees established under Subchapter F, Chapter
11, and a plan describing strategies for improving the
effectiveness of those committees;
(5) order the preparation of a student improvement
plan that addresses each student achievement [academic excellence]
indicator under Section 39.053(c) for which the campus's
performance is insufficient [unacceptable], the submission of the
plan to the commissioner for approval, and implementation of the
plan;
(6) order a hearing to be held before the commissioner
or the commissioner's designee at which the president of the board
of trustees, the superintendent, and the campus principal shall
appear and explain the campus's low performance, lack of
improvement, and plans for improvement; or
(7) appoint a campus intervention team under Section
39.104 [39.1322].
SECTION 31. The heading to Section 39.1321, Education Code,
redesignated by this Act as Section 39.103, Education Code, is
amended to read as follows:
Sec. 39.103 [39.1321]. INTERVENTIONS AND SANCTIONS FOR
CHARTER SCHOOLS.
SECTION 32. Sections 39.1321(a), (b), and (d), Education
Code, redesignated by this Act as Section 39.103(a), (b), and (d),
Education Code, are amended to read as follows:
(a) Interventions and sanctions [Sanctions] authorized
under this chapter for a school district or campus apply in the same
manner to an open-enrollment charter school.
(b) The commissioner shall adopt rules to implement
procedures to impose any intervention or sanction provision under
this chapter as those provisions relate to open-enrollment charter
schools.
(d) If interventions or sanctions are imposed on an
open-enrollment charter school under the procedures provided by
this chapter, a charter school is not entitled to an additional
hearing relating to the modification, placement on probation,
revocation, or denial of renewal of a charter as provided by
Subchapter D, Chapter 12.
SECTION 33. Sections 39.1322(a) and (b), Education Code,
redesignated by this Act as Sections 39.104(a) and (b), Education
Code, are amended to read as follows:
(a) If a campus performance satisfies performance standards
under Section 39.054(d) [is rated academically acceptable] for the
current school year but would not satisfy performance standards
under Section 39.054(d) [be rated as academically unacceptable] if
the [performance] standards to be used for the following school
year were applied to the current school year, the commissioner
shall select and assign a technical assistance team to assist the
campus in executing a school improvement plan and any other school
improvement strategies the commissioner determines
appropriate. The commissioner may waive the requirement to assign
a technical assistance team under this subsection if the
improvement in performance standards among all student groups,
including special populations, over the preceding three years
indicates that the campus is likely to satisfy performance
standards under Section 39.054(d) [be rated academically
acceptable] in the following school year.
(b) If a campus has been identified as a low-performing
campus [academically unacceptable] under Section 39.102 [39.132],
the commissioner shall appoint a campus intervention team.
SECTION 34. Sections 39.1323(a), (b), (e), and (f),
Education Code, redesignated by this Act as Sections 39.105(a),
(b), (e), and (f), Education Code, are amended to read as follows:
(a) A campus intervention team shall:
(1) conduct a comprehensive on-site needs assessment
[evaluation] of the campus as provided by Subsection (b) [to
determine the cause for the campus's low performance and lack of
progress];
(2) recommend appropriate actions as provided by
Subsection (c)[, including reallocation of resources and technical
assistance, changes in school procedures or operations, staff
development for instructional and administrative staff,
intervention for individual administrators or teachers, waivers
from state statute or rule, or other actions the team considers
appropriate];
(3) assist in the development of a school improvement
plan for student achievement; and
(4) assist the commissioner in monitoring the progress
of the campus in implementing the school improvement plan for
improvement of student achievement.
(b) A [campus intervention team assigned under Section
39.1322 to a campus shall conduct a] comprehensive on-site needs
assessment of the campus under Subsection (a) must [to] determine
the causal factors resulting in the campus's low performance and
lack of progress. The team shall use the following guidelines and
procedures in conducting the comprehensive needs assessment of the
campus:
(1) an assessment of the staff to determine the
percentage of certified teachers who are teaching in their field,
the number of teachers with less than three years of experience, and
teacher turnover rates;
(2) compliance with the appropriate class-size rules
and number of class-size waivers received;
(3) an assessment of the quality, quantity, and
appropriateness of instructional materials, including the
availability of technology-based instructional materials;
(4) a report on the parental involvement strategies
and the effectiveness of the strategies;
(5) an assessment of the extent and quality of the
mentoring program provided for new teachers on the campus;
(6) an assessment of the type and quality of the
professional development provided to the staff;
(7) a demographic analysis of the student population,
including student demographics, at-risk populations, and special
education percentages;
(8) a report of disciplinary incidents and school
safety information;
(9) financial and accounting practices;
(10) an assessment of the appropriateness of the
curriculum and teaching strategies; and
(11) any other research-based data or information
obtained from a data collection process that would assist the
campus intervention team in:
(A) recommending an action under Subsection (c);
and
(B) executing a school improvement plan under
Subsection (d).
(e) A campus intervention team [appointed under Section
39.1322(b)]:
(1) shall continue to work with a campus until:
(A) the campus satisfies all performance
standards under Section 39.054(d) [is rated academically
acceptable] for a two-year period; or
(B) the campus satisfies all performance
standards under Section 39.054(d) [is rated academically
acceptable] for a one-year period and the commissioner determines
that the campus is operating and will continue to operate in a
manner that improves student achievement; and
(2) may continually update the school improvement
plan, with approval from the commissioner, to meet the needs of the
campus.
(f) Notwithstanding any other provision of this subchapter,
if the commissioner determines that a campus for which an
intervention is ordered under Section 39.104(b) [39.1322(b)] is not
fully implementing the campus intervention team's recommendations
or school improvement plan, the commissioner may order the
reconstitution of the campus.
SECTION 35. The heading to Section 39.1324, Education Code,
redesignated by this Act as Section 39.106, Education Code, is
amended to read as follows:
Sec. 39.106 [39.1324]. MANDATORY INTERVENTIONS AND
SANCTIONS.
SECTION 36. Sections 39.1324(a), (d), (e), and (f),
Education Code, redesignated by this Act as Sections 39.106(a),
(d), (e), and (f), Education Code, are amended to read as follows:
(a) If a campus has been identified as a low-performing
campus under Section 39.102 [academically unacceptable] for two
consecutive school years, including the [current] school year for
which the performance is currently determined, the commissioner
shall order the reconstitution of the campus and assign a campus
intervention team. In reconstituting the campus, a campus
intervention team shall assist the campus in:
(1) developing a school improvement plan;
(2) obtaining approval of the plan from the
commissioner; and
(3) executing the plan on approval by the
commissioner.
(d) Notwithstanding any other provision of this subchapter,
if the commissioner determines that a campus subject to Subsection
(a) is not fully implementing the school improvement plan, the
commissioner may pursue alternative management of the campus under
Section 39.107 [39.1327] or may order closure of the campus.
(e) If a campus is identified as a low-performing campus
under Section 39.102 [considered an academically unacceptable
campus] for the subsequent school year after the campus is
reconstituted under this section, the commissioner shall review the
progress of the campus and may order closure of the campus or pursue
alternative management under Section 39.107 [39.1327].
(f) If a campus is identified as a low-performing campus
under Section 39.102 [considered academically unacceptable] for
two consecutive school years after the campus is reconstituted
under Subsection (a), the commissioner shall order closure of the
campus or pursue alternative management under Section 39.107
[39.1327].
SECTION 37. The heading to Section 39.1327, Education Code,
redesignated by this Act as Section 39.107, Education Code, is
amended to read as follows:
Sec. 39.107 [39.1327]. MANAGEMENT OF CERTAIN LOW-PERFORMING
[ACADEMICALLY UNACCEPTABLE] CAMPUSES.
SECTION 38. Sections 39.1327(a), (b), (c), (d), (e), and
(f), Education Code, redesignated by this Act as Sections
39.107(a), (b), (c), (d), (e), and (f), Education Code, are amended
to read as follows:
(a) A campus may be subject to this section if the campus has
been identified as a low-performing campus under Section 39.102
[academically unacceptable under Section 39.132] and the
commissioner orders alternative management under Section 39.106(d)
[39.1324(d)], (e), or (f).
(b) The commissioner shall solicit proposals from qualified
nonprofit or for profit entities to assume management of a campus
subject to this section or may appoint to assume management of a
campus subject to this section a school district other than the
district in which the campus is located that is located in the
boundaries of the same regional education service center as the
campus is located. A district appointed under this section shall
assume management of a campus subject to this section in the same
manner provided by this section for a qualified [nonprofit] entity
or in accordance with commissioner rule.
(c) If the commissioner determines that the basis for
identifying a campus as a low-performing campus [academically
unacceptable] is limited to a specific condition that may be
remedied with targeted technical assistance, the commissioner may:
(1) provide the campus a one-year waiver under this
section; and
(2) require the district to contract for the
appropriate technical assistance.
(d) The commissioner may annually solicit proposals under
this section for the management of a campus subject to this
section. The commissioner shall notify a qualified [nonprofit]
entity that has been approved as a provider under this
section. The district must execute a contract with an approved
provider and relinquish control of the campus before January 1 of
the school year.
(e) To qualify for consideration as a managing entity under
this section, the entity must submit a proposal that provides
information relating to the entity's management and leadership team
that will participate in management of the campus under
consideration, including information relating to individuals that
have:
(1) documented success in whole school interventions
that increased the educational and performance levels of students
in low-performing [academically unacceptable] campuses;
(2) a proven record of effectiveness with programs
assisting low-performing students;
(3) a proven ability to apply research-based school
intervention strategies;
(4) a proven record of financial ability to perform
under the management contract; and
(5) any other experience or qualifications the
commissioner determines necessary.
(f) In selecting a managing entity under this section, the
commissioner shall give preference to a qualified [nonprofit]
entity that:
(1) meets any qualifications under this section; and
(2) has documented success in educating students from
similar demographic groups and with similar educational needs as
the students who attend the campus that is to be operated by a
managing entity under this section.
SECTION 39. Section 39.133, Education Code, redesignated by
this Act as Section 39.108, Education Code, is amended to read as
follows:
Sec. 39.108 [39.133]. ANNUAL REVIEW. The commissioner
shall review annually the performance of a district or campus
subject to this subchapter to determine the appropriate actions to
be implemented under this subchapter. The commissioner must review
at least annually the performance of a district for which the
accreditation status [rating] has been lowered due to insufficient
[unacceptable] student performance and may not raise the
accreditation status [rating] until the district has demonstrated
improved student performance. If the review reveals a lack of
improvement, the commissioner shall increase the level of state
intervention and sanction unless the commissioner finds good cause
for maintaining the current status.
SECTION 40. Section 39.1331, Education Code, redesignated
by this Act as Section 39.109, Education Code, is amended to read as
follows:
Sec. 39.109 [39.1331]. ACQUISITION OF PROFESSIONAL
SERVICES. In addition to other interventions and sanctions
authorized under Sections 39.101 [39.131] and 39.102 [39.132], the
commissioner may order a school district or campus to acquire
professional services at the expense of the district or campus to
address the applicable financial, assessment, data quality,
program, or governance deficiency. The commissioner's order may
require the district or campus to:
(1) select an external auditor, data quality expert,
professional authorized to monitor district assessment instrument
administration, or curriculum or program expert; or
(2) provide for the appropriate training of district
staff or board of trustees members in the case of a district, or
campus staff, in the case of a campus.
SECTION 41. Section 39.134, Education Code, redesignated by
this Act as Section 39.110, Education Code, is amended to read as
follows:
Sec. 39.110 [39.134]. COSTS PAID BY DISTRICT. The costs of
providing a monitor, conservator, management team, campus
intervention team, technical assistance team, managing entity
under Section 39.107 [39.1327], or service provider under Section
39.109 [39.1331] shall be paid by the district. If the district
fails or refuses to pay the costs in a timely manner, the
commissioner may:
(1) pay the costs using amounts withheld from any
funds to which the district is otherwise entitled; or
(2) recover the amount of the costs in the manner
provided for recovery of an overallocation of state funds under
Section 42.258.
SECTION 42. Section 39.135(c), Education Code,
redesignated by this Act as Section 39.111(c), Education Code, is
amended to read as follows:
(c) A conservator or management team, if directed by the
commissioner, shall prepare a plan for the implementation of action
under Section 39.101(a)(9) or (10) [39.131(a)(9) or (10)]. The
conservator or management team:
(1) may direct an action to be taken by the principal
of a campus, the superintendent of the district, or the board of
trustees of the district;
(2) may approve or disapprove any action of the
principal of a campus, the superintendent of the district, or the
board of trustees of the district;
(3) may not take any action concerning a district
election, including ordering or canceling an election or altering
the date of or the polling places for an election;
(4) may not change the number of or method of selecting
the board of trustees;
(5) may not set a tax rate for the district; and
(6) may not adopt a budget for the district that
provides for spending a different amount, exclusive of required
debt service, from that previously adopted by the board of
trustees.
SECTION 43. Subchapter K, Chapter 39, Education Code, is
redesignated as Subchapter F, Chapter 39, Education Code, and the
sections in the redesignated subchapter, Sections 39.301 and
39.302, are redesignated as Sections 39.151 and 39.152, Education
Code.
SECTION 44. The heading to Subchapter K, Chapter 39,
Education Code, redesignated by this Act as Subchapter F, Chapter
39, Education Code, is amended to read as follows:
SUBCHAPTER F [K]. PROCEDURES FOR CHALLENGE OF ACCREDITATION
STATUS, ACCOUNTABILITY DETERMINATION, INTERVENTION, [RATING] OR
SANCTION
SECTION 45. The heading to Section 39.301, Chapter 39,
Education Code, redesignated by this Act as Section 39.151,
Education Code, is amended to read as follows:
Sec. 39.151 [39.301]. REVIEW BY COMMISSIONER:
ACCREDITATION STATUS OR ACCOUNTABILITY DETERMINATION [RATINGS].
SECTION 46. Sections 39.301(a), (b), and (e), Chapter 39,
Education Code, redesignated by this Act as Sections 39.151(a),
(b), and (e), Education Code, are amended to read as follows:
(a) The commissioner by rule shall provide a process for a
school district or open-enrollment charter school to challenge an
agency decision made under this chapter relating to an
accreditation status determination or other determination made
under this chapter regarding the academic or financial performance
of [accountability rating that affects] the district or school.
(b) The rules under Subsection (a) must provide for the
commissioner to appoint a committee to make recommendations to the
commissioner on a challenge made to an agency decision relating to
an accreditation status determination, academic performance
determination, or financial accountability rating. The
commissioner may not appoint an agency employee as a member of the
committee.
(e) A school district or open-enrollment charter school may
not challenge an agency decision relating to an accreditation
status determination or other determination made under this chapter
regarding the academic or financial performance of the district or
school [accountability rating under this chapter] in another
proceeding if the district or school has had an opportunity to
challenge the decision under this section.
SECTION 47. Chapter 39, Education Code, is amended by
adding Subchapter G to read as follows:
SUBCHAPTER G. DISTINCTION DESIGNATIONS
Sec. 39.201. CAMPUS DISTINCTION DESIGNATIONS. (a) The
commissioner shall award a campus a distinction designation if the
campus is ranked in the top 25 percent of campuses in the state in
annual improvement in student achievement as determined under
Section 39.034.
(b) In addition to the distinction designation described by
Subsection (a), the commissioner shall award a campus a distinction
designation if the campus demonstrates an ability to significantly
diminish or eliminate performance differentials between student
subpopulations. The commissioner shall adopt rules related to the
distinction designation under this subsection to ensure that a
campus does not artificially diminish or eliminate performance
differentials through inhibiting the achievement of the highest
achieving student subpopulation.
(c) In addition to the distinction designations described
by Subsections (a) and (b), a campus that satisfies the criteria
developed under Section 39.202 shall be awarded a distinction
designation by the commissioner for the following programs or the
following specific categories of performance:
(1) academic achievement;
(2) fine arts;
(3) physical education;
(4) 21st Century Workforce Development program; and
(5) second language acquisition program.
(d) A campus may not be awarded a distinction designation
under this subchapter unless the campus is assigned an
accreditation status of accredited under Section 39.052.
Sec. 39.202. CAMPUS DISTINCTION DESIGNATION CRITERIA;
COMMITTEES. (a) The commissioner by rule shall establish:
(1) standards for considering campuses for
distinction designations under Section 39.201(c); and
(2) methods for awarding distinction designations to
campuses.
(b) In adopting rules under this section, the commissioner
shall establish a separate committee to develop criteria for each
distinction designation under Section 39.201(c).
(c) Each committee established under this section must
include:
(1) individuals who practice as professionals in the
content area relevant to the distinction designation, as
applicable;
(2) individuals with subject matter expertise in the
content area relevant to the distinction designation;
(3) educators with subject matter expertise in the
content area relevant to the distinction designation; and
(4) community leaders, including leaders from the
business community.
(d) For each committee, the governor, lieutenant governor,
and speaker of the house of representatives may each appoint a
person described by each subdivision of Subsection (c).
(e) In developing criteria for distinction designations
under this section, each committee shall:
(1) identify a variety of indicators for measuring
excellence; and
(2) consider categories for distinction designations,
with criteria relevant to each category, based on:
(A) the level of a program, whether elementary
school, middle or junior high school, or high school; and
(B) the student enrollment of a campus.
SECTION 48. Subchapter F, Chapter 39, Education Code, is
redesignated as Subchapter H, Chapter 39, Education Code, and the
sections in the redesignated subchapter, Sections 39.111, 39.112,
39.113, 39.114, 39.115, and 39.116, are redesignated as Sections
39.231, 39.232, 39.233, 39.234, 39.235, and 39.236, Education Code,
respectively.
SECTION 49. Section 39.111, Education Code, redesignated by
this Act as Section 39.231, Education Code, is amended to read as
follows:
Sec. 39.231 [39.111]. RECOGNITION AND REWARDS. The State
Board of Education shall develop a plan for recognizing and
rewarding school [districts and] campuses that receive a
distinction designation under Subchapter G and develop [are rated
as exemplary or recognized and for developing] a network for
sharing proven successful practices statewide and regionally. The
reward may be used to provide educators with summer stipends to
develop curricula based on the cited successful strategies. The
educators may copyright the curricula they develop.
SECTION 50. Section 39.112, Education Code, redesignated by
this Act as Section 39.232, Education Code, is amended to read as
follows:
Sec. 39.232 [39.112]. DISTINCTION [EXCELLENCE] EXEMPTIONS.
(a) Except as provided by Subsection (b), a school campus [or
district] that holds a distinction designation under Section
39.201(a) or (c)(1) [is rated exemplary] is exempt from
requirements and prohibitions imposed under this code including
rules adopted under this code.
(b) A school campus [or district] is not exempt under this
section from:
(1) a prohibition on conduct that constitutes a
criminal offense;
(2) requirements imposed by federal law or rule,
including requirements for special education or bilingual
education programs; or
(3) a requirement, restriction, or prohibition
relating to:
(A) curriculum essential knowledge and skills
under Section 28.002 or high school [minimum] graduation
requirements under Section 28.025;
(B) public school accountability as provided by
Subchapters B, C, E [D], and J [G];
(C) extracurricular activities under Section
33.081;
(D) health and safety under Chapter 38;
(E) purchasing [competitive bidding] under
Subchapter B, Chapter 44;
(F) elementary school class size limits, except
as provided by Subsection (d) or Section 25.112;
(G) removal of a disruptive student from the
classroom under Subchapter A, Chapter 37;
(H) at risk programs under Subchapter C, Chapter
29;
(I) prekindergarten programs under Subchapter E,
Chapter 29;
(J) rights and benefits of school employees;
(K) special education programs under Subchapter
A, Chapter 29; or
(L) bilingual education programs under
Subchapter B, Chapter 29.
(c) The agency shall monitor and evaluate deregulation of a
school campus [or district] under this section and Section 7.056.
(d) The commissioner may exempt a [an exemplary] school
campus that receives a distinction designation under Section
39.201(a) or (c)(1) from elementary class size limits under this
section if the school campus submits to the commissioner a written
plan showing steps that will be taken to ensure that the exemption
from the class size limits will not be harmful to the academic
achievement of the students on the school campus. The commissioner
shall review achievement levels annually. The exemption remains in
effect until the commissioner determines that achievement levels of
the campus have declined.
SECTION 51. Section 39.113(a), Education Code,
redesignated by this Act as Section 39.233(a), Education Code, is
amended to read as follows:
(a) The agency shall:
(1) develop standards for evaluating the success and
cost-effectiveness of high school completion and success and
college readiness programs implemented under Section 39.234
[39.114];
(2) provide guidance for school districts and campuses
in establishing and improving high school completion and success
and college readiness programs implemented under Section 39.234
[39.114]; and
(3) develop standards for selecting and methods for
recognizing school districts and campuses that offer exceptional
high school completion and success and college readiness programs
under Section 39.234 [39.114].
SECTION 52. Section 39.114(b), Education Code,
redesignated by this Act as Section 39.234(b), Education Code, is
amended to read as follows:
(b) A school district may use funds allocated under Section
42.2516(b)(3) on any instructional program in grades six through 12
other than an athletic program if:
(1) the district's measure of progress toward college
readiness is determined exceptional by a standard set [district is
recognized as exceptional] by the commissioner [under the academic
accountability indicator adopted under Section 39.051(b)(13)]; and
(2) the district's completion rates for grades nine
through 12 [meet or] exceed completion rate standards required by
the commissioner to achieve a status of accredited under Section
39.051 [rating of exemplary under Section 39.072].
SECTION 53. Section 39.115(a), Education Code,
redesignated by this Act as Section 39.235(a), Education Code, is
amended to read as follows:
(a) From funds appropriated for that purpose, the
commissioner may establish a grant program under which grants are
awarded to secondary campuses and school districts to support:
(1) the implementation of innovative high school
improvement programs that are based on the best available research
regarding high school reform, dropout prevention, and preparing
students for postsecondary coursework or employment;
(2) enhancing education practices that have been
demonstrated by significant evidence of effectiveness; and
(3) the alignment of grants and programs to the
strategic plan adopted under Section 39.407 [39.357].
SECTION 54. Section 39.116, Education Code, redesignated by
this Act as Section 39.236, Education Code, is amended to read as
follows:
Sec. 39.236 [39.116]. INITIATIVE FOR RETAINING QUALITY
EDUCATORS. Notwithstanding Section 39.106(b) [39.1324(b)], a
school district, to assist in preventing dropouts and disruptions
that may result from certain mandatory sanctions, may retain at a
campus a principal who has been employed at the campus as a
principal during the two-year period described by Section 39.106(a)
[39.1324(a)] if the students enrolled at the campus have
demonstrated a pattern of significant academic improvement.
SECTION 55. Subchapter E, Chapter 39, Education Code, is
redesignated as Subchapter I, Chapter 39, Education Code, and the
sections in the redesignated subchapter, Sections 39.091, 39.092,
39.093, 39.094, 39.095, and 39.096, are redesignated as Sections
39.261, 39.262, 39.263, 39.264, 39.265, and 39.266, Education Code,
respectively.
SECTION 56. Section 39.093, Education Code, redesignated by
this Act as Section 39.263, Education Code, is amended by amending
Subsection (a) and adding Subsection (a-1) to read as follows:
(a) The criteria that the commissioner shall use to select
successful schools and districts must be related to the goals in
Section 4.002 and must include:
(1) for districts and campuses, consideration of
performance on the student achievement [academic excellence]
indicators adopted under Section 39.053(c); and
(2) for campuses, consideration of the distinction
designation criteria prescribed by or developed under Subchapter G
[39.051].
(a-1) For purposes of selecting schools and districts under
Section 39.262(a) [39.092(a)], each school's performance shall be
compared to state standards and to its previous performance.
SECTION 57. Chapter 39, Education Code, is amended by
adding Subchapter J to read as follows:
SUBCHAPTER J. PARENT AND EDUCATOR REPORTS
Sec. 39.301. ADDITIONAL PERFORMANCE INDICATORS: REPORTING.
(a) In addition to the indicators adopted under Section 39.053, the
commissioner shall adopt indicators of the quality of learning on a
campus for the purpose of preparing reports under this chapter. The
commissioner biennially shall review the indicators for the
consideration of appropriate revisions.
(b) Performance on the indicators adopted under this
section shall be evaluated in the same manner provided for
evaluation of the student achievement indicators under Section
39.053(b).
(c) Indicators for reporting purposes must include:
(1) the percentage of graduating students who meet the
course requirements established for the Texas Diploma high school
program by State Board of Education rule;
(2) the results of the Scholastic Assessment Test
(SAT), the American College Test (ACT), articulated postsecondary
degree programs described by Section 61.852, and certified
workforce training programs described by Chapter 311, Labor Code;
(3) for students who have failed to perform
satisfactorily, as determined under the college readiness
performance standard under Section 39.0241, on an assessment
instrument required under Section 39.023(a) or (c), the numerical
progress of those students grouped by percentage on subsequent
assessment instruments required under those sections, aggregated
by grade level and subject area;
(4) the percentage of students, aggregated by grade
level, provided accelerated instruction under Section 28.0211(c),
the results of assessment instruments administered under that
section, the percentage of students promoted through the grade
placement committee process under Section 28.0211, the subject of
the assessment instrument on which each student failed to perform
satisfactorily, and the performance of those students in the school
year following that promotion on the assessment instruments
required under Section 39.023;
(5) the percentage of students exempted, by exemption
category, from the assessment program generally applicable under
this chapter;
(6) the percentage of students of limited English
proficiency exempted from the administration of an assessment
instrument under Sections 39.027(a)(3) and (4);
(7) the percentage of students in a special education
program under Subchapter A, Chapter 29, assessed through assessment
instruments developed or adopted under Section 39.023(b);
(8) the measure of progress toward college readiness;
and
(9) the measure of progress toward dual language
proficiency under Section 39.034(b), for students of limited
English proficiency, as defined by Section 29.052.
(d) Performance on the indicators described by Subsections
(c)(3), (4), and (9) must be based on longitudinal student data that
is disaggregated by the bilingual education or special language
program, if any, in which students of limited English proficiency,
as defined by Section 29.052, are or former students of limited
English proficiency were enrolled. If a student described by this
subsection is not or was not enrolled in specialized language
instruction, the number and percentage of those students shall be
provided.
(e) Section 39.055 applies in determining the performance
of a school district or campus on an indicator described by
Subsection (c).
Sec. 39.302. REPORT TO DISTRICT: COMPARISONS FOR ANNUAL
PERFORMANCE ASSESSMENT. (a) The agency shall report to each school
district the comparisons of student performance made under Section
39.034.
(b) To the extent practicable, the agency shall combine the
report of comparisons with the report of the student's performance
on assessment instruments under Section 39.023.
Sec. 39.303. REPORT TO PARENTS. (a) The school district a
student attends shall provide a record of the comparisons made
under Section 39.034 and provided to the district under Section
39.302 in a written notice to the student's parent or other person
standing in parental relationship.
(b) For a student who failed to perform satisfactorily as
determined under the college readiness performance standard under
Section 39.0241 on an assessment instrument administered under
Section 39.023(a), (c), or (l), the school district shall include
in the notice specific information relating to access to online
educational resources at the appropriate assessment instrument
content level, including educational resources described by
Section 32.252(b)(2) and assessment instruments questions and
answers released under Section 39.023(e).
Sec. 39.304. TEACHER REPORT CARD. Each school district
shall prepare a report of the comparisons made under Section 39.034
and provided to the district under 39.302 and provide the report to
each teacher for all students who:
(1) were assessed on an assessment instrument under
Section 39.023; and
(2) were provided instruction by that teacher in the
subject for which the assessment instrument was administered under
Section 39.023.
Sec. 39.305. CAMPUS REPORT CARD. (a) The agency shall, not
later than August 1 of each year, report the performance of each
campus in a school district on the basis of the campus's performance
on the indicators described by Section 39.053(c).
(b) Each school year, the agency shall prepare and
distribute to each school district a report card for each campus.
The campus report cards must be based on the most current data
available disaggregated by student groups. Campus performance must
be compared to previous campus and district performance, current
district performance, state-established standards, and comparable
campus group performance.
(c) The report card shall include the following
information:
(1) where applicable, the student achievement
indicators described by Section 39.053(c) and the reporting
indicators described by Sections 39.301(c)(1) through (4);
(2) average class size by grade level and subject;
(3) the administrative and instructional costs per
student, computed in a manner consistent with Section 44.0071; and
(4) the district's instructional expenditures ratio
and instructional employees ratio computed under Section 44.0071,
and the statewide average of those ratios, as determined by the
commissioner.
(d) The commissioner shall adopt rules requiring
dissemination of the information required under Subsection (c)(4)
and appropriate class size and student performance portions of
campus report cards annually to the parent of or other person
standing in parental relationship to each student at the campus. On
written request, the school district shall provide a copy of a
campus report card to any other party.
Sec. 39.306. PERFORMANCE REPORT. (a) Each board of
trustees shall publish an annual report describing the educational
performance of the school district and of each campus in the
district that includes uniform student performance and descriptive
information as determined under rules adopted by the commissioner.
The annual report must also include:
(1) campus performance objectives established under
Section 11.253 and the progress of each campus toward those
objectives, which shall be available to the public;
(2) information indicating the district's
accreditation status and identifying each district campus awarded a
distinction designation under Subchapter G or considered a
low-performing campus under Section 39.102;
(3) the district's current special education
compliance status with the agency;
(4) a statement of the number, rate, and type of
violent or criminal incidents that occurred on each district
campus, to the extent permitted under the Family Educational Rights
and Privacy Act of 1974 (20 U.S.C. Section 1232g);
(5) information concerning school violence prevention
and violence intervention policies and procedures that the district
is using to protect students;
(6) the findings that result from evaluations
conducted under the Safe and Drug-Free Schools and Communities Act
of 1994 (20 U.S.C. Section 7101 et seq.); and
(7) information received under Section 51.403(e) for
each high school campus in the district, presented in a form
determined by the commissioner.
(b) Supplemental information to be included in the report
shall be determined by the board of trustees. Performance
information in the annual report on the indicators described by
Sections 39.053 and 39.301 and descriptive information required by
this section shall be provided by the agency.
(c) The board of trustees shall hold a hearing for public
discussion of the report. The board of trustees shall give notice
of the hearing to property owners in the school district and parents
of and other persons standing in parental relation to a district
student. The notification must include notice to a newspaper of
general circulation in the district and notice to electronic media
serving the district. After the hearing the report shall be widely
disseminated within the district in a manner to be determined under
rules adopted by the commissioner.
(d) The report must also include a comparison provided by
the agency of:
(1) the performance of each campus to its previous
performance and to state-established standards;
(2) the performance of each school district to its
previous performance and to state-established standards; and
(3) the performance of each campus or district to
comparable campus group or district performance.
(e) The report may include the following information:
(1) student information, including total enrollment,
enrollment by ethnicity, socioeconomic status, and grade groupings
and retention rates;
(2) financial information, including revenues and
expenditures;
(3) staff information, including number and type of
staff by sex, ethnicity, years of experience, and highest degree
held, teacher and administrator salaries, and teacher turnover;
(4) program information, including student enrollment
by program, teachers by program, and instructional operating
expenditures by program; and
(5) the number of students placed in a disciplinary
alternative education program under Chapter 37.
(f) The State Board of Education by rule shall authorize the
combination of this report with other reports and financial
statements and shall restrict the number and length of reports that
school districts, district employees, and school campuses are
required to prepare.
(g) The report must include a statement of the amount, if
any, of the school district's unencumbered surplus fund balance as
of the last day of the preceding fiscal year and the percentage of
the preceding year's budget that the surplus represents.
Sec. 39.307. USES OF PERFORMANCE REPORT. The information
required to be reported under Section 39.306 shall be:
(1) the subject of public hearings or meetings
required under Sections 11.252, 11.253, and 39.306;
(2) a primary consideration in school district and
campus planning; and
(3) a primary consideration of:
(A) the State Board of Education in the
evaluation of the performance of the commissioner;
(B) the commissioner in the evaluation of the
performance of the directors of the regional education service
centers;
(C) the board of trustees of a school district in
the evaluation of the performance of the superintendent of the
district; and
(D) the superintendent in the evaluation of the
performance of the district's campus principals.
Sec. 39.308. ANNUAL AUDIT OF DROPOUT RECORDS; REPORT. (a)
The commissioner shall develop a process for auditing school
district dropout records electronically. The commissioner shall
also develop a system and standards for review of the audit or use
systems already available at the agency. The system must be
designed to identify districts that are at high risk of having
inaccurate dropout records and that, as a result, require on-site
monitoring of dropout records.
(b) If the electronic audit of a district's dropout records
indicates that a district is not at high risk of having inaccurate
dropout records, the district may not be subject to on-site
monitoring under this section.
(c) If the risk-based system indicates that a district is at
high risk of having inaccurate dropout records, the district is
entitled to an opportunity to respond to the commissioner's
determination before on-site monitoring may be conducted. The
district must respond not later than the 30th day after the date the
commissioner notifies the district of the commissioner's
determination. If the district's response does not change the
commissioner's determination that the district is at high risk of
having inaccurate dropout records or if the district does not
respond in a timely manner, the commissioner shall order agency
staff to conduct on-site monitoring of the district's dropout
records.
(d) The commissioner shall notify the board of trustees of a
school district of any objection the commissioner has to the
district's dropout data, any violation of sound accounting
practices or of a law or rule revealed by the data, or any
recommendation by the commissioner concerning the data. If the
data reflect that a penal law has been violated, the commissioner
shall notify the county attorney, district attorney, or criminal
district attorney, as appropriate, and the attorney general.
(e) The commissioner is entitled to access to all district
records the commissioner considers necessary or appropriate for the
review, analysis, or approval of district dropout data.
SECTION 58. Subchapter H, Chapter 39, Education Code, is
redesignated as Subchapter K, Chapter 39, Education Code, and the
sections in the redesignated subchapter, Sections 39.181, 39.182,
39.183, 39.184, and 39.185, are redesignated as Sections 39.331,
39.332, 39.333, 39.334, and 39.335, Education Code, respectively.
SECTION 59. Section 39.182, Education Code, redesignated by
this Act as Section 39.332, Education Code, is amended to read as
follows:
Sec. 39.332 [39.182]. COMPREHENSIVE ANNUAL REPORT.
(a) Not later than December 1 of each year, the agency shall
prepare and deliver to the governor, the lieutenant governor, the
speaker of the house of representatives, each member of the
legislature, the Legislative Budget Board, and the clerks of the
standing committees of the senate and house of representatives with
primary jurisdiction over the public school system a comprehensive
report covering the preceding school year and containing the
information described by Subsection (b).
(b) [:] (1) The report must contain an evaluation of the
achievements of the state educational program in relation to the
statutory goals for the public education system under Section
4.002.[;]
(2) The report must contain an evaluation of the
status of education in the state as reflected by:
(A) the student achievement [academic
excellence] indicators described by [adopted under] Section 39.053
[39.051]; and
(B) the reporting indicators described by
Section 39.301.
(3) The report must contain a summary compilation of
overall student performance on academic skills assessment
instruments required by Section 39.023 with the number and
percentage of students exempted from the administration of those
instruments and the basis of the exemptions, aggregated by grade
level, subject area, campus, and district, with appropriate
interpretations and analysis, and disaggregated by race,
ethnicity, gender, and socioeconomic status.[;]
(4) The report must contain a summary compilation of
overall performance of students placed in a disciplinary
alternative education program established under Section 37.008 on
academic skills assessment instruments required by Section 39.023
with the number of those students exempted from the administration
of those instruments and the basis of the exemptions, aggregated by
district, grade level, and subject area, with appropriate
interpretations and analysis, and disaggregated by race,
ethnicity, gender, and socioeconomic status.[;]
(5) The report must contain a summary compilation of
overall performance of students at risk of dropping out of school,
as defined by Section 29.081(d), on academic skills assessment
instruments required by Section 39.023 with the number of those
students exempted from the administration of those instruments and
the basis of the exemptions, aggregated by district, grade level,
and subject area, with appropriate interpretations and analysis,
and disaggregated by race, ethnicity, gender, and socioeconomic
status.[;]
(6) The report must contain an evaluation of the
correlation between student grades and student performance on
academic skills assessment instruments required by Section
39.023.[;]
(7) The report must contain a statement of the dropout
rate of students in grade levels 7 through 12, expressed in the
aggregate and by grade level, and a statement of the completion
rates of students for grade levels 9 through 12.[;]
(8) The report must contain a statement of:
(A) the completion rate of students who enter
grade level 9 and graduate not more than four years later;
(B) the completion rate of students who enter
grade level 9 and graduate, including students who require more
than four years to graduate;
(C) the completion rate of students who enter
grade level 9 and not more than four years later receive a high
school equivalency certificate;
(D) the completion rate of students who enter
grade level 9 and receive a high school equivalency certificate,
including students who require more than four years to receive a
certificate; and
(E) the number and percentage of all students who
have not been accounted for under Paragraph (A), (B), (C), or
(D).[;]
(9) The report must contain a statement of the
projected cross-sectional and longitudinal dropout rates for grade
levels 9 through 12 for the next five years, assuming no state
action is taken to reduce the dropout rate.[;]
(10) The report must contain a description of a
systematic, measurable plan for reducing the projected
cross-sectional and longitudinal dropout rates to five percent or
less for the 1997-1998 school year.[;]
(11) The report must contain a summary of the
information required by Section 29.083 regarding grade level
retention of students and information concerning:
(A) the number and percentage of students
retained; and
(B) the performance of retained students on
assessment instruments required under Section 39.023(a).[;]
(12) The report must contain information, aggregated
by district type and disaggregated by race, ethnicity, gender, and
socioeconomic status, on:
(A) the number of students placed in a
disciplinary alternative education program established under
Section 37.008;
(B) the average length of a student's placement
in a disciplinary alternative education program established under
Section 37.008;
(C) the academic performance of students on
assessment instruments required under Section 39.023(a) during the
year preceding and during the year following placement in a
disciplinary alternative education program; and
(D) the dropout rates of students who have been
placed in a disciplinary alternative education program established
under Section 37.008.[;]
(13) The report must contain a list of each school
district or campus that does not satisfy performance standards,
with an explanation of the actions taken by the commissioner to
improve student performance in the district or campus and an
evaluation of the results of those actions.[;]
(14) The report must contain an evaluation of the
status of the curriculum taught in public schools, with
recommendations for legislative changes necessary to improve or
modify the curriculum required by Section 28.002.[;]
(15) The report must contain a description of all
funds received by and each activity and expenditure of the
agency.[;]
(16) The report must contain a summary and analysis of
the instructional expenditures ratios and instructional employees
ratios of school districts computed under Section 44.0071.[;]
(17) The report must contain a summary of the effect
of deregulation, including exemptions and waivers granted under
Section 7.056 or 39.232. [39.112;]
(18) The report must contain a statement of the total
number and length of reports that school districts and school
district employees must submit to the agency, identifying which
reports are required by federal statute or rule, state statute, or
agency rule, and a summary of the agency's efforts to reduce overall
reporting requirements.[;]
(19) The report must contain a list of each school
district that is not in compliance with state special education
requirements, including:
(A) the period for which the district has not
been in compliance;
(B) the manner in which the agency considered the
district's failure to comply in determining the district's
accreditation status; and
(C) an explanation of the actions taken by the
commissioner to ensure compliance and an evaluation of the results
of those actions.[;]
(20) The report must contain a comparison of the
performance of open-enrollment charter schools and school
districts on the student achievement [academic excellence]
indicators described by Section 39.053(c), the reporting
indicators described by Section 39.301(c), [specified in Section
39.051(b)] and the accountability measures adopted under Section
39.053(i) [39.051(g)], with a separately aggregated comparison of
the performance of open-enrollment charter schools predominantly
serving students at risk of dropping out of school, as described
[defined] by Section 29.081(d), with the performance of school
districts.[;]
(21) The report must contain a summary of the
information required by Section 38.0141 regarding student health
and physical activity from each school district.[;]
(22) The report must contain a summary compilation of
overall student performance under the assessment system developed
to evaluate the longitudinal academic progress as required by
Section 39.027(e), disaggregated by bilingual education or special
language program instructional model, if any.[; and]
(23) The report must contain any additional
information considered important by the commissioner or the State
Board of Education.
(c) [(b)] In reporting the information required by
Subsection (b)(3) or (4) [(a)(3) or (4)], the agency may separately
aggregate the performance data of students enrolled in a special
education program under Subchapter A, Chapter 29.
(d) [(b-1)] In reporting the information required by
Subsections (b)(3), (5), and (7) [(a)(3), (5), and (7)], the agency
shall separately aggregate the longitudinal performance data of all
students identified as students of limited English proficiency, as
defined by Section 29.052, or former students of limited English
proficiency, disaggregated by bilingual education or special
language program instructional model, if any, in which the students
are or were enrolled.
(e) [(c)] Each report must contain the most recent data
available.
SECTION 60. Section 39.183, Education Code, redesignated by
this Act as Section 39.333, Education Code, is amended to read as
follows:
Sec. 39.333 [39.183]. REGIONAL AND DISTRICT LEVEL REPORT.
The agency shall prepare and deliver to the governor, the
lieutenant governor, the speaker of the house of representatives,
each member of the legislature, the Legislative Budget Board, and
the clerks of the standing committees of the senate and house of
representatives with primary jurisdiction over the public school
system a regional and district level report covering the preceding
two school years and containing:
(1) a summary of school district compliance with the
student/teacher ratios and class-size limitations prescribed by
Sections 25.111 and 25.112, including:
(A) the number of campuses and classes at each
campus granted an exception from Section 25.112; and
(B) for [the performance rating under Subchapter
D of] each campus granted an exception from Section 25.112, a
statement of whether the campus has been awarded a distinction
designation under Subchapter G or has been identified as a
low-performing campus under Section 39.102;
(2) a summary of the exemptions and waivers granted to
campuses and school districts under Section 7.056 or 39.232
[39.112] and a review of the effectiveness of each campus or
district following deregulation;
(3) an evaluation of the performance of the system of
regional education service centers based on the indicators adopted
under Section 8.101 and client satisfaction with services provided
under Subchapter B, Chapter 8;
(4) an evaluation of accelerated instruction programs
offered under Section 28.006, including an assessment of the
quality of such programs and the performance of students enrolled
in such programs; and
(5) the number of classes at each campus that are
currently being taught by individuals who are not certified in the
content areas of their respective classes.
SECTION 61. Section 39.185, Education Code, redesignated by
this Act as Section 39.335, Education Code, is amended to read as
follows:
Sec. 39.335 [39.185]. INTERIM REPORT. Not later than
December 1 of each odd-numbered year, the agency shall prepare and
deliver to the governor, the lieutenant governor, the speaker of
the house of representatives, each member of the legislature, the
Legislative Budget Board, and the clerks of the standing committees
of the senate and house of representatives with primary
jurisdiction over the public school system an interim report
containing, for the previous school year, the information required
by Section 39.333(2) [39.183(2)].
SECTION 62. Subchapter J, Chapter 39, Education Code, is
redesignated as Subchapter L, Chapter 39, Education Code, and
amended to read as follows:
SUBCHAPTER L [J]. NOTICE OF PERFORMANCE
Sec. 39.361 [39.251]. NOTICE IN STUDENT GRADE REPORT. The
first written notice of a student's performance that a school
district gives during a school year as required by Section
28.022(a)(2) must include [the following information]:
(1) a statement of whether the campus at which the
student is enrolled has been awarded a distinction designation
under Subchapter G or has been identified as a low-performing
campus under Section 39.102 [the most recent performance rating of
the campus at which the student is enrolled, as determined under
Section 39.072]; and
(2) an explanation of the significance of the
information provided under Subdivision (1) [a definition and
explanation of each performance rating described by Section
39.072(a)].
Sec. 39.362 [39.252]. NOTICE ON DISTRICT WEBSITE. Not
later than the 10th day after the first day of instruction of each
school year, a school district that maintains an Internet website
shall make the following information available to the public on the
website:
(1) the information contained in the most recent
campus report card for each campus in the district[, as determined]
under Section 39.305 [39.052];
(2) the information contained in the most recent
performance report for the district[, as determined] under Section
39.306 [39.053];
(3) the most recent accreditation status [performance
rating] of the district[, as determined] under Section 39.052
[39.072]; and
(4) a definition and explanation of each accreditation
status under [performance rating described by] Section 39.051,
based on commissioner rule adopted under that section [39.072(a)].
SECTION 63. Subchapter L, Chapter 39, Education Code, is
redesignated as Subchapter M, Chapter 39, Education Code, and the
sections in the redesignated subchapter, Sections 39.351, 39.352,
39.353, 39.354, 39.355, 39.356, 39.357, 39.358, 39.359, 39.360,
39.361, 39.362, 39.363, 39.364, 39.365, and 39.366, are
redesignated as Sections 39.401, 39.402, 39.403, 39.404, 39.405,
39.406, 39.407, 39.408, 39.409, 39.410, 39.411, 39.412, 39.413,
39.414, 39.415, and 39.416, Education Code, respectively.
SECTION 64. Section 39.353, Education Code, redesignated by
this Act as Section 39.403, Education Code, is amended to read as
follows:
Sec. 39.403 [39.353]. TERMS. Members of the council
appointed under Section 39.402(b)(3) [39.352(b)(3)] serve terms of
two years and may be reappointed for additional terms.
SECTION 65. Section 39.365(b), Education Code,
redesignated by this Act as Section 39.415(b), Education Code, is
amended to read as follows:
(b) Not later than March 1 and September 1 of each year, the
commissioner of education shall prepare and deliver a progress
report to the presiding officers of the standing committees of each
house of the legislature with primary jurisdiction over public
education, the Legislative Budget Board, and the Governor's Office
of Policy and Planning on:
(1) the implementation of Sections 7.031, 21.4511,
21.4541, 21.462, 28.008(d-1), 28.0212(d), 29.095-29.098, 29.911,
29.917-29.919, and 39.235 [39.115] and this subchapter;
(2) the programs supported by grants approved under
this subchapter; and
(3) the alignment of grants and programs to the
strategic plan adopted under Section 39.407 [39.357].
SECTION 66. Section 51.3062, Education Code, is amended by
adding Subsection (q-1) to read as follows:
(q-1) A student who has completed a Texas Diploma or
advanced high school program as determined under Section 28.025 and
demonstrated the performance standard for college readiness as
provided by Section 39.024 on the Algebra II and English III
end-of-course assessment instruments is exempt from the
requirements of this section with respect to those content areas.
The commissioner of higher education by rule shall establish the
period for which an exemption under this subsection is valid.
SECTION 67. Sections 51.803(a), (b), and (d), Education
Code, are amended to read as follows:
(a) Each general academic teaching institution shall admit
an applicant for admission to the institution as an undergraduate
student if the applicant graduated with a grade point average in the
top 10 percent of the student's high school graduating class in one
of the two school years preceding the academic year for which the
applicant is applying for admission and:
(1) the applicant graduated from a public or private
high school in this state accredited by a generally recognized
accrediting organization or from a high school operated by the
United States Department of Defense;
(2) the applicant:
(A) successfully completed:
(i) at a public high school, the curriculum
requirements established under Section 28.025 for the Texas Diploma
[recommended] or advanced high school program; or
(ii) at a high school to which Section
28.025 does not apply, a curriculum that is equivalent in content
and rigor to the Texas Diploma [recommended] or advanced high
school program; or
(B) satisfied ACT's College Readiness Benchmarks
on the ACT assessment applicable to the applicant or earned on the
SAT assessment a score of at least 1,500 out of 2,400 or the
equivalent; and
(3) if the applicant graduated from a high school
operated by the United States Department of Defense, the applicant
is a Texas resident under Section 54.052 or is entitled to pay
tuition fees at the rate provided for Texas residents under Section
54.058(d) for the term or semester to which admitted.
(b) An applicant who does not satisfy the curriculum
requirements prescribed by Subsection (a)(2)(A)(i) or (ii) is
considered to have satisfied those requirements if the student
completed the portion of the Texas Diploma [recommended] or
advanced curriculum or of the curriculum equivalent in content and
rigor, as applicable, that was available to the student but was
unable to complete the remainder of the curriculum solely because
courses necessary to complete the remainder were unavailable to the
student at the appropriate times in the student's high school
career as a result of course scheduling, lack of enrollment
capacity, or another cause not within the student's control.
(d) For purposes of Subsection (c)(2), a student's official
transcript or diploma must, not later than the end of the student's
junior year, indicate:
(1) whether the student has satisfied or is on
schedule to satisfy the requirements of Subsection (a)(2)(A)(i) or
(ii), as applicable; or
(2) if Subsection (b) applies to the student, whether
the student has completed the portion of the Texas Diploma
[recommended] or advanced curriculum or of the curriculum
equivalent in content and rigor, as applicable, that was available
to the student.
SECTION 68. Section 51.807, Education Code, as amended by
Chapters 941 (H.B. 3826) and 1369 (H.B. 3851), Acts of the 80th
Legislature, Regular Session, 2007, is reenacted and amended to
read as follows:
Sec. 51.807. RULEMAKING. (a) To ensure a uniform standard
for admissions under this subchapter, the Texas Higher Education
Coordinating Board shall adopt rules establishing a standard method
for computing a student's high school grade point average. The
method established under this subsection:
(1) must:
(A) be based on a four-point scale; and
(B) assign additional weight for each honors
course, advanced placement course, international baccalaureate
course, or dual credit course completed by the student as the board
considers appropriate, taking into consideration the academic
rigor of each course completed by the student; and
(2) may result in a student having a grade point
average higher than 4.0 on a four-point scale as a result of the
assignment of additional weight for one or more courses completed
by a student under Subdivision (1)(B).
(b) The Texas Higher Education Coordinating Board, after
consulting with the Texas Education Agency, by rule shall establish
standards for determining for purposes of this subchapter:
(1) whether a private high school is accredited by a
generally recognized accrediting organization; and
(2) whether a person completed a high school
curriculum that is equivalent in content and rigor to the
curriculum requirements established under Section 28.025 for the
Texas Diploma [recommended] or advanced high school program.
(c) The board may adopt other rules relating to the
operation of admissions programs under this subchapter, including
rules relating to the identification of eligible students.
(d) The standard method established under Subsection (a)
for computing a student's high school grade point average applies
to computing the grade point average of a student applying as a
first-time freshman for admission to a general academic teaching
institution beginning with admissions for the 2009 fall semester.
This subsection expires January 1, 2010.
SECTION 69. Sections 56.203(a) and (d), Education Code, are
amended to read as follows:
(a) To be eligible for an award through the Early High
School Graduation Scholarship program, a person must:
(1) have graduated from a public high school in this
state:
(A) in not more than 41 consecutive months and
successfully completed the Texas Diploma [recommended] or advanced
high school program established under Section 28.025, if the person
graduated on or after September 1, 2005;
(B) in not more than 46 consecutive months, with
at least 30 hours of college credit, and successfully completed the
Texas Diploma [recommended] or advanced high school program
established under Section 28.025, if the person graduated on or
after September 1, 2005; or
(C) in not more than 36 consecutive months after
successfully completing the requirements for a high school diploma,
if the person graduated before September 1, 2005, regardless of
whether the person successfully completed the Texas Diploma
[recommended] or advanced high school program established under
Section 28.025;
(2) have attended one or more public high schools in
this state for the majority of time the person attended high school;
and
(3) be a citizen of the United States or otherwise
lawfully authorized to be present in the United States.
(d) A person who does not satisfy the curriculum
requirements for the Texas Diploma [recommended] or advanced high
school program as required to establish eligibility under
Subsection (a)(1)(A) or (B) is considered to have satisfied those
requirements if the high school from which the person graduated
indicates on the person's transcript that the person was unable to
complete the appropriate curriculum within the time prescribed by
that subsection solely because of a reason beyond the person's
control, such as lack of enrollment capacity or a shortage of
qualified teachers.
SECTION 70. Section 56.204(a), Education Code, is amended
to read as follows:
(a) An eligible person under the Early High School
Graduation Scholarship program is entitled to a state credit to
apply toward tuition or tuition and mandatory fees, as applicable,
at a public or private institution of higher education in this state
in the following amounts:
(1) $2,000 to apply toward tuition and mandatory fees
if the person successfully completed the Texas Diploma
[recommended] or advanced high school program established under
Section 28.025 and graduated from high school on or after September
1, 2005, in 36 consecutive months or less and an additional $1,000
to apply toward tuition and mandatory fees if the person graduated
with at least 15 hours of college credit;
(2) $500 to apply toward tuition and mandatory fees if
the person successfully completed the Texas Diploma [recommended]
or advanced high school program established under Section 28.025
and graduated from high school on or after September 1, 2005, in
more than 36 consecutive months but not more than 41 consecutive
months and an additional $1,000 to apply toward tuition and
mandatory fees if the person graduated with at least 30 hours of
college credit;
(3) $1,000 to apply toward tuition and mandatory fees
if the person successfully completed the Texas Diploma
[recommended] or advanced high school program established under
Section 28.025 and graduated from high school on or after September
1, 2005, in more than 41 consecutive months but not more than 45
consecutive months with at least 30 hours of college credit; or
(4) $1,000 to apply only toward tuition if the person
graduated before September 1, 2005, after successfully completing
the requirements for a high school diploma in not more than 36
consecutive months.
SECTION 71. Section 56.210(b), Education Code, is amended
to read as follows:
(b) The information provided under Subsection (a) must
include:
(1) the number and type of high school course credits
necessary to satisfy the eligibility requirements for the Early
High School Graduation Scholarship program; and
(2) the appropriate order in which those high school
course credits must be earned to satisfy the eligibility
requirements, including course credits related to the curriculum
for the Texas Diploma [recommended] or advanced high school
program.
SECTION 72. Sections 56.304(a), (f), and (g), Education
Code, are amended to read as follows:
(a) To be eligible initially for a TEXAS grant, a person
must:
(1) be a resident of this state as determined by
coordinating board rules;
(2) meet either of the following academic
requirements:
(A) be a graduate of a public or accredited
private high school in this state who graduated not earlier than the
1998-1999 school year and who completed the Texas Diploma
[recommended] or advanced high school program [curriculum]
established under Section [28.002 or] 28.025 or its equivalent; or
(B) have received an associate degree from a
public or private institution of higher education not earlier than
May 1, 2001;
(3) meet financial need requirements as defined by the
coordinating board;
(4) be enrolled in an undergraduate degree or
certificate program at an eligible institution;
(5) be enrolled as:
(A) an entering undergraduate student for at
least three-fourths of a full course load for an entering
undergraduate student, as determined by the coordinating board, not
later than the 16th month after the date of the person's graduation
from high school; or
(B) an entering student for at least
three-fourths of a full course load for an undergraduate student as
determined by the coordinating board, not later than the 12th month
after the month the person receives an associate degree from a
public or private institution of higher education;
(6) have applied for any available financial aid or
assistance; and
(7) comply with any additional nonacademic
requirement adopted by the coordinating board under this
subchapter.
(f) The requirement in Subsection (a)(2) that a person must
have completed the Texas Diploma [recommended] or advanced high
school program [curriculum] does not apply to a person who:
(1) attended a public high school in a school district
if that district certifies to the commissioner of education that
the high school did not offer all the necessary courses for a person
to complete all parts of the Texas Diploma [recommended] or
advanced high school program [curriculum]; and
(2) completed all courses at the high school offered
toward the completion of the Texas Diploma [recommended] or
advanced high school program [curriculum].
(g) Not later than March 1 of each year, the commissioner of
education shall provide to the coordinating board a list of all the
public high schools that do not offer all the courses necessary to
complete all parts of the Texas Diploma [recommended] or advanced
high school program [curriculum] as described by Subsection (f)(1).
SECTION 73. The heading to Section 56.3041, Education Code,
is amended to read as follows:
Sec. 56.3041. INITIAL ELIGIBILITY OF PERSON ON TRACK TO
COMPLETE TEXAS DIPLOMA [RECOMMENDED] OR ADVANCED PROGRAM
[CURRICULUM].
SECTION 74. Sections 56.3041(a) and (b), Education Code,
are amended to read as follows:
(a) If at the time an eligible institution awards TEXAS
grants to initial recipients for an academic year an applicant has
not completed high school or the applicant's final high school
transcript is not yet available to the institution, the student is
considered to have satisfied the requirements of Section
56.304(a)(2)(A) if the student's available high school transcript
indicates that at the time the transcript was prepared the student
was on schedule to graduate from high school and to complete the
Texas Diploma [recommended] or advanced high school program
[curriculum] or its equivalent, as applicable to the student, in
time to be eligible for a TEXAS grant for the academic year.
(b) The coordinating board or the eligible institution may
require the student to forgo or repay the amount of an initial TEXAS
grant awarded to the student as described by Subsection (a) if the
student fails to complete the Texas Diploma [recommended] or
advanced high school program [curriculum] or its equivalent after
the issuance of the available high school transcript.
SECTION 75. Section 56.308(b), Education Code, is amended
to read as follows:
(b) Each school district shall:
(1) notify its middle school students, junior high
school students, and high school students, those students' teachers
and counselors, and those students' parents of the TEXAS grant and
Teach for Texas grant programs, the eligibility requirements of
each program, the need for students to make informed curriculum
choices to be prepared for success beyond high school, and sources
of information on higher education admissions and financial aid in
a manner that assists the district in implementing a strategy
adopted by the district under Section 11.252(a)(4); and
(2) ensure that each student's official transcript or
diploma indicates whether the student has completed or is on
schedule to complete:
(A) the Texas Diploma [recommended] or advanced
high school program [curriculum] required for grant eligibility
under Section [28.002 or] 28.025; or
(B) for a school district covered by Section
56.304(f)(1), the required portion of the Texas Diploma
[recommended] or advanced high school program [curriculum] in the
manner described by Section 56.304(f)(2).
SECTION 76. Section 56.455, Education Code, is amended to
read as follows:
Sec. 56.455. INITIAL ELIGIBILITY FOR LOAN. To be eligible
initially for a Texas B-On-time loan, a person must:
(1) be a resident of this state under Section 54.052 or
be entitled, as a child of a member of the armed forces of the United
States, to pay tuition at the rate provided for residents of this
state under Section 54.058;
(2) meet one of the following academic requirements:
(A) be a graduate of a public or private high
school in this state who graduated not earlier than the 2002-2003
school year under the Texas Diploma [recommended] or advanced high
school program established under Section 28.025(a) or its
equivalent;
(B) be a graduate of a high school operated by the
United States Department of Defense who:
(i) graduated from that school not earlier
than the 2002-2003 school year; and
(ii) at the time of graduation from that
school was a dependent child of a member of the armed forces of the
United States; or
(C) have received an associate degree from an
eligible institution not earlier than May 1, 2005;
(3) be enrolled for a full course load for an
undergraduate student, as determined by the coordinating board, in
an undergraduate degree or certificate program at an eligible
institution;
(4) be eligible for federal financial aid, except that
a person is not required to meet any financial need requirement
applicable to a particular federal financial aid program; and
(5) comply with any additional nonacademic
requirement adopted by the coordinating board under this
subchapter.
SECTION 77. Section 61.792(b), Education Code, is amended
to read as follows:
(b) To qualify for a scholarship under this section, a
student must:
(1) have graduated with a grade point average in the
top 20 percent of the student's high school graduating class;
(2) have graduated from high school with a grade point
average of at least 3.5 on a four-point scale or the equivalent in
mathematics and science courses offered under the Texas Diploma
[recommended] or advanced high school program under Section
28.025(a); and
(3) maintain an overall grade point average of at
least 3.0 on a four-point scale at the general academic teaching
institution in which the student is enrolled.
SECTION 78. Section 61.852(a), Education Code, is amended
to read as follows:
(a) A tech-prep program is a program of study that:
(1) combines at least two years of secondary education
with at least two years of postsecondary education in a
nonduplicative, sequential course of study based on the Texas
Diploma [recommended] high school program adopted by the State
Board of Education under Section 28.025(a);
(2) integrates academic instruction and vocational
and technical instruction;
(3) uses work-based and worksite learning where
available and appropriate;
(4) provides technical preparation in a career field
such as engineering technology, applied science, a mechanical,
industrial, or practical art or trade, agriculture, health
occupations, business, or applied economics;
(5) builds student competence in mathematics,
science, reading, writing, communications, economics, and
workplace skills through applied, contextual academics and
integrated instruction in a coherent sequence of courses;
(6) leads to an associate degree, two-year
postsecondary certificate, or postsecondary two-year
apprenticeship with provisions, to the extent applicable, for
students to continue toward completion of a baccalaureate degree;
and
(7) leads to placement in appropriate employment or to
further education.
SECTION 79. Section 61.855(d), Education Code, is amended
to read as follows:
(d) A tech-prep program must:
(1) be implemented under an articulation agreement
between the participants in the consortium;
(2) consist of two to four years of secondary school
preceding graduation and:
(A) two or more years of higher education; or
(B) two or more years of apprenticeship following
secondary instruction;
(3) have a common core of required proficiency based
on the Texas Diploma [recommended] high school program adopted by
the State Board of Education under Section 28.025(a), with
proficiencies in mathematics, science, reading, writing,
communications, and technologies designed to lead to an associate's
degree or postsecondary certificate in a specific career field;
(4) include the development of tech-prep program
curricula for both secondary and postsecondary participants in the
consortium that:
(A) meets academic standards developed by the
state;
(B) links secondary schools and two-year
postsecondary institutions, and, if practicable, four-year
institutions of higher education through nonduplicative sequences
of courses in career fields, including the investigation of
opportunities for tech-prep students to enroll concurrently in
secondary and postsecondary course work;
(C) uses, if appropriate and available,
work-based or worksite learning in conjunction with business and
all aspects of an industry; and
(D) uses educational technology and distance
learning, as appropriate, to involve each consortium participant
more fully in the development and operation of programs;
(5) include in-service training for teachers that:
(A) is designed to train vocational and technical
teachers to effectively implement tech-prep programs;
(B) provides for joint training for teachers in
the tech-prep consortium;
(C) is designed to ensure that teachers and
administrators stay current with the needs, expectations, and
methods of business and of all aspects of an industry;
(D) focuses on training postsecondary education
faculty in the use of contextual and applied curricula and
instruction; and
(E) provides training in the use and application
of technology;
(6) include training programs for counselors designed
to enable counselors to more effectively:
(A) provide information to students regarding
tech-prep programs;
(B) support student progress in completing
tech-prep programs;
(C) provide information on related employment
opportunities;
(D) ensure that tech-prep students are placed in
appropriate employment; and
(E) stay current with the needs, expectations,
and methods of business and of all aspects of an industry;
(7) provide equal access to the full range of
tech-prep programs for individuals who are members of special
populations, including by the development of tech-prep program
services appropriate to the needs of special populations; and
(8) provide for preparatory services that assist
participants in tech-prep programs.
SECTION 80. Chapter 61, Education Code, is amended by
adding Subchapter T-1 to read as follows:
SUBCHAPTER T-1. CAREER AND TECHNICAL EDUCATION
Sec. 61.861. DEVELOPMENT OF MATHEMATICS AND SCIENCE COURSES
FOR HIGH-DEMAND OCCUPATIONS. (a) The commissioner of higher
education, in consultation with the comptroller and the Texas
Workforce Commission, may award a grant in an amount not to exceed
$1 million to an institution of higher education to develop
advanced mathematics and science courses to prepare high school
students for employment in a high-demand occupation. The
commissioner of higher education, the comptroller, and the Texas
Workforce Commission shall jointly determine what is considered a
high-demand occupation for purposes of this subchapter.
(b) An institution of higher education shall work in
partnership with at least one independent school district and a
business entity in developing a course for purposes of this
section.
(c) A course developed for purposes of this section must:
(1) provide content that enables a student to develop
the relevant and critical skills needed to be prepared for
employment or additional training in a high-demand occupation;
(2) incorporate college and career readiness skills as
part of the curriculum;
(3) be offered for dual credit; and
(4) satisfy a mathematics or science requirement under
the Texas Diploma or advanced high school program as determined
under Section 28.025.
(d) An institution of higher education shall periodically
review and revise the curriculum for a course developed for
purposes of this section to accommodate changes in industry
standards for the high-demand occupation.
Sec. 61.862. GRANT APPLICATION CRITERIA. The commissioner
of higher education, in consultation with the comptroller and the
Texas Workforce Commission, shall establish application criteria
for a grant under this subchapter and in making an award, shall give
priority to courses that:
(1) will prepare students for high-demand, high-wage,
and high-skill occupations;
(2) may be transferred as college credit to multiple
institutions of higher education; and
(3) are developed as part of a sequence of courses that
includes statewide availability of the instructional materials and
training for the courses at a nominal cost to public educational
institutions in this state.
Sec. 61.863. USE OF FUNDS. An institution of higher
education may use funds awarded under this section to develop, in
connection with a course described by Subsection (a):
(1) curriculum;
(2) assessments; or
(3) instructional materials, including
technology-based supplemental materials.
Sec. 61.864. REVIEW OF COURSES. Courses developed for
which a grant is awarded under this subchapter shall be reviewed by
the commissioner of higher education, in consultation with the
comptroller and the Texas Workforce Commission, once every four
years to determine whether the course:
(1) is being used by public educational institutions
in this state; and
(2) prepares high school students with the skills
necessary for employment in the high-demand occupation.
Sec. 61.865. MATCHING CONTRIBUTION REQUIRED. An
institution of higher education awarded a grant under this
subchapter must obtain from one or more business entities in the
industry for which students taking courses developed under Section
61.861 are training, in a total amount equal to the amount of the
state grant:
(1) gifts, grants, or donations of funds; or
(2) contributions of property that may be used in
providing the courses.
Sec. 61.866. LIMITATION ON TOTAL AMOUNT OF GRANTS. In any
state fiscal biennium, the total amount of grants awarded under
this subchapter may not exceed $10 million.
Sec. 61.867. FUNDING OF GRANTS. The commissioner of higher
education shall administer this section using available
appropriations and gifts, grants, and donations made for the
purposes of this subchapter.
SECTION 81. Sections 39.034(e), (f), and (g), Education
Code, are repealed.
SECTION 82. A reference in law to the minimum high school
program means the basic high school program. A reference in law to
the recommended high school program means the Texas Diploma high
school program.
SECTION 83. This Act applies beginning with the 2009-2010
school year.
SECTION 84. 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.