Texas House Bill HB104 Introduced / Bill

                    82R511 CAS-D
 By: Brown H.B. No. 104


 A BILL TO BE ENTITLED
 AN ACT
 relating to abolishing the Texas Higher Education Coordinating
 Board and transferring the coordinating board's functions and
 activities and the State Board of Education's statutorily assigned
 functions and activities to the Texas Education Agency.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Sections 1.005(a), (b), (c), (d), (f), (g), (h),
 and (j), Education Code, are amended to read as follows:
 (a)  In this section, "center" [:
 [(1)  "Center"] means a center for education research
 authorized by this section.
 [(2)  "Coordinating board" means the Texas Higher
 Education Coordinating Board.]
 (b)  The commissioner of education [and the coordinating
 board] may establish not more than three centers for education
 research for conducting research described by Subsections (e) and
 (f).
 (c)  A center may be established as part of:
 (1)  the Texas Education Agency; or
 (2)  [the coordinating board; or
 [(3)]  a public junior college, public senior college
 or university, or public state college, as those terms are defined
 by Section 61.003.
 (d)  A center may be operated under a memorandum of
 understanding between the commissioner of education[, the
 coordinating board,] and the governing board of an educational
 institution described by Subsection (c)(2) [(c)(3)]. The
 memorandum of understanding must require the commissioner of
 education, or a person designated by the commissioner, [and the
 coordinating board, or a person designated by the coordinating
 board,] to provide direct[, joint] supervision of the center under
 this section.
 (f)  The commissioner of education [and the coordinating
 board]:
 (1)  under the memorandum of understanding described by
 Subsection (d), may require a center to conduct certain research
 projects considered of particular importance to the state, as
 determined by the commissioner [and the coordinating board];
 (2)  not later than the 45th day before the date a
 research project required to be conducted under this subsection is
 scheduled to begin, shall notify the governor, the Legislative
 Budget Board, and the governing body of the educational institution
 in which the center is established that the research project is
 required; and
 (3)  shall provide sufficient funds to finance the
 project.
 (g)  In conducting research under this section, a center:
 (1)  may use data on student performance, including
 data that is confidential under the Family Educational Rights and
 Privacy Act of 1974 (20 U.S.C. Section 1232g), the center has
 collected from the Texas Education Agency, [the coordinating
 board,] any public or private institution of higher education, and
 any school district; and
 (2)  shall comply with rules adopted by the
 commissioner of education [and the coordinating board] to protect
 the confidentiality of student information, including rules
 establishing procedures to ensure that confidential student
 information is not duplicated or removed from a center in an
 unauthorized manner.
 (h)  The commissioner of education [and the coordinating
 board] may:
 (1)  accept gifts and grants to be used in operating one
 or more centers; and
 (2)  by rule impose reasonable fees, as appropriate,
 for the use of a center's research, resources, or facilities.
 (j)  The commissioner of education [and the coordinating
 board] shall adopt rules as necessary to implement this section.
 SECTION 2.  Sections 7.005 and 7.006, Education Code, are
 amended to read as follows:
 Sec. 7.005.  LONG-RANGE PLANS AND EDUCATIONAL PROGRAMS
 [COOPERATION BETWEEN STATE AGENCIES OF EDUCATION]. The agency
 [State Board of Education and the Texas Higher Education
 Coordinating Board], in conjunction with other appropriate
 agencies, shall ensure that long-range plans and educational
 programs established by the agency [each board] provide a
 comprehensive education for the students of this state [under the
 jurisdiction of that board], extending from early childhood
 education through postgraduate study. In ensuring [assuring] that
 early childhood, primary, secondary, and higher education programs
 are coordinated, the agency [boards] shall use the P-16 Council
 established under Section 61.076.
 Sec. 7.006.  STANDARDIZATION [COORDINATION] OF RECORDS. The
 commissioner [of education and the commissioner of higher
 education] shall ensure that records relating to student
 performance held by the agency [Texas Education Agency and the
 Texas Higher Education Coordinating Board] are [coordinated and]
 maintained in standardized[, compatible] formats that permit[:
 [(1)  the exchange of information between the agencies;
 and
 [(2)]  the matching of individual student records so
 that a student's academic performance may be assessed throughout
 the student's educational career.
 SECTION 3.  Sections 7.010(b) and (d), Education Code, are
 amended to read as follows:
 (b)  Each school district, open-enrollment charter school,
 and institution of higher education shall participate in an
 electronic student records system that satisfies standards
 approved by the commissioner [of education and the commissioner of
 higher education].
 (d)  The commissioner [of education or the commissioner of
 higher education] may solicit and accept grant funds to maintain
 the electronic student records system and to make the system
 available to school districts, open-enrollment charter schools,
 and institutions of higher education.
 SECTION 4.  Sections 7.055(b)(9) and (24), Education Code,
 are amended to read as follows:
 (9)  The commissioner shall have a manual published at
 least once every two years that contains Title 1 and this title, any
 other provisions of this code relating specifically to public
 primary or secondary education, and an appendix of all other state
 laws relating to public primary or secondary education and shall
 provide for the distribution of the manual [as determined by the
 board].
 (24)  The commissioner[, with the approval of the
 board,] shall develop and implement a plan for the coordination of
 services to children with disabilities as required under Section
 30.001.
 SECTION 5.  Sections 7.102(a) and (d), Education Code, are
 amended to read as follows:
 (a)  The board may perform, as provided by this code, only
 those duties [relating to school districts or regional education
 service centers] assigned to the board by the constitution of this
 state [or by this subchapter or another provision of this code].
 (d)  The board may adopt rules [relating to school districts
 or regional education service centers] only as required to carry
 out the specific duties assigned to the board by the constitution
 [or under Subsection (c)].
 SECTION 6.  Sections 7.108(a) and (c), Education Code, are
 amended to read as follows:
 (a)  A person interested in selling bonds of any type [or a
 person engaged in manufacturing, shipping, selling, or advertising
 textbooks or otherwise connected with the textbook business]
 commits an offense if the person makes or authorizes a political
 contribution to or takes part in, directly or indirectly, the
 campaign of any person seeking election to or serving on the board.
 (c)  In this section, "political[:
 [(1)  "Political] contribution" has the meaning
 assigned by Section 251.001, Election Code.
 [(2)  "Textbook" has the meaning assigned by Section
 31.002.]
 SECTION 7.  Section 7.109, Education Code, is transferred to
 Subchapter B, Chapter 7, Education Code, renumbered as Section
 7.032, Education Code, and amended to read as follows:
 Sec. 7.032 [7.109].  DESIGNATION AS STATE BOARD FOR CAREER
 AND TECHNOLOGY EDUCATION. (a) The agency [board] is also the State
 Board for Career and Technology Education.
 (b)  The commissioner is the executive officer through whom
 the State Board for Career and Technology Education shall carry out
 its policies and enforce its rules.
 (c)  The State Board for Career and Technology Education may
 contract with [the Texas Higher Education Coordinating Board or]
 any other state agency to assume the leadership role and
 administrative responsibility of the State Board for Career and
 Technology Education for state level administration of
 technical-vocational education programs in public community
 colleges, public technical institutes, and other eligible public
 postsecondary institutions in this state.
 (d)  The State Board for Career and Technology Education may
 allocate funds appropriated to the board by the legislature or
 federal funds received by the board under the Carl D. Perkins Career
 and Technical [Vocational] Education Act of 2006 (20 U.S.C. Section
 2301 et seq.) or other federal law to an institution or program
 approved by the agency [State Board of Education, the Texas Higher
 Education Coordinating Board,] or another state agency specified by
 law.
 SECTION 8.  Section 7.111, Education Code, is transferred to
 Subchapter B, Chapter 7, Education Code, renumbered as Section
 7.033, Education Code, and amended to read as follows:
 Sec. 7.033 [7.111].  HIGH SCHOOL EQUIVALENCY EXAMINATIONS.
 (a) The agency [board] shall provide for the administration of high
 school equivalency examinations, including administration by the
 adjutant general's department for students described by
 Subdivision (2)(C). A person who does not have a high school
 diploma may take the examination in accordance with rules adopted
 by the commissioner [board] if the person is:
 (1)  over 17 years of age;
 (2)  16 years of age or older and:
 (A)  is enrolled in a Job Corps training program
 under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801
 et seq.)[, and its subsequent amendment];
 (B)  a public agency providing supervision of the
 person or having custody of the person under a court order
 recommends that the person take the examination; or
 (C)  is enrolled in the adjutant general's
 department's Texas [Seaborne] ChalleNGe Academy [Corps]; or
 (3)  required to take the examination under a justice
 or municipal court order issued under Article 45.054(a)(1)(C), Code
 of Criminal Procedure.
 (b)  The commissioner [board] by rule shall establish and
 require payment of a fee as a condition to the issuance of a high
 school equivalency certificate and a copy of the scores of the
 examinations. The fee must be reasonable and designed to cover the
 administrative costs of issuing the certificate and a copy of the
 scores. The agency [board] may not require a waiting period between
 the date a person withdraws from school and the date the person
 takes the examination unless the period relates to the time between
 administrations of the examination.
 SECTION 9.  Section 7.112, Education Code, is amended by
 adding Subsection (d) to read as follows:
 (d)  This section expires January 31, 2014.
 SECTION 10.  Section 7.113, Education Code, is transferred
 to Subchapter B, Chapter 7, Education Code, renumbered as Section
 7.034, Education Code, and amended to read as follows:
 Sec. 7.034 [7.113].  EMPLOYERS FOR EDUCATION EXCELLENCE
 AWARD. (a) The agency [board] shall create the Employers for
 Education Excellence Award to honor employers that implement a
 policy to encourage and support employees who actively participate
 in activities of schools.
 (b)  An employer that meets the criteria described by this
 section may apply for consideration to receive the award.
 (c)  The agency [board] shall establish the following levels
 of recognition for employers:
 (1)  bronze for an employer that implements a policy to
 encourage and support employees who attend parent-teacher
 conferences;
 (2)  silver for an employer that:
 (A)  meets the requirements of bronze; and
 (B)  implements a policy to encourage and support
 employees who volunteer in school activities; and
 (3)  gold for an employer that:
 (A)  meets the requirements of silver; and
 (B)  implements a policy to encourage and support
 employees who participate in student mentoring programs in schools.
 (d)  The commissioner [board] shall establish criteria to
 certify businesses to receive the Employers for Education
 Excellence Award at the appropriate level of recognition. The
 commissioner shall review the applications submitted by employers
 under Subsection (b) and select [make recommendations to the board
 regarding] businesses that should be recognized and the level at
 which a business should be recognized. [The board may approve or
 modify the commissioner's recommendation.]
 (e)  The agency [board] shall honor the recipient of an
 Employers for Education Excellence Award by presenting the
 recipient with a suitable certificate that includes the business's
 level of recognition and other appropriate information.
 SECTION 11.  Section 11.351, Education Code, is amended to
 read as follows:
 Sec. 11.351.  AUTHORITY TO ESTABLISH SPECIAL-PURPOSE SCHOOL
 DISTRICT. (a) On the recommendation of the commissioner and after
 consulting with the school districts involved and obtaining the
 approval of a majority of those districts in each affected county in
 which a proposed school district is located, the agency [State
 Board of Education] may establish a special-purpose school district
 for the education of students in special situations whose
 educational needs are not adequately met by regular school
 districts. The agency [board] may impose duties or limitations on
 the school district as necessary for the special purpose of the
 district. The agency [board] shall exercise the powers as provided
 by this section relating to the districts established under this
 section.
 (b)  The agency [State Board of Education] shall grant to the
 districts the right to share in the available school fund
 apportionment and other privileges as are granted to independent
 and common school districts.
 SECTION 12.  Section 12.012(a), Education Code, is amended
 to read as follows:
 (a)  A home-rule school district is subject to federal and
 state laws and rules governing school districts, except that a
 home-rule school district is subject to:
 (1)  this code only to the extent that the
 applicability to a home-rule school district of a provision of this
 code is specifically provided;
 (2)  a rule adopted under this code by the [State Board
 of Education or the] commissioner only if the code provision
 authorizing the rule specifically applies to a home-rule school
 district; and
 (3)  all requirements of federal law and applicable
 court orders relating to eligibility for and the provision of
 special education and bilingual programs.
 SECTION 13.  Section 12.112, Education Code, is amended to
 read as follows:
 Sec. 12.112.  FORM. A charter for an open-enrollment
 charter school shall be in the form of a written contract signed by
 the commissioner [chair of the State Board of Education] and the
 chief operating officer of the school.
 SECTION 14.  Section 21.033(a), Education Code, is amended
 to read as follows:
 (a)  The State Board for Educator Certification is composed
 of 14 members. The commissioner [of education] shall appoint two
 employees [an employee] of the agency, one of whom has expertise in
 primary and secondary education and one of whom has expertise in
 higher education, to represent the commissioner as [a] nonvoting
 members [member]. [The commissioner of higher education shall
 appoint an employee of the Texas Higher Education Coordinating
 Board to represent the commissioner as a nonvoting member.] The
 governor shall appoint a dean of a college of education in this
 state as a nonvoting member. The remaining 11 members are appointed
 by the governor with the advice and consent of the senate, as
 follows:
 (1)  four members must be teachers employed in public
 schools;
 (2)  two members must be public school administrators;
 (3)  one member must be a public school counselor; and
 (4)  four members must be citizens, three of whom are
 not and have not, in the five years preceding appointment, been
 employed by a [public] school district or by an educator
 preparation program in an institution of higher education and one
 of whom is not and has not been employed by a [public] school
 district or by an educator preparation program in an institution of
 higher education.
 SECTION 15.  Section 21.034(a), Education Code, is amended
 to read as follows:
 (a)  The board members appointed by the governor hold office
 for staggered terms of six years with the terms of one-third of the
 members expiring on February 1 of each odd-numbered year. A member
 appointed by the commissioner [of education or the commissioner of
 higher education] serves at the will of the [appointing]
 commissioner.
 SECTION 16.  Section 21.042, Education Code, is amended to
 read as follows:
 Sec. 21.042.  APPROVAL OF RULES. The State Board for
 Educator Certification must submit a written copy of each rule it
 proposes to adopt to the commissioner [State Board of Education for
 review]. The commissioner [State Board of Education] may reject a
 proposed rule [by a vote of at least two-thirds of the members of
 the board present and voting]. If the commissioner [State Board of
 Education] fails to reject a proposal before the 90th day after the
 date on which the commissioner [it] receives the proposal, the
 proposal takes effect as a rule of the State Board for Educator
 Certification as provided by Chapter 2001, Government Code. The
 commissioner [State Board of Education] may not modify a rule
 proposed by the State Board for Educator Certification.
 SECTION 17.  Section 28.002(d), Education Code, as added by
 Chapter 895 (H.B. 3), Acts of the 81st Legislature, Regular
 Session, 2009, is amended to read as follows:
 (d)  Each time the agency [Texas Higher Education
 Coordinating Board] revises the Internet database of the agency's
 [coordinating board's] official statewide inventory of workforce
 education courses, [the State Board of Education shall by rule
 revise] the essential knowledge and skills of any corresponding
 career and technology education curriculum shall be revised by rule
 as provided by Subsection (c).
 SECTION 18.  Sections 28.008(a), (b), (c), and (d),
 Education Code, are amended to read as follows:
 (a)  To ensure that students are able to perform
 college-level course work at institutions of higher education, the
 commissioner [of education and the commissioner of higher
 education] shall establish vertical teams composed of public school
 educators and institution of higher education faculty.
 (b)  The vertical teams shall:
 (1)  recommend for approval by the commissioner [of
 education and the Texas Higher Education Coordinating Board]
 college readiness standards and expectations that address what
 students must know and be able to do to succeed in entry-level
 courses offered at institutions of higher education;
 (2)  evaluate whether the high school curriculum
 requirements under Section 28.002 and other instructional
 requirements serve to prepare students to successfully perform
 college-level course work;
 (3)  recommend how the public school curriculum
 requirements can be aligned with college readiness standards and
 expectations;
 (4)  develop instructional strategies for teaching
 courses to prepare students to successfully perform college-level
 course work; and
 (5)  develop or establish minimum standards for
 curricula, professional development materials, and online support
 materials in English language arts, mathematics, science, and
 social studies, designed for students who need additional
 assistance in preparing to successfully perform college-level
 course work.
 (c)  The commissioner [of education and the Texas Higher
 Education Coordinating Board] by rule shall establish the
 composition and duties of the vertical teams established under this
 section.
 (d)  The commissioner [State Board of Education] shall
 incorporate college readiness standards and expectations approved
 by the commissioner [of education and the Texas Higher Education
 Coordinating Board] under Subsection (b) into the essential
 knowledge and skills identified [by the board] under Section
 28.002(c).
 SECTION 19.  Sections 28.014(a), (c), (d), (e), and (f),
 Education Code, are amended to read as follows:
 (a)  The commissioner [of education and the commissioner of
 higher education] shall develop [and recommend to the State Board
 of Education] for adoption under Section 28.002 the essential
 knowledge and skills of courses in college preparatory mathematics,
 science, social studies, and English language arts.  The courses
 must be designed:
 (1)  for students at the 12th grade level who do not
 meet college readiness standards on an end-of-course assessment
 instrument required under Section 39.023(c); and
 (2)  to prepare students for success in entry-level
 college courses.
 (c)  The agency[, in consultation with the Texas Higher
 Education Coordinating Board,] shall adopt an end-of-course
 assessment instrument for each course developed under this section
 to ensure the rigor of the course. A school district shall, in
 accordance with commissioner [State Board of Education] rules,
 administer the end-of-course assessment instrument to a student
 enrolled in a course developed under this section. Each school
 district shall adopt a policy that requires a student's performance
 on the end-of-course assessment instrument to account for 15
 percent of the student's final grade for the course. A student's
 performance on an end-of-course assessment instrument administered
 under this subsection may be used, on a scale of 0-40, in
 calculating whether the student satisfies the graduation
 requirements established under Section 39.025.
 (d)  The agency[, in coordination with the Texas Higher
 Education Coordinating Board,] shall adopt a series of questions to
 be included in an end-of-course assessment instrument administered
 under Subsection (c) to be used for purposes of Section 51.3062.
 The questions must be developed in a manner consistent with any
 college readiness standards adopted under Sections 39.233 and
 51.3062.
 (e)  The commissioner [State Board of Education] shall adopt
 instructional materials for a course developed under this section
 in accordance with Chapter 31.  The instructional materials must
 include technology resources that enhance the effectiveness of the
 course and draw on established best practices.
 (f)  To the extent applicable, the commissioner shall draw
 from curricula and instructional materials developed under Section
 [Sections] 28.008 [and 61.0763] in developing a course and related
 instructional materials under this section. The agency [Not later
 than September 1, 2010, the State Board of Education shall adopt
 essential knowledge and skills for each course developed under this
 section. The State Board of Education] shall make each course
 developed under this section and the related instructional
 materials available to school districts not later than the
 2014-2015 school year. As required by Subsection (c), a school
 district shall adopt a policy requiring a student's performance on
 an end-of-course assessment instrument administered under that
 subsection to account for 15 percent of the student's grade for a
 course developed under this section not later than the 2014-2015
 school year. This subsection expires September 1, 2015.
 SECTION 20.  Sections 28.025(a), (b), (b-1), (b-2), (b-3),
 (b-7), (c), (d), and (e), Education Code, are amended to read as
 follows:
 (a)  The commissioner [State Board of Education] by rule
 shall determine curriculum requirements for the minimum,
 recommended, and advanced high school programs that are consistent
 with the required curriculum under Section 28.002.  Subject to
 Subsection (b-1), the commissioner [State Board of Education] shall
 designate the specific courses in the foundation curriculum
 required for a student participating in the minimum, recommended,
 or advanced high school program. Except as provided by Subsection
 (b-1), the commissioner [State Board of Education] may not
 designate a specific course or a specific number of credits in the
 enrichment curriculum as requirements for the recommended program.
 (b)  A school district shall ensure that each student enrolls
 in the courses necessary to complete the curriculum requirements
 identified by the commissioner [State Board of Education] under
 Subsection (a) for the 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 in writing signed by each party that the
 student should be permitted to take courses under the minimum high
 school program and the student:
 (1)  is at least 16 years of age;
 (2)  has completed two credits required for graduation
 in each subject of the foundation curriculum under Section
 28.002(a)(1); or
 (3)  has failed to be promoted to the tenth grade one or
 more times as determined by the school district.
 (b-1)  The commissioner [State Board of Education] by rule
 shall require that:
 (1)  except as provided by Subsection (b-2), the
 curriculum requirements for the recommended and advanced high
 school programs under Subsection (a) include a requirement that
 students successfully complete:
 (A)  four credits in each subject of the
 foundation curriculum under Section 28.002(a)(1), including at
 least one-half credit in government and at least one-half credit in
 economics to meet the social studies requirement;
 (B)  for the recommended high school program, two
 credits in the same language in a language other than English under
 Section 28.002(a)(2)(A) and, for the advanced high school program,
 three credits in the same language in a language other than English
 under Section 28.002(a)(2)(A); and
 (C)  for the recommended high school program, six
 elective credits and, for the advanced high school program, five
 elective credits;
 (2)  one or more credits offered in the required
 curriculum for the recommended and advanced high school programs
 include a research writing component; and
 (3)  the curriculum requirements for the minimum,
 recommended, and advanced high school programs under Subsection (a)
 include a requirement that students successfully complete:
 (A)  one credit in fine arts under Section
 28.002(a)(2)(D); and
 (B)  one credit in physical education under
 Section 28.002(a)(2)(C).
 (b-2)  In adopting rules under Subsection (b-1), the
 commissioner [State Board of Education] shall allow a student to
 comply with the curriculum requirements for a mathematics course
 under Subsection (b-1)(1)(A) [(b-1)(1)] taken after the successful
 completion of an Algebra II course or science course under
 Subsection (b-1)(1)(A) [(b-1)(1)] taken after the successful
 completion of a physics course by successfully completing an
 advanced career and technical course designated by the commissioner
 [State Board of Education] as containing substantively similar and
 rigorous academic content. A student may use the option provided by
 this subsection for not more than two courses.
 (b-3)  In adopting rules to provide students with the option
 described by Subsection (b-1)(1)(A), the commissioner [State Board
 of Education] must approve a variety of mathematics and science
 courses that may be taken after the completion of Algebra II and
 physics to comply with the recommended program requirements.
 (b-7)  The commissioner [State Board of Education, in
 coordination with the Texas Higher Education Coordinating Board,]
 shall adopt rules to ensure that a student may comply with the
 curriculum requirements under the minimum, recommended, or
 advanced high school program for each subject of the foundation
 curriculum under Section 28.002(a)(1) and for languages other than
 English under Section 28.002(a)(2)(A) by successfully completing
 appropriate courses in the core curriculum of an institution of
 higher education under Section 61.822.
 (c)  A person may receive a diploma if the person is eligible
 for a diploma under Section 28.0251. In other cases, a student may
 graduate and receive a diploma only if:
 (1)  the student successfully completes the curriculum
 requirements identified by the commissioner [State Board of
 Education] under Subsection (a) and complies with Section 39.025;
 or
 (2)  the student successfully completes an
 individualized education program developed under Section 29.005.
 (d)  A school district may issue a certificate of coursework
 completion to a student who successfully completes the curriculum
 requirements identified by the commissioner [State Board of
 Education] under Subsection (a) but who fails to comply with
 Section 39.025. A school district may allow a student who receives
 a certificate to participate in a graduation ceremony with students
 receiving high school diplomas.
 (e)  Each school district shall report the academic
 achievement record of students who have completed a minimum,
 recommended, or advanced high school program on transcript forms
 adopted by the commissioner [State Board of Education]. The
 transcript forms adopted by the commissioner [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.
 SECTION 21.  Section 29.182(b), Education Code, is amended
 to read as follows:
 (b)  The state plan must include procedures designed to
 ensure that:
 (1)  all secondary and postsecondary students have the
 opportunity to participate in career and technology education
 programs;
 (2)  the state complies with requirements for
 supplemental federal career and technology education funding; and
 (3)  career and technology education is established as
 a part of the total education system of this state and constitutes
 an option for student learning that provides a rigorous course of
 study consistent with the required curriculum under Section 28.002
 and under which a student may receive specific education in a career
 and technology program that:
 (A)  incorporates competencies leading to
 academic and technical skill attainment;
 (B)  leads to:
 (i)  an industry-recognized license,
 credential, or certificate; or
 (ii)  at the postsecondary level, an
 associate or baccalaureate degree;
 (C)  includes opportunities for students to earn
 college credit for coursework; and
 (D)  includes, as an integral part of the program,
 participation by students and teachers in activities of career and
 technical student organizations supported by the agency [and the
 State Board of Education].
 SECTION 22.  Section 29.190(e), Education Code, is amended
 to read as follows:
 (e)  The commissioner, in collaboration with [the
 commissioner of higher education and] the Texas Workforce
 Commission, shall determine as necessary the occupations that
 qualify for purposes of this section.
 SECTION 23.  Sections 29.904(b) and (e), Education Code, are
 amended to read as follows:
 (b)  The agency [and the Texas Higher Education Coordinating
 Board] shall identify [collaborate in identifying] each school
 district to which this section applies. Not later than May 1 of
 each year, [:
 [(1)]  the agency shall notify:
 (1)  a district to which this section applies of the
 applicability of this section to the district unless the district
 is operating under a plan required by this section; and
 (2)  [the coordinating board shall notify] each public
 institution of higher education in this state in closest geographic
 proximity to a district to which this section applies of the
 applicability of this section to the district unless the district
 is operating under a plan required by this section.
 (e)  A school district shall file the plan with the
 commissioner [of education and the commissioner of higher
 education].
 SECTION 24.  Section 31.003, Education Code, is amended to
 read as follows:
 Sec. 31.003.  RULES. The commissioner [State Board of
 Education] may adopt rules, consistent with this chapter, for the
 adoption, requisition, distribution, care, use, and disposal of
 textbooks.
 SECTION 25.  Section 31.004, Education Code, is amended to
 read as follows:
 Sec. 31.004.  CERTIFICATION OF PROVISION OF TEXTBOOKS,
 ELECTRONIC TEXTBOOKS, AND INSTRUCTIONAL MATERIALS. Each school
 district and open-enrollment charter school shall annually certify
 to [the State Board of Education and] the commissioner that, for
 each subject in the required curriculum and each grade level, the
 district provides each student with textbooks, electronic
 textbooks, or instructional materials that cover all elements of
 the essential knowledge and skills adopted [by the State Board of
 Education] for that subject and grade level.
 SECTION 26.  Sections 31.021(b) and (f), Education Code, are
 amended to read as follows:
 (b)  The State Board of Education shall annually set aside
 out of the available school fund of the state an amount sufficient
 for the agency [board], school districts, and open-enrollment
 charter schools to purchase and distribute the necessary textbooks
 for the use of the students of this state for the following school
 year. The board shall determine the amount of the available school
 fund to set aside for the state textbook fund based on:
 (1)  a report by the commissioner issued on July 1 or,
 if that date is a Saturday or Sunday, on the following Monday,
 stating the amount of unobligated money in the fund;
 (2)  the commissioner's estimate, based on textbooks
 selected under Section 31.101 and on attendance reports submitted
 under Section 31.103 by school districts and open-enrollment
 charter schools, of the amount of funds, in addition to funds
 reported under Subdivision (1), that will be necessary for purchase
 and distribution of textbooks for the following school year; and
 (3)  any amount the board determines should be set
 aside for emergency purposes caused by unexpected increases in
 attendance.
 (f)  The state textbook fund may be used to purchase
 technological equipment necessary to support the use of electronic
 textbooks or instructional material included on the list adopted
 under Section 31.0231 or any textbook or material approved by the
 agency [State Board of Education].
 SECTION 27.  Section 31.022, Education Code, is amended to
 read as follows:
 Sec. 31.022.  TEXTBOOK REVIEW AND ADOPTION. (a) The agency
 [State Board of Education] shall adopt a review and adoption cycle
 for textbooks for elementary grade levels, including
 prekindergarten, and secondary grade levels, for each subject in
 the required curriculum under Section 28.002.
 (b)  The agency [board] shall organize the cycle for subjects
 in the foundation curriculum so that not more than one-sixth of the
 textbooks for subjects in the foundation curriculum are reviewed
 each year. The commissioner [board] shall adopt rules to provide
 for a full and complete investigation of textbooks for each subject
 in the foundation curriculum at least every six years. The adoption
 of textbooks for a subject in the foundation curriculum may be
 extended beyond the six-year period only if the content of
 textbooks for a subject is sufficiently current.
 (c)  The commissioner [board] shall adopt rules to provide
 for a full and complete investigation of textbooks for each subject
 in the enrichment curriculum on a cycle the agency [board]
 considers appropriate.
 (d)  At least 24 months before the beginning of the school
 year for which textbooks for a particular subject and grade level
 will be purchased under the review and adoption cycle adopted by the
 agency [board], the agency [board] shall publish notice of the
 review and adoption cycle for those textbooks.
 (e)  The agency [board] shall designate a request for
 production of textbooks in a subject area and grade level by the
 school year in which the textbooks are intended to be made available
 in classrooms and not by the school year in which the agency [board]
 makes the request for production.
 (f)  The agency [board] shall amend any request for
 production issued for the purchase of textbooks to conform to the
 textbook funding levels provided by the General Appropriations Act
 for the year of implementation.
 SECTION 28.  Section 31.0221(a), Education Code, is amended
 to read as follows:
 (a)  The commissioner [State Board of Education] shall adopt
 rules for the midcycle review and adoption of a textbook for a
 subject for which textbooks are not currently under review by the
 agency [board] under Section 31.022. The rules must require:
 (1)  the publisher of the textbook to pay a fee to the
 agency [board] to cover the cost of the midcycle review and adoption
 of the textbook;
 (2)  the publisher of the textbook to enter into a
 contract with the agency [board] concerning the textbook for a term
 that ends at the same time as any contract entered into by the
 agency [board] for another textbook for the same subject and grade
 level; and
 (3)  a commitment from the publisher to provide the
 textbook to school districts in the manner specified by the
 publisher, which may include:
 (A)  providing the textbook to any district in a
 regional education service center area identified by the publisher;
 or
 (B)  providing a certain maximum number of
 textbooks specified by the publisher.
 SECTION 29.  Section 31.0222, Education Code, is amended to
 read as follows:
 Sec. 31.0222.  BUDGET-BALANCED CYCLE. In determining the
 review and adoption cycle of textbooks under Section 31.022, the
 agency [State Board of Education] shall:
 (1)  consult with the Legislative Budget Board and the
 governor's office of budget, planning, and policy before approving
 and publishing any notice or amendment of a cycle;
 (2)  review and consider:
 (A)  historic average funding levels for
 textbooks purchased in previous bienniums;
 (B)  expected average costs of future textbook
 purchases;
 (C)  anticipated student enrollment in future
 years;
 (D)  scheduled revisions to curriculum; and
 (E)  the impact on the state budget of the
 adoption of textbooks in all or some grade levels in a subject area;
 and
 (3)  limit the cycle to subject areas for which
 textbooks can be purchased with the funding anticipated to be
 available in the state textbook fund for the school year in which
 the textbooks are to be adopted.
 SECTION 30.  Section 31.023(a), Education Code, is amended
 to read as follows:
 (a)  For each subject and grade level, the agency [State
 Board of Education] shall adopt two lists of textbooks. The
 conforming list includes each textbook submitted for the subject
 and grade level that meets applicable physical specifications
 adopted by the agency [State Board of Education] and contains
 material covering each element of the essential knowledge and
 skills of the subject and grade level in the student version of the
 textbook, as well as in the teacher version of the textbook, as
 determined by the agency [State Board of Education] under Section
 28.002 and adopted under Section 31.024. The nonconforming list
 includes each textbook submitted for the subject and grade level
 that:
 (1)  meets applicable physical specifications adopted
 by the agency [State Board of Education];
 (2)  contains material covering at least half, but not
 all, of the elements of the essential knowledge and skills of the
 subject and grade level in the student version of the textbook, as
 well as in the teacher version of the textbook; and
 (3)  is adopted under Section 31.024.
 SECTION 31.  Section 31.0231(c), Education Code, is amended
 to read as follows:
 (c)  [Before the commissioner places an electronic textbook
 or instructional material on the list adopted under Subsection (a),
 the State Board of Education must be given an opportunity to comment
 on the electronic textbook or instructional material.] An
 electronic textbook or instructional material placed on the list
 adopted under Subsection (a):
 (1)  must be reviewed and recommended to the
 commissioner by a panel of recognized experts in the subject area of
 the electronic textbook or instructional material and experts in
 education technology;
 (2)  must satisfy criteria adopted for the purpose by
 commissioner rule; and
 (3)  must meet the National Instructional Materials
 Accessibility Standard, to the extent practicable as determined by
 the commissioner.
 SECTION 32.  Section 31.024, Education Code, is amended to
 read as follows:
 Sec. 31.024.  ADOPTION BY AGENCY [STATE BOARD OF EDUCATION].
 (a)  The agency [By majority vote, the State Board of Education]
 shall:
 (1)  place each submitted textbook on a conforming or
 nonconforming list; or
 (2)  reject a textbook submitted for placement on a
 conforming or nonconforming list.
 (b)  Not later than December 1 of the year preceding the
 school year for which the textbooks for a particular subject and
 grade level will be purchased under the cycle adopted by the agency
 [board] under Section 31.022, the agency [board] shall provide the
 lists of adopted textbooks to each school district. Each
 nonconforming list must include the reasons an adopted textbook is
 not eligible for the conforming list.
 SECTION 33.  Sections 31.0241(a) and (b), Education Code,
 are amended to read as follows:
 (a)  In this section, "eligible institution" means:
 (1)  a public institution of higher education that is
 designated as a research university or emerging research university
 under the agency's [higher education coordinating board's]
 accountability system, or a private university located in this
 state that is a member of the Association of American Universities;
 or
 (2)  a public technical institute, as defined by
 Section 61.003.
 (b)  The agency [State Board of Education] shall place an
 open-source textbook for a secondary-level course submitted for
 adoption by an eligible institution on a conforming or
 nonconforming list if:
 (1)  the textbook is written, compiled, or edited
 primarily by faculty of the eligible institution who specialize in
 the subject area of the textbook;
 (2)  the eligible institution identifies each
 contributing author;
 (3)  the appropriate department of the eligible
 institution certifies the textbook for accuracy; and
 (4)  the eligible institution determines that the
 textbook qualifies for placement on the conforming or nonconforming
 list based on the extent to which the textbook covers the essential
 knowledge and skills identified under Section 28.002 for the
 subject for which the textbook is written and certifies that:
 (A)  for a textbook for a senior-level course, a
 student who successfully completes a course based on the textbook
 will be prepared, without remediation, for entry into the eligible
 institution's freshman-level course in that subject; or
 (B)  for a textbook for a junior-level and
 senior-level course, a student who successfully completes the
 junior-level course based on the textbook will be prepared for
 entry into the senior-level course.
 SECTION 34.  Section 31.025(a), Education Code, is amended
 to read as follows:
 (a)  The agency [State Board of Education] shall set a limit
 on the cost that may be paid from the state textbook fund for a
 textbook placed on the conforming or nonconforming list for a
 particular subject and grade level. The agency [board] may not
 reject a textbook for placement on the conforming or nonconforming
 list because the textbook's price exceeds the limit established
 under this subsection.
 SECTION 35.  Sections 31.026(a) and (b), Education Code, are
 amended to read as follows:
 (a)  The agency [State Board of Education] shall execute a
 contract:
 (1)  for the purchase of each adopted textbook other
 than an electronic textbook; and
 (2)  for the purchase or licensing of each adopted
 electronic textbook.
 (b)  A contract must require the publisher to provide the
 number of textbooks required by school districts in this state for
 the term of the contract, which must coincide with the agency's
 [board's] adoption cycle.
 SECTION 36.  Section 31.0261, Education Code, is amended to
 read as follows:
 Sec. 31.0261.  CONTRACTS FOR PRINTING OF OPEN-SOURCE
 TEXTBOOKS. The agency [State Board of Education] may execute a
 contract for the printing of an open-source textbook listed on the
 conforming or nonconforming list. The contract must allow a school
 district to requisition printed copies of an open-source textbook
 as provided by Section 31.103.
 SECTION 37.  Sections 31.028(a), (b), and (c), Education
 Code, are amended to read as follows:
 (a)  The agency [State Board of Education] may purchase
 special textbooks for the education of blind and visually impaired
 students in public schools. In addition, for a teacher who is blind
 or visually impaired, the agency [board] shall provide a teacher's
 edition in Braille or large type, as requested by the teacher, for
 each textbook the teacher uses in the instruction of students. The
 teacher edition must be available at the same time the student
 textbooks become available.
 (b)  The publisher of an adopted textbook shall provide the
 agency with computerized textbook files for the production of
 Braille textbooks or other versions of textbooks to be used by
 students with disabilities, on request of the agency [State Board
 of Education]. A publisher shall arrange computerized textbook
 files in one of several optional formats specified by the agency
 [State Board of Education].
 (c)  The agency [board] may also enter into agreements
 providing for the acceptance, requisition, and distribution of
 special textbooks and instructional aids pursuant to 20 U.S.C.
 Section 101 et seq. for use by students enrolled in:
 (1)  public schools; or
 (2)  private nonprofit schools, if state funds, other
 than for administrative costs, are not involved.
 SECTION 38.  Section 31.029, Education Code, is amended to
 read as follows:
 Sec. 31.029.  BILINGUAL TEXTBOOKS. The agency [board] shall
 purchase or otherwise acquire textbooks for use in bilingual
 education classes.
 SECTION 39.  Section 31.030, Education Code, is amended to
 read as follows:
 Sec. 31.030.  USED TEXTBOOKS. The commissioner [State Board
 of Education] shall adopt rules to ensure that used textbooks sold
 to school districts and open-enrollment charter schools are not
 sample copies that contain factual errors. The rules may provide
 for the imposition of an administrative penalty in accordance with
 Section 31.151 against a seller of used textbooks who knowingly
 violates this section.
 SECTION 40.  Sections 31.035(a), (b), and (f), Education
 Code, are amended to read as follows:
 (a)  Notwithstanding any other provision of this subchapter,
 the agency [State Board of Education] may adopt supplemental
 textbooks that are not on the conforming or nonconforming list
 under Section 31.023. The agency [State Board of Education] may
 adopt a supplemental textbook under this section only if the
 textbook:
 (1)  contains material covering one or more primary
 focal points or primary topics of a subject in the required
 curriculum under Section 28.002, as determined by the agency [State
 Board of Education];
 (2)  is not designed to serve as the sole textbook for a
 full course;
 (3)  meets applicable physical specifications adopted
 by the agency [State Board of Education]; and
 (4)  is free from factual errors.
 (b)  The agency [State Board of Education] shall identify the
 essential knowledge and skills identified under Section 28.002 that
 are covered by a supplemental textbook adopted by the agency
 [board] under this section.
 (f)  A school district or open-enrollment charter school
 that requisitions supplemental textbooks under Subsection (d)(2)
 shall certify to the agency that the supplemental textbooks, in
 combination with any other textbooks or supplemental textbooks used
 by the district or school, cover the essential knowledge and skills
 identified under Section 28.002 by the agency [State Board of
 Education] for the subject and grade level for which the district or
 school is requisitioning the supplemental textbooks.
 SECTION 41.  Section 31.072(b), Education Code, is amended
 to read as follows:
 (b)  Following a curriculum revision by the agency [State
 Board of Education], the commissioner shall require the revision of
 a state-developed open-source textbook relating to that
 curriculum. The commissioner may, at any time, require an
 additional revision of a state-developed open-source textbook or
 contract for ongoing revisions of a textbook for a period not to
 exceed the period under Section 31.022 for which a textbook for that
 subject and grade level may be adopted. The commissioner shall use
 a competitive process to request proposals to revise a
 state-developed open-source textbook under this subsection.
 SECTION 42.  Section 31.073(b), Education Code, is amended
 to read as follows:
 (b)  If a school district or open-enrollment charter school
 selects a state-developed open-source textbook instead of another
 textbook adopted under Subchapter B, the difference between the
 cost determined by the commissioner under Subsection (a) and the
 maximum price for a textbook in the same subject area, as determined
 [by the State Board of Education] under Section 31.025, shall be
 allocated as follows:
 (1)  50 percent of the amount shall be credited to the
 state textbook fund under Section 31.021 to be used for purposes of
 this subchapter; and
 (2)  50 percent of the amount shall be credited to the
 school district or open-enrollment charter school for use as
 provided by Section 31.1011(c).
 SECTION 43.  Sections 31.101(a), (c-1), and (d), Education
 Code, are amended to read as follows:
 (a)  Each year, during a period established by the agency
 [State Board of Education], the board of trustees of each school
 district and the governing body of each open-enrollment charter
 school shall:
 (1)  for a subject in the foundation curriculum, notify
 the agency [State Board of Education] of the textbooks selected by
 the board of trustees or governing body for the following school
 year from among the textbooks on the appropriate conforming or
 nonconforming list, including the list adopted under Section
 31.0231; or
 (2)  for a subject in the enrichment curriculum:
 (A)  notify the agency [State Board of Education]
 of each textbook selected by the board of trustees or governing body
 for the following school year from among the textbooks on the
 appropriate conforming or nonconforming list, including the list
 adopted under Section 31.0231; or
 (B)  notify the agency [State Board of Education]
 that the board of trustees or governing body has selected a textbook
 that is not on the conforming or nonconforming list.
 (c-1)  Notwithstanding any other provision of this chapter,
 a school district or open-enrollment charter school must purchase a
 classroom set of textbooks adopted by the agency [State Board of
 Education] under Section 31.023 or 31.035 for each subject and
 grade level in the foundation and enrichment curriculum.
 (d)  For a textbook that is not on the conforming or
 nonconforming list, a school district or open-enrollment charter
 school must use the textbook for the period of the review and
 adoption cycle the agency [State Board of Education] has
 established for the subject and grade level for which the textbook
 is used.
 SECTION 44.  Section 31.103(b), Education Code, is amended
 to read as follows:
 (b)  A requisition for textbooks for the following school
 year shall be based on the maximum attendance reports under
 Subsection (a), plus an additional 10 percent, except as otherwise
 provided. A school district or open-enrollment charter school
 shall make a requisition for a textbook on the conforming or
 nonconforming list through the commissioner to the state depository
 designated by the publisher or as provided by commissioner [State
 Board of Education] rule, as applicable, not later than June 1 of
 each year. The designated state depository or, if the publisher or
 manufacturer does not have a designated textbook depository in this
 state under Section 31.151(a)(6)(B), the publisher or manufacturer
 shall fill a requisition approved by the agency at any other time in
 the case of an emergency. As made necessary by available funds, the
 commissioner shall reduce the additional percentage of attendance
 for which a district or school may requisition textbooks. The
 commissioner may, on application of a district or school that is
 experiencing high enrollment growth, increase the additional
 percentage of attendance for which the district or school may
 requisition textbooks.
 SECTION 45.  Section 31.1031, Education Code, is amended to
 read as follows:
 Sec. 31.1031.  SHORTAGE OF REQUISITIONED TEXTBOOKS. If a
 school district or open-enrollment charter school does not have a
 sufficient number of copies of a textbook used by the district or
 school for use during the following school year, and a sufficient
 number of additional copies will not be available from the
 depository or the publisher within the time specified by Section
 31.151(a)(8), the district or school is entitled to:
 (1)  be reimbursed from the state textbook fund, at a
 rate and in the manner provided by commissioner [State Board of
 Education] rule, for the purchase of a sufficient number of used
 adopted textbooks; or
 (2)  return currently used textbooks to the
 commissioner in exchange for sufficient copies, if available, of
 other textbooks on the conforming or nonconforming list to be used
 during the following school year.
 SECTION 46.  Sections 31.151(a), (b), and (c), Education
 Code, are amended to read as follows:
 (a)  A publisher or manufacturer of textbooks:
 (1)  shall furnish any textbook the publisher or
 manufacturer offers in this state, at a price that does not exceed
 the lowest price at which the publisher offers that textbook for
 adoption or sale to any state, public school, or school district in
 the United States;
 (2)  shall automatically reduce the price of a textbook
 sold for use in a school district or open-enrollment charter school
 to the extent that the price is reduced elsewhere in the United
 States;
 (3)  shall provide any textbook or ancillary item free
 of charge in this state to the same extent that the publisher or
 manufacturer provides the textbook or ancillary item free of charge
 to any state, public school, or school district in the United
 States;
 (4)  shall guarantee that each copy of a textbook sold
 in this state is at least equal in quality to copies of that
 textbook sold elsewhere in the United States and is free from
 factual error;
 (5)  may not become associated or connected with,
 directly or indirectly, any combination in restraint of trade in
 textbooks or enter into any understanding or combination to control
 prices or restrict competition in the sale of textbooks for use in
 this state;
 (6)  shall:
 (A)  maintain a depository in this state or
 arrange with a depository in this state to receive and fill orders
 for textbooks, other than open-source textbooks, on-line
 textbooks, or on-line textbook components, consistent with
 commissioner [State Board of Education] rules; or
 (B)  deliver textbooks to a school district or
 open-enrollment charter school without a delivery charge to the
 school district, open-enrollment charter school, or state, if:
 (i)  the publisher or manufacturer does not
 maintain or arrange with a depository in this state under Paragraph
 (A) and the publisher's or manufacturer's textbooks and related
 products are warehoused or otherwise stored less than 300 miles
 from a border of this state; or
 (ii)  the textbooks are open-source
 textbooks, on-line textbooks, or on-line textbook components;
 (7)  shall, at the time an order for textbooks is
 acknowledged, provide to school districts or open-enrollment
 charter schools an accurate shipping date for textbooks that are
 back-ordered;
 (8)  shall guarantee delivery of textbooks at least 10
 business days before the opening day of school of the year for which
 the textbooks are ordered if the textbooks are ordered by a date
 specified in the sales contract; and
 (9)  shall submit to the agency [State Board of
 Education] an affidavit certifying any textbook the publisher or
 manufacturer offers in this state to be free of factual errors at
 the time the publisher executes the contract required by Section
 31.026.
 (b)  The commissioner [State Board of Education] may impose a
 reasonable administrative penalty against a publisher or
 manufacturer who knowingly violates Subsection (a). The
 commissioner [board] shall provide for a hearing to be held to
 determine whether a penalty is to be imposed and, if so, the amount
 of the penalty. The commissioner [board] shall base the amount of
 the penalty on:
 (1)  the seriousness of the violation;
 (2)  any history of a previous violation;
 (3)  the amount necessary to deter a future violation;
 (4)  any effort to correct the violation; and
 (5)  any other matter justice requires.
 (c)  A hearing under Subsection (b) shall be held according
 to rules adopted by the commissioner [State Board of Education].
 SECTION 47.  Section 31.201, Education Code, is amended to
 read as follows:
 Sec. 31.201.  DISPOSITION OF TEXTBOOKS. (a) The
 commissioner[, with the approval of the State Board of Education,]
 may provide for the disposition of:
 (1)  textbooks, other than electronic textbooks, that
 are no longer in acceptable condition to be used for instructional
 purposes; or
 (2)  discontinued textbooks, other than electronic
 textbooks.
 (b)  The commissioner, as provided by rules adopted by the
 commissioner [State Board of Education], shall make available on
 request copies of discontinued textbooks, other than electronic
 textbooks, for use in libraries maintained in municipal and county
 jails, facilities operated by the Texas Department of Criminal
 Justice for the imprisonment of individuals convicted of felonies
 other than state jail felonies, and other state agencies.
 (c)  The commissioner [State Board of Education] shall adopt
 rules under which a school district or open-enrollment charter
 school may donate discontinued textbooks, other than electronic
 textbooks, to a student, to an adult education program, or to a
 nonprofit organization.
 SECTION 48.  Section 32.001, Education Code, is amended to
 read as follows:
 Sec. 32.001.  DEVELOPMENT OF LONG-RANGE PLAN. (a) The
 agency [State Board of Education] shall develop a long-range plan
 for:
 (1)  acquiring and using technology in the public
 school system;
 (2)  fostering professional development related to the
 use of technology for educators and others associated with child
 development;
 (3)  fostering computer literacy among public school
 students so that [by the year 2000] each high school graduate in
 this state has computer-related skills that meet standards adopted
 by the commissioner [board]; and
 (4)  identifying and, through regional education
 service centers, distributing information on emerging technology
 for use in the public schools.
 (b)  The agency [State Board of Education] shall update as
 necessary the plan developed under Subsection (a).
 (c)  The agency [State Board of Education], in coordination
 with [the Texas Higher Education Coordinating Board and] other
 public agencies and institutions the agency [State Board of
 Education] considers appropriate, shall propose legislation and
 funding necessary to implement the plan developed under Subsection
 (a).
 (d)  In developing the plan, the agency shall [State Board of
 Education must] consider accessibility of technology to students
 with disabilities.
 SECTION 49.  Sections 32.034(a), (c), (d), and (e),
 Education Code, are amended to read as follows:
 (a)  The commissioner[, as provided by State Board of
 Education policy,] may enter into an interagency contract with a
 public institution of higher education or a consortium of public
 institutions of higher education in this state to sponsor a center
 for educational technology under this section.
 (c)  The membership of the center shall consist of public
 school educators, regional education service centers, institutions
 of higher education, nonprofit organizations, and private sector
 representatives. The commissioner [State Board of Education] shall
 establish membership policies for the center.
 (d)  The board of directors of the center is composed of the
 commissioner or the commissioner's representative and other
 persons [shall be] appointed by the commissioner, as follows [State
 Board of Education and shall consist of]:
 (1)  representatives of the center, including members
 of the public education system; and
 (2)  a representative of each sponsoring institution of
 higher education[; and
 [(3)  the commissioner or the commissioner's
 representative].
 (e)  The board of directors shall:
 (1)  employ a director for the center;
 (2)  establish priorities for the center's activities;
 and
 (3)  report annually on the operation, projects, and
 fiscal affairs of the center to the commissioner if the
 commissioner does not serve on the board and to [State Board of
 Education and] the membership of the center.
 SECTION 50.  Sections 33.084(a) and (e), Education Code, are
 amended to read as follows:
 (a)  The interscholastic league advisory council is composed
 of:
 (1)  the commissioner [two members of the State Board
 of Education appointed by the chair of the board];
 (2)  a member of the house of representatives appointed
 by the speaker of the house;
 (3)  a member of the senate appointed by the lieutenant
 governor;
 (4)  two members of the legislative council of the
 University Interscholastic League appointed by the chairman of the
 council;
 (5)  two public school board members appointed by the
 commissioner; and
 (6)  four [three] members of the public appointed by
 the commissioner.
 (e)  The advisory council shall review the rules of the
 University Interscholastic League and shall make recommendations
 relating to the rules to the governor, the legislature, the
 legislative council of the University Interscholastic League, and
 the commissioner [State Board of Education].
 SECTION 51.  Section 37.108(a), Education Code, is amended
 to read as follows:
 (a)  Each school district or public junior college district
 shall adopt and implement a multihazard emergency operations plan
 for use in the district's facilities. The plan must address
 mitigation, preparedness, response, and recovery as defined by the
 commissioner [of education or commissioner of higher education] in
 conjunction with the governor's office of homeland security. The
 plan must provide for:
 (1)  district employee training in responding to an
 emergency;
 (2)  if the plan applies to a school district,
 mandatory school drills and exercises to prepare district students
 and employees for responding to an emergency;
 (3)  measures to ensure coordination with the
 Department of State Health Services and local emergency management
 agencies, law enforcement, health departments, and fire
 departments in the event of an emergency; and
 (4)  the implementation of a safety and security audit
 as required by Subsection (b).
 SECTION 52.  Sections 37.203(a) and (b), Education Code, are
 amended to read as follows:
 (a)  The center is advised by a board of directors composed
 of:
 (1)  the attorney general, or the attorney general's
 designee;
 (2)  the commissioner, or the commissioner's designee;
 (3)  the executive director of the Texas Juvenile
 Probation Commission, or the executive director's designee;
 (4)  the executive commissioner of the Texas Youth
 Commission, or the executive commissioner's designee;
 (5)  the commissioner of the Department of State Health
 Services, or the commissioner's designee; and
 (6)  [the commissioner of higher education, or the
 commissioner's designee; and
 [(7)]  the following members appointed by the governor
 with the advice and consent of the senate:
 (A)  a juvenile court judge;
 (B)  a member of a school district's board of
 trustees;
 (C)  an administrator of a public primary school;
 (D)  an administrator of a public secondary
 school;
 (E)  a member of the state parent-teacher
 association;
 (F)  a teacher from a public primary or secondary
 school;
 (G)  a public school superintendent who is a
 member of the Texas Association of School Administrators;
 (H)  a school district police officer or a peace
 officer whose primary duty consists of working in a public school;
 [and]
 (I)  an administrator of a public institution of
 higher education; and
 (J)  two members of the public.
 (b)  Members of the board appointed under Subsection (a)(6)
 [(a)(7)] serve staggered two-year terms, with the terms of the
 members described by Subsections (a)(6)(A)-(E) [(a)(7)(A)-(E)]
 expiring on February 1 of each odd-numbered year and the terms of
 the members described by Subsections (a)(6)(F)-(J) [(a)(7)(F)-(I)]
 expiring on February 1 of each even-numbered year. A member may
 serve more than one term.
 SECTION 53.  Section 37.216(a), Education Code, is amended
 to read as follows:
 (a)  Not later than January 1 of each odd-numbered year, the
 board shall provide a report to the governor, the legislature, [the
 State Board of Education,] and the agency.
 SECTION 54.  Section 37.2161(a), Education Code, is amended
 to read as follows:
 (a)  The center shall periodically provide a school safety
 and security progress report to the governor, the legislature, [the
 State Board of Education,] and the agency that contains current
 information regarding school safety and security in the school
 districts and public junior college districts of this state based
 on:
 (1)  elements of each district's multihazard emergency
 operations plan required by Section 37.108(a);
 (2)  elements of each district's safety and security
 audit required by Section 37.108(b); and
 (3)  any other report required to be submitted to the
 center.
 SECTION 55.  Sections 39.023(c), (c-3), (e), (g), (h), and
 (l), Education Code, are amended to read as follows:
 (c)  The agency shall also adopt end-of-course assessment
 instruments for secondary-level courses in Algebra I, Algebra II,
 geometry, biology, chemistry, physics, English I, English II,
 English III, world geography, world history, and United States
 history. The Algebra I, Algebra II, and geometry end-of-course
 assessment instruments must be administered with the aid of
 technology. A school district shall comply with commissioner
 [State Board of Education] rules regarding administration of the
 assessment instruments listed in this subsection and shall adopt a
 policy that requires a student's performance on an end-of-course
 assessment instrument for a course listed in this subsection in
 which the student is enrolled to account for 15 percent of the
 student's final grade for the course. If a student retakes an
 end-of-course assessment instrument for a course listed in this
 subsection, as provided by Section 39.025, a school district is not
 required to use the student's performance on the subsequent
 administration or administrations of the assessment instrument to
 determine the student's final grade for the course. If a student is
 in a special education program under Subchapter A, Chapter 29, the
 student's admission, review, and dismissal committee shall
 determine whether any allowable modification is necessary in
 administering to the student an assessment instrument required
 under this subsection. The agency [State Board of Education] shall
 administer the assessment instruments. The agency [State Board of
 Education] shall adopt a schedule for the administration of
 end-of-course assessment instruments that complies with the
 requirements of Subsection (c-3).
   (c-3)  In adopting a schedule for the administration of
 assessment instruments under this section, the agency [State Board
 of Education] shall require:
 (1)  assessment instruments administered under
 Subsection (a) to be administered on a schedule so that the first
 assessment instrument is administered at least two weeks later than
 the date on which the first assessment instrument was administered
 under Subsection (a) during the 2006-2007 school year; and
 (2)  the spring administration of end-of-course
 assessment instruments under Subsection (c) to occur in each school
 district not earlier than the first full week in May, except that
 the spring administration of the end-of-course assessment
 instruments in English I, English II, and English III must be
 permitted to occur at an earlier date.
 (e)  Under rules adopted by the commissioner [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 commissioner [board] rule, each question that
 is no longer being field-tested and that was not used to compute a
 student's score.
 (g)  The agency [State Board of Education] may adopt one
 appropriate, nationally recognized, norm-referenced assessment
 instrument in reading and mathematics to be administered to a
 selected sample of students in the spring. If adopted, a
 norm-referenced assessment instrument must be a secured test. The
 state may pay the costs of purchasing and scoring the adopted
 assessment instrument and of distributing the results of the
 adopted instrument to the school districts. A district that
 administers the norm-referenced test adopted under this subsection
 shall report the results to the agency in a manner prescribed by the
 commissioner.
 (h)  The agency shall notify school districts and campuses of
 the results of assessment instruments administered under this
 section at the earliest possible date [determined by the State
 Board of Education] but not later than the beginning of the
 subsequent school year.
 (l)  The commissioner [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 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)(1) or (2). 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 56.  Sections 39.0233(a) and (c), Education Code,
 are amended to read as follows:
 (a)  The agency[, in coordination with the Texas Higher
 Education Coordinating Board,] shall adopt a series of questions to
 be included in an end-of-course assessment instrument administered
 under Section 39.023(c) to be used for purposes of Section 51.3062.
 The questions adopted under this subsection must be developed in a
 manner consistent with any college readiness standards adopted
 under Sections 39.233 [39.113] and 51.3062.
 (c)  The commissioner [State Board of Education] shall
 establish a level of performance on the questions adopted under
 this section that indicates a student's college readiness. A
 student's performance on the questions adopted under this section
 must be evaluated separately from the student's performance on the
 remainder of the assessment instrument. A student's performance on
 a question adopted under this section may not be used to determine
 the student's performance on the assessment instrument for purposes
 of Section 39.023 or 39.025. The commissioner shall adopt rules
 concerning the reporting of a student's performance on the
 questions adopted under this section.
 SECTION 57.  Sections 39.024(a), (b), (c), (e), (f), (g),
 and (h), Education Code, are amended to read as follows:
 (a)  In this section, "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 for a baccalaureate degree or associate degree program
 at:
 (1)  a general academic teaching institution, as
 defined by Section 61.003, other than a research institution, as
 categorized under the agency's [Texas Higher Education
 Coordinating Board's] accountability system; or
 (2)  a postsecondary educational institution that
 primarily offers associate degrees or certificates or credentials
 other than baccalaureate or advanced degrees.
 (b)  The agency [and the Texas Higher Education Coordinating
 Board] shall ensure that the Algebra II and English III
 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 college readiness.
 (c)  The [Before the beginning of the 2011-2012 school year,
 the] agency[, in collaboration with the Texas Higher Education
 Coordinating Board,] shall gather data and conduct research studies
 to substantiate 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.
 (e)  Based on the results of the studies conducted under
 Subsection (c), the commissioner [of education and the commissioner
 of higher education] shall establish student performance standards
 for the Algebra II and English III end-of-course assessment
 instruments indicating that students have attained college
 readiness.
 (f)  The agency[, in collaboration with the Texas Higher
 Education Coordinating Board,] shall conduct research studies
 similar to the studies conducted under Subsection (c) for the
 appropriate science and social studies end-of-course assessment
 instruments. If the commissioner [of education, in collaboration
 with the commissioner of higher education,] determines that the
 research studies conducted under this subsection substantiate a
 correlation between a certain level of performance by students on
 science and social studies end-of-course assessment instruments
 and college readiness, the commissioner [of education, in
 collaboration with the commissioner of higher education], as soon
 as practicable, may establish student performance standards for the
 science and social studies end-of-course assessment instruments
 indicating that students have attained college readiness.
 (g)  The agency[, in collaboration with the Texas Higher
 Education Coordinating Board,] shall continue to gather data to
 perform studies as provided under Subsections (c) and (f) at least
 once every three years.
 (h)  The agency [and the Texas Higher Education Coordinating
 Board] 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 [and the Texas
 Higher Education Coordinating Board] 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 and higher 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 [and the
 Texas Higher Education Coordinating Board determine] that the
 college readiness performance standards established under this
 section are not sufficiently rigorous, the agency [and the Texas
 Higher Education Coordinating Board] shall recommend changes to the
 college readiness performance standards.
 SECTION 58.  Section 39.0241(a-1), Education Code, is
 amended to read as follows:
 (a-1)  The commissioner [of education, in collaboration with
 the commissioner of higher education,] shall determine the level of
 performance necessary to indicate college readiness, as defined by
 Section 39.024(a).
 SECTION 59.  Section 39.0242(d), Education Code, is amended
 to read as follows:
 (d)  The agency shall continue to gather data and perform
 studies as provided under this section at least once every three
 years. If the data do not support the correlation between student
 performance standards and college readiness, the commissioner [of
 education, in collaboration with the commissioner of higher
 education,] shall revise the standard of performance considered to
 be satisfactory.
 SECTION 60.  Section 39.026, Education Code, is amended to
 read as follows:
 Sec. 39.026.  LOCAL OPTION. In addition to the assessment
 instruments adopted and administered by the agency [and
 administered by the State Board of Education], a school district
 may adopt and administer criterion-referenced or norm-referenced
 assessment instruments, or both, at any grade level. A
 norm-referenced assessment instrument adopted under this section
 must be economical, nationally recognized, and state-approved.
 SECTION 61.  Section 39.052(b), Education Code, is amended
 to read as follows:
 (b)  In determining the accreditation status of a school
 district, the commissioner:
 (1)  shall evaluate and consider:
 (A)  performance on student achievement
 indicators described by Section 39.053(c); and
 (B)  performance under the financial
 accountability rating system developed under Subchapter D; 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.
 SECTION 62.  Section 39.263(c), Education Code, is amended
 to read as follows:
 (c)  The commissioner shall select annually schools and
 districts qualified to receive successful school awards for their
 performance and report the selections to the governor [and the
 State Board of Education].
 SECTION 63.  Section 39.307, Education Code, is amended to
 read as follows:
 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;
 (B) [(C)]  the board of trustees of a school
 district in the evaluation of the performance of the superintendent
 of the district; and
 (C) [(D)]  the superintendent in the evaluation
 of the performance of the district's campus principals.
 SECTION 64.  Sections 39.331(d) and (e), Education Code, are
 amended to read as follows:
 (d)  Subsections (a) and (b) apply to any report required by
 statute that the agency [or the State Board of Education] must
 prepare and deliver to the governor, lieutenant governor, speaker
 of the house of representatives, or legislature.
 (e)  Unless otherwise provided by law, any report required by
 statute that the agency [or the State Board of Education] must
 prepare and deliver to the governor, lieutenant governor, speaker
 of the house of representatives, or legislature may be combined, at
 the discretion of the commissioner, with a report required by this
 subchapter.
 SECTION 65.  Section 39.332(b)(23), Education Code, is
 amended to read as follows:
 (23)  The report must contain any additional
 information considered important by the commissioner [or the State
 Board of Education].
 SECTION 66.  Section 39.402(b), Education Code, is amended
 to read as follows:
 (b)  The council is composed of:
 (1)  the commissioner [of education]; and
 (2)  [the commissioner of higher education; and
 [(3)]  seven members appointed by the commissioner [of
 education].
 SECTION 67.  Section 39.404, Education Code, is amended to
 read as follows:
 Sec. 39.404.  PRESIDING OFFICER. The commissioner [of
 education] serves as the presiding officer of the council.
 SECTION 68.  Section 39.406(a), Education Code, is amended
 to read as follows:
 (a)  Except as otherwise provided, staff members of the
 agency[, with the assistance of the Texas Higher Education
 Coordinating Board,] shall provide administrative support for the
 council.
 SECTION 69.  Sections 39.407(b) and (c), Education Code, are
 amended to read as follows:
 (b)  The commissioner [of education and the commissioner of
 higher education] shall adopt rules as necessary to administer the
 strategic plan adopted by the council under this section.
 (c)  The commissioner [of education or the commissioner of
 higher education] may not, in a manner inconsistent with the
 strategic plan, spend money, award a grant, or enter into a contract
 in connection with a program relating to high school success and
 completion.
 SECTION 70.  Section 39.409, Education Code, is amended to
 read as follows:
 Sec. 39.409.  PRIVATE FOUNDATION PARTNERSHIPS. (a) The
 commissioner [of education or the commissioner of higher education,
 as appropriate,] and the council may coordinate with private
 foundations that have made a substantial investment in the
 improvement of high schools in this state to maximize the impact of
 public and private investments.
 (b)  A private foundation is not required to obtain the
 approval of the [appropriate] commissioner or the council under
 Subsection (a) before allocating resources to a school in this
 state.
 SECTION 71.  Sections 39.411(a), (c), and (d), Education
 Code, are amended to read as follows:
 (a)  Based on the strategic plan adopted under this
 subchapter, the council shall make recommendations to the
 commissioner [of education or the commissioner of higher education,
 as applicable,] for the use of federal and state funds appropriated
 or received for high school reform, college readiness, and dropout
 prevention, including grants awarded under Sections 21.4511,
 21.4541, 29.095, 29.096, 29.097, 29.098 [29.095-29.098], 29.917,
 [29.919,] and 39.235.
 (c)  The commissioner [of education or the commissioner of
 higher education, as applicable,] shall consider the council's
 recommendations and based on those recommendations may award grants
 to school districts, open-enrollment charter schools, institutions
 of higher education, regional education service centers, and
 nonprofit organizations to meet the goals of the council's
 strategic plan.
 (d)  The commissioner [of education or the commissioner of
 higher education, as applicable]:
 (1)  is not required under this section to allocate
 funds to a program or initiative recommended by the council; and
 (2)  may not initiate a program funded under this
 section that does not conform to the recommended use of funds as
 provided under Subsections (a) and (b).
 SECTION 72.  Sections 39.413, 39.414, and 39.416, Education
 Code, are amended to read as follows:
 Sec. 39.413.  FUNDING FOR CERTAIN PROGRAMS. (a) From funds
 appropriated, the commissioner [Texas Higher Education
 Coordinating Board] shall allocate $8.75 million each year to
 establish mathematics, science, and technology teacher preparation
 academies under Section 61.0766, [provide funding to the
 commissioner of education to] implement and administer the program
 under Section 29.098, and award grants under Section 61.0762(a)(3).
 (b)  The agency [Texas Higher Education Coordinating Board]
 shall establish mathematics, science, and technology teacher
 preparation academies under Section 61.0766, [provide funding to
 the commissioner of education to] implement and administer the
 program under Section 29.098, and award grants under Section
 61.0762(a)(3) in a manner consistent with the goals of this
 subchapter and the goals in "Closing the Gaps," the state's master
 plan for higher education.
 Sec. 39.414.  PRIVATE FUNDING. The commissioner [of
 education or the commissioner of higher education, as appropriate,]
 may accept gifts, grants, or donations to fund a grant administered
 under this subchapter.
 Sec. 39.416.  RULES. The commissioner [of education and the
 commissioner of higher education] shall adopt rules as necessary to
 administer this subchapter and any programs under the authority of
 the commissioner [of education or the commissioner of higher
 education] and the council under this subchapter.
 SECTION 73.  Section 42.004, Education Code, is amended to
 read as follows:
 Sec. 42.004.  ADMINISTRATION OF THE PROGRAM. The
 commissioner, in accordance with the rules of the commissioner
 [State Board of Education], shall take such action and require such
 reports consistent with this chapter as may be necessary to
 implement and administer the Foundation School Program.
 SECTION 74.  Sections 51.403(d) and (e), Education Code, are
 amended to read as follows:
 (d)  Each institution shall file with its governing board and
 the Texas Education Agency [coordinating board] a small class
 report, excluding individual instruction courses, indicating
 department, course number, title of course, and the name of the
 instructor. "Small classes," for the purpose of this report, are
 undergraduate-level courses with less than 10 registrations, and
 graduate-level courses with less than 5 registrations. No small
 classes shall be offered in any institution except as authorized by
 the appropriate governing board, within the guidelines established
 by the commissioner of education [Coordinating Board].
 (e)  Under guidelines established by the commissioner of
 education [Coordinating Board, Texas College and University
 System, and the State Board of Education], postsecondary
 institutions shall report student performance during the first year
 enrolled after graduation from high school to the high school or
 junior college last attended. This report shall include[, but not
 be limited to,] appropriate student test scores, a description of
 developmental courses required, and the student's grade point
 average. Appropriate safeguards for student privacy shall be
 included in the rules for implementation of this subsection.
 SECTION 75.  Sections 51.605(a), (b), and (f), Education
 Code, are amended to read as follows:
 (a)  The commissioner shall allocate the fund in accordance
 with guidelines adopted by the commissioner [State Board of
 Education]. Funding shall be allocated in proportion to the
 percentage of women and underrepresented minority group students
 participating in eligible programs. The guidelines must ensure
 that programs approved for funding:
 (1)  use professional volunteers at each level of
 instruction;
 (2)  require parental involvement;
 (3)  coordinate with public school preparation for
 scientific and mathematical careers;
 (4)  coordinate with postsecondary educational
 institutions;
 (5)  involve organizations of women and minority group
 members;
 (6)  provide demonstrated professional leadership in
 educational activities for women and minority group members; and
 (7)  are compatible with state and federal laws
 governing education.
 (b)  The commissioner shall allocate the fund as follows:
 (1)  the commissioner shall first allocate available
 funds to provide to each eligible program an amount equal to, at
 most, 50 percent of the amount of contributions the program
 received during the preceding fiscal year, as certified by the
 chief executive officer of the institution applying for the funds
 and verified by the commissioner;
 (2)  after all grants have been made under Subdivision
 (1) of this subsection for which applications have been received by
 a date set by rule of the commissioner [board], the commissioner may
 allocate funds for the establishment or continued operation of
 eligible programs that have not received contributions; and
 (3)  the commissioner may allocate any amount remaining
 in the fund on January 1 of each year among the institutions
 receiving grants under Subdivision (1) of this subsection in
 proportion to each program's share of the total amount allocated
 under that subdivision.
 (f)  The commissioner [State Board of Education] shall adopt
 rules establishing procedures by which an entity must apply for
 funding and account for any funds received.
 SECTION 76.  Section 51.606(b), Education Code, is amended
 to read as follows:
 (b)  The commissioner [coordinating board] shall determine
 on an annual basis which groups meet the requirements set out in
 Subsection (a)(2) [Subdivision (2) of Subsection (a) of this
 section and shall certify that determination to the commissioner of
 education].
 SECTION 77.  Section 51.752(g), Education Code, is amended
 to read as follows:
 (g)  The committee shall report to the Legislative Budget
 Board at least once a year. The committee shall also report to the
 governor, the commissioner of education [State Board of Education,
 the Texas Higher Education Coordinating Board], and the legislature
 before the convening of each regular session.
 SECTION 78.  Section 51.807, Education Code, is amended to
 read as follows:
 Sec. 51.807.  RULEMAKING. (a) The commissioner of
 education [Texas Higher Education Coordinating Board] may adopt
 rules relating to the operation of admissions programs under this
 subchapter, including rules relating to the identification of
 eligible students.
 (b)  The commissioner of education [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
 recommended or advanced high school program.
 SECTION 79.  Sections 51.916(a) and (b), Education Code, are
 amended to read as follows:
 (a)  From funds appropriated for that purpose, the Texas
 Education Agency [Coordinating Board, Texas College and University
 System,] may make grants to institutions of higher education for
 the purpose of supporting research in teaching, primary and
 secondary curricula, learning, and early childhood education.
 (b)  Grants shall be awarded on a competitive basis according
 to standards adopted by rule of the commissioner of education
 [board]. In making grants, the agency [board] shall consider
 encouraging the development of research centers at particular
 institutions of higher education.
 SECTION 80.  Sections 51.968(d) and (f), Education Code, are
 amended to read as follows:
 (d)  Each institution of higher education shall report to the
 Texas Education Agency [coordinating board] the institution's
 policy adopted under this section and shall include a copy of the
 policy with the institution's undergraduate student application
 materials, including application materials available on the
 institution's Internet website.
 (f)  The [coordinating board, in consultation with the]
 Texas Education Agency, shall:
 (1)  identify correlations between the subject matter
 and content of courses offered by each institution of higher
 education and the subject matter and content of courses and
 examinations in the International Baccalaureate Diploma Program,
 the Advanced Placement Program, and the College-Level Examination
 Program; and
 (2)  make that information available to the public on
 the agency's [coordinating board's] Internet website.
 SECTION 81.  Section 54.211(b), Education Code, as amended
 by Chapters 45 (S.B. 43) and 1372 (S.B. 939), Acts of the 81st
 Legislature, Regular Session, 2009, is reenacted and amended to
 read as follows:
 (b)  The Texas Education Agency [and the Texas Higher
 Education Coordinating Board] shall develop outreach programs to
 ensure that students in the conservatorship of the Department of
 Family and Protective Services and in grades 9-12 are aware of the
 availability of the exemption from the payment of tuition and fees
 provided by this section.
 SECTION 82.  Section 54.2111(b), Education Code, is amended
 to read as follows:
 (b)  The Texas Education Agency [and the Texas Higher
 Education Coordinating Board] shall develop outreach programs to
 ensure that eligible [adopted] students in grades 9-12 [formerly in
 foster or other residential care] are aware of the availability of
 the exemption from the payment of tuition and fees provided by this
 section.
 SECTION 83.  Section 56.207, Education Code, is amended to
 read as follows:
 Sec. 56.207.  PAYMENT OF STATE CREDIT. (a) At least once
 each year, [the coordinating board shall submit a report to] the
 commissioner of education shall prepare a report that includes:
 (1)  the name of each student who used the state credit
 under this subchapter during the period covered by the report;
 (2)  the school district from which each student
 graduated from high school; and
 (3)  the amount of the state credit used by each student
 during the period covered by the report.
 (b)  The [On receipt of a report from the coordinating board
 under Subsection (a), the] commissioner of education shall
 distribute to each eligible institution of higher education
 [transfer to the coordinating board], from funds appropriated for
 the Foundation School Program, an amount sufficient to pay each
 eligible institution [of higher education] the amount of state
 credit for tuition or tuition and mandatory fees, as applicable,
 that is applied by the institution during the period covered by the
 report.
 [(c)  The coordinating board shall distribute the
 appropriate amount of funds to each eligible institution when the
 board receives the funds under Subsection (b).]
 SECTION 84.  Sections 56.304(a), (e-2), and (h), 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
 commissioner of education [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 recommended or advanced
 high school 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
 commissioner of education [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 commissioner of
 education [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 commissioner of education [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 commissioner of education [coordinating
 board] under this subchapter.
 (e-2)  The commissioner of education [coordinating board]
 shall adopt rules to provide a person who is otherwise eligible to
 receive a TEXAS grant additional time during which the person may
 receive a TEXAS grant in the event of a hardship or other good cause
 shown that prevents the person from continuing the person's
 enrollment during the period the person would otherwise have been
 eligible to receive a TEXAS grant, including a showing of a severe
 illness or other debilitating condition or that the person is or was
 responsible for the care of a sick, injured, or needy person.
 (h)  The commissioner of education [coordinating board]
 shall adopt rules to allow a person who is otherwise eligible to
 receive a TEXAS grant, in the event of a hardship or for other good
 cause shown, including a showing of a severe illness or other
 debilitating condition that may affect the person's academic
 performance or that the person is responsible for the care of a
 sick, injured, or needy person and that the person's provision of
 care may affect the person's academic performance, to receive a
 TEXAS grant while enrolled in a number of semester credit hours that
 is less than the number of semester credit hours required under
 Subsection (a)(5). The commissioner of education [coordinating
 board] may not allow a person to receive a TEXAS grant while
 enrolled in fewer than six semester credit hours.
 SECTION 85.  Sections 56.353(b) and (c), Education Code, are
 amended to read as follows:
 (b)  The commissioner of education [coordinating board] in
 awarding repayment assistance shall give priority to applicants who
 demonstrate financial need.
 (c)  If the money available for loan repayment assistance in
 a period for which assistance is awarded is insufficient to provide
 assistance to all eligible applicants described by Subsection (b),
 the commissioner of education [coordinating board] shall establish
 priorities for awarding repayment assistance to address the most
 critical teacher shortages described by Subsection (a).
 SECTION 86.  Sections 56.357(a), (d), (e), (f), (g), (h),
 and (j), Education Code, are amended to read as follows:
 (a)  The Texas Education Agency [coordinating board] shall
 establish a program under which the agency [coordinating board]
 awards grants to assist persons seeking educator certification
 through alternative educator certification programs as provided by
 this section.
 (d)  In selecting applicants to receive grants under the
 program, the Texas Education Agency [coordinating board] shall
 consider:
 (1)  the financial resources of an applicant;
 (2)  the efficient use of the money available for
 grants;
 (3)  the opportunity of applicants from all regions of
 this state to receive grants; and
 (4)  any other factor the agency [coordinating board]
 considers appropriate to further the purposes of this subchapter.
 (e)  The amount of a grant under the program is equal to two
 times the current amount of a TEXAS grant under Subchapter M for a
 student enrolled in a general academic teaching institution. The
 Texas Education Agency [coordinating board] may pay the amount of
 the grant in installments during the period in which the person is
 enrolled in the person's alternative educator certification
 program.
 (f)  The person must begin fulfilling the person's teaching
 obligation not later than the 18th month after the person completes
 the alternative educator certification program, unless the Texas
 Education Agency [coordinating board] for good cause grants the
 person additional time to begin fulfilling the teaching obligation.
 The person must complete the teaching obligation not later than the
 sixth year after the date the person begins to fulfill the teaching
 obligation. The agency [coordinating board] shall grant a person
 additional time to complete the teaching obligation for good cause.
 (g)  The Texas Education Agency [coordinating board] shall
 cancel a person's teaching obligation if the agency [coordinating
 board] determines that the person:
 (1)  has become permanently disabled so that the person
 is not able to teach; or
 (2)  has died.
 (h)  The Texas Education Agency [coordinating board] shall
 require a person who receives a grant to sign a promissory note
 acknowledging the conditional nature of the grant and promising to
 repay the amount of the grant plus applicable interest and
 reasonable collection costs if the person does not satisfy the
 applicable conditions of the grant. The agency [coordinating
 board] shall determine the terms of the promissory note.
 (j)  A person receiving a grant is considered to have failed
 to satisfy the conditions of the grant, and the grant automatically
 becomes a loan, if the person, without good cause as determined by
 the Texas Education Agency [coordinating board], fails to:
 (1)  remain enrolled in or to make steady progress in
 the alternative educator certification program for which the grant
 was made or, with the approval of the agency [coordinating board],
 in another alternative educator certification program; or
 (2)  become certified as a classroom teacher not later
 than the 18th month after the date the person completes the
 alternative educator certification program.
 SECTION 87.  Section 57.21(b), Education Code, is amended to
 read as follows:
 (b)  The corporation shall coordinate its efforts under this
 section with other entities, including [the Texas Higher Education
 Coordinating Board,] the Texas Education Agency, professional,
 educational, and civic associations, postsecondary educational
 institutions that participate in the corporation's programs, and
 lender advisory committees established under Section 57.461.
 SECTION 88.  Sections 61.076(b), (c), (d), and (g),
 Education Code, are amended to read as follows:
 (b)  The P-16 Council is composed of the commissioner of
 education, [the commissioner of higher education,] the executive
 director of the Texas Workforce Commission, [the executive director
 of the State Board for Educator Certification,] and the
 commissioner of assistive and rehabilitative services. The
 [commissioner of higher education and the] commissioner of
 education serves [shall serve] as chair [co-chairs] of the council.
 (c)  The chair [co-chairs] may appoint four [three]
 additional members who are education professionals, agency
 representatives, business representatives, or other members of the
 community. Members appointed to the council under this subsection
 serve two-year terms expiring February 1 of each odd-numbered year.
 (d)  The council shall meet at least once each calendar
 quarter and may hold other meetings as necessary at the call of the
 chair [co-chairs]. Each member of the council or the member's
 designee shall make a report of the council's activities at least
 twice annually to the governing body of the member's agency, except
 that [the commissioner of education or that commissioner's designee
 shall report to the State Board of Education and] the commissioner
 of assistive and rehabilitative services or that commissioner's
 designee shall report to the executive commissioner of the Health
 and Human Services Commission.
 (g)  The council shall advise the Texas Education Agency when
 it acts as the State Board for Career and Technology Education
 [board and the State Board of Education] on the coordination of
 postsecondary career and technology activities, career and
 technology teacher education programs offered or proposed to be
 offered in the colleges and universities of this state, and other
 relevant matters, including:
 (1)  coordinating postsecondary career and technology
 education and the articulation between postsecondary career and
 technology education and secondary career and technology
 education;
 (2)  [facilitating the transfer of responsibilities
 for the administration of postsecondary career and technology
 education from the State Board of Education to the board in
 accordance with Section 111(a)(I) of the Carl D. Perkins Vocational
 Education Act (Pub. L. No. 98-524);
 [(3)]  advising the Texas Education Agency [State Board
 of Education], when it acts as the State Board for Career and
 Technology Education, on the following:
 (A)  the transfer of federal funds [to the board]
 for allotment to eligible public postsecondary institutions of
 higher education;
 (B)  the career and technology education funding
 for projects and institutions [as determined by the board] when the
 State Board for Career and Technology Education is required by
 federal law to endorse those determinations;
 (C)  the development and updating of the state
 plan for career and technology education and the evaluation of
 programs, services, and activities of postsecondary career and
 technology education and amendments to the state plan for career
 and technology education as may relate to postsecondary education;
 (D)  other matters related to postsecondary
 career and technology education; and
 (E)  the coordination of curricula, instructional
 programs, research, and other functions as appropriate, including
 school-to-work and school-to-college transition programs and
 professional development activities; and
 (3) [(4)]  advising the Texas Workforce Investment
 Council on educational policy issues related to workforce
 preparation.
 SECTION 89.  Sections 61.0761(a), (b), (d), and (e),
 Education Code, are amended to read as follows:
 (a)  The P-16 Council established under Section 61.076 shall
 recommend to the commissioner of education [and the board] a
 college readiness and success strategic action plan to increase
 student success and decrease the number of students enrolling in
 developmental course work in institutions of higher education. The
 plan must include:
 (1)  definitions[, as determined by the P-16 Council in
 coordination with the State Board of Education,] of the standards
 and expectations for college readiness that address the knowledge
 and skills expected of students to perform successfully in
 entry-level courses offered at institutions of higher education;
 (2)  a description of the components of a P-16
 individualized graduation plan sufficient to prepare students for
 college success;
 (3)  the manner in which the Texas Education Agency
 should provide model curricula for use as a reference tool by school
 district employees;
 (4)  recommendations to the Texas Education Agency[,
 the State Board of Education, and the board] regarding strategies
 for decreasing the number of students enrolling in developmental
 course work at institutions of higher education;
 (5)  recommendations to the State Board for Educator
 Certification regarding changes to educator certification and
 professional development requirements that contribute to the
 ability of public school teachers to prepare students for higher
 education; and
 (6)  any other elements that the commissioner of
 education suggests [and the board suggest] for inclusion in the
 plan.
 (b)  The commissioner of education [and the board] shall
 adopt the college readiness and success strategic action plan
 recommended by the P-16 Council if the commissioner determines [of
 education and the board determine] that the plan meets the
 requirements of this section.
 (d)  Not later than December 1 of each even-numbered year,
 the commissioner of education [and the board] shall submit a report
 to the governor, the lieutenant governor, the speaker of the house
 of representatives, each member of the Legislative Budget Board,
 and the members of the standing committees of the senate and house
 of representatives with primary jurisdiction over the public school
 system and higher education system describing progress in
 implementing the college readiness and success strategic action
 plan.
 (e)  The commissioner of education [and the board] shall
 adopt rules necessary to implement this section.
 SECTION 90.  Sections 61.0776(a), (b), (c), and (f),
 Education Code, are amended to read as follows:
 (a)  The Texas Education Agency [board], in cooperation with
 public and private or independent institutions of higher education,
 [the Texas Education Agency,] public school counselors,
 representatives of student financial aid offices of any
 institutions, regional education service centers, and the Texas
 Guaranteed Student Loan Corporation, shall develop a center for
 financial aid information. The center shall disseminate
 information about financial aid opportunities and procedures,
 including information about different types of financial aid
 available, eligibility requirements, and procedures for applying
 for financial aid. The center shall also provide information to
 prospective students about the Teach for Texas grant program. The
 information must emphasize the importance of teaching as a
 profession.
 (b)  To assist the Texas Education Agency [board] in
 developing information provided by the center, the commissioner of
 education [board] shall create and appoint an advisory committee
 that consists of experts in financial aid administration, public
 school counselors, and other persons who can provide insight into
 the informational needs of students.
 (c)  The commissioner of education [board] may designate an
 institution of higher education or other entity with appropriate
 facilities and resources to operate or house the center. If the
 commissioner of education [board] designates a public nonprofit
 entity created by the legislature to operate or house the center,
 the commissioner [board] may reimburse the entity from money
 appropriated for that purpose for the costs incurred by the entity
 in carrying out the activities of the center under this section.
 (f)  The Texas Education Agency [board], in cooperation with
 the entities specified by Subsection (a) and the advisory committee
 established by Subsection (b), shall develop a comprehensive
 financial aid training program for public school counselors,
 employees of student financial aid offices of public and private or
 independent institutions of higher education, members of
 appropriate community-based organizations, and other appropriate
 persons. The commissioner of education [board] may adopt rules as
 necessary to administer the training program. The agency [board]
 shall design the training program to:
 (1)  use the information required by Subsection (e) and
 any other information necessary to carry out this subdivision:
 (A)  to inform persons receiving the training
 concerning:
 (i)  the opportunities available to students
 for obtaining financial aid, including eligibility requirements;
 and
 (ii)  the procedures for obtaining financial
 aid; and
 (B)  to provide sufficient and accessible detail
 to enable the persons receiving the training to provide timely and
 consistent answers to the questions of students and their parents,
 conservators, or guardians concerning the opportunities and
 procedures;
 (2)  teach methods to enable the persons receiving the
 training to effectively communicate financial aid information to
 students and their parents, conservators, or guardians;
 (3)  support and promote the dissemination of financial
 aid information to students and their parents, conservators, or
 guardians throughout local areas; and
 (4)  publicize the training and make the training
 easily available to public school counselors and other appropriate
 persons throughout this state.
 SECTION 91.  Sections 61.702(a) and (c), Education Code, are
 amended to read as follows:
 (a)  To be eligible to receive repayment assistance for
 classroom teachers, a person must apply to the Texas Education
 Agency [board] and must:
 (1)  have completed at least one year of employment as a
 full-time classroom teacher at the preschool, primary, or secondary
 level in a public school in this state in an area or field of acute
 teacher shortage as designated by the commissioner of education;
 and
 (2)  be employed as a full-time classroom teacher at
 the preschool, primary, or secondary level in a public school in
 this state in an area or field described by Subdivision (1).
 (c)  The Texas Education Agency [board] shall give priority
 in granting repayment assistance for classroom teachers to a person
 who received repayment assistance for classroom teachers for the
 preceding school year. The priority terminates if the person does
 not apply for or is not eligible for that assistance. In
 extraordinary circumstances, the agency [board] may allow a person
 to maintain the priority after one or more years in which the person
 is unable to teach as a classroom teacher.
 SECTION 92.  Section 61.784, Education Code, is amended to
 read as follows:
 Sec. 61.784.  COORDINATION. The Texas Education Agency
 [board] may establish an interagency task force on international
 studies and cultural exchange, coordinated by the academy, to
 develop long-range goals designed to enhance foreign language and
 international studies and to expand educational and cultural
 exchange. If the [board establishes the] task force is
 established, then in addition to other persons chosen for the task
 force by the academy, the academy shall invite the governor, the
 commissioner of education, [the commissioner of higher education,]
 the executive director of the Texas Economic Development and
 Tourism Office [Texas Department of Commerce], and the executive
 director of [the Texas Committee for the] Humanities Texas to serve
 on the task force or to designate a representative to serve on the
 task force. The academy also shall invite the lieutenant governor
 to designate a member of the senate to serve on the task force and
 shall invite the speaker of the house of representatives to
 designate a member of the house of representatives to serve on the
 task force.
 SECTION 93.  Sections 61.810(a), (f), and (g), Education
 Code, are amended to read as follows:
 (a)  The Texas partnership and scholarship program advisory
 council consists of:
 (1)  [the commissioner of higher education and] the
 commissioner of education, who serves [serve] as an ex officio
 member [members];
 (2)  three members of the public appointed by the
 governor;
 (3)  two members of the public appointed by the
 lieutenant governor; and
 (4)  two members of the public appointed by the speaker
 of the house of representatives.
 (f)  The advisory council shall:
 (1)  review a summary of each application from an
 eligible entity for a grant to establish a partnership program and
 provide its recommendations to the Texas Education Agency [board]
 concerning those applications;
 (2)  assist the agency [board] in evaluating each
 partnership program established under this subchapter;
 (3)  advise the agency [board] concerning any rules
 adopted by the commissioner of education [board] under this
 subchapter; and
 (4)  provide any other assistance to the agency [board]
 that the agency [board] considers necessary to administer this
 subchapter.
 (g)  The Texas Education Agency [board] shall provide the
 advisory council with technical and clerical assistance at the
 request of the council.
 SECTION 94.  Section 61.812, Education Code, is amended to
 read as follows:
 Sec. 61.812.  ADOPTION AND DISTRIBUTION OF RULES. (a) The
 commissioner of education [board] may adopt reasonable rules,
 consistent with the purposes of this subchapter, to carry out and
 enforce the requirements expressed by this subchapter.
 (b)  The [board shall distribute to the] Texas Education
 Agency shall distribute to[,] each public or private institution of
 higher education, each school district, and any other appropriate
 entity copies of all rules adopted under this subchapter.
 SECTION 95.  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 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 96.  Section 61.854, Education Code, is amended to
 read as follows:
 Sec. 61.854.  TECH-PREP CONSORTIUM ALLOTMENT. (a) In each
 fiscal year, [the board, as the agent of] the Texas Education
 Agency, or another state agency as required by federal law, shall
 allot the federal tech-prep implementation money this state
 receives to the regional tech-prep consortia for regional
 administration according to regionally developed plans designed to
 meet federal, state, and regional goals. The agency [board] shall
 allot the money to tech-prep consortia in accordance with a formula
 adopted by the commissioner of education [board], after a public
 hearing and in consultation with interested state entities and
 local consortia, that addresses the differing needs of the
 consortia due to urban or rural populations, special populations,
 number of tech-prep programs and students, and other factors
 determined by the board.
 (b)  An eligible tech-prep consortium that desires
 assistance under this section must submit an application to the
 Texas Education Agency [board] on a form prescribed by the
 commissioner of education [board] for that purpose. The form must
 address the formula adopted by the commissioner [board] under
 Subsection (a).
 (c)  If a tech-prep consortium has a completed application on
 file under Subsection (b), the Texas Education Agency or other
 appropriate agency [board] shall make a payment in the amount of the
 consortium's allotment under Subsection (a) to the consortium's
 fiscal agent.
 SECTION 97.  Sections 61.855(a) and (d), Education Code, are
 amended to read as follows:
 (a)  From amounts made available under Section 61.854, the
 Texas Education Agency, or other state agency as required by
 federal law [board], in accordance with this subchapter and with a
 formula adopted by the commissioner of education [board], shall
 award grants to tech-prep consortia for tech-prep programs
 described by Subsection (d).
 (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 recommended high school program adopted [by the State Board
 of Education] under Section 28.025 [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 career [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 98.  Section 61.861(a), Education Code, is amended
 to read as follows:
 (a)  The [commissioner of higher education and the]
 commissioner of 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] commissioner of education,
 the comptroller, and the Texas Workforce Commission shall jointly
 determine what is considered a high-demand occupation for purposes
 of this subchapter.
 SECTION 99.  Section 61.862, Education Code, is amended to
 read as follows:
 Sec. 61.862.  GRANT APPLICATION CRITERIA. The [commissioner
 of higher education and the] commissioner of 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 and further postsecondary study;
 (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.
 SECTION 100.  Section 61.864, Education Code, is amended to
 read as follows:
 Sec. 61.864.  REVIEW OF COURSES. Courses for which a grant
 is awarded under this subchapter shall be reviewed by [the
 commissioner of higher education and] the commissioner of
 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;
 (2)  prepares high school students with the skills
 necessary for employment in the high-demand occupation and further
 postsecondary study; and
 (3)  satisfies a mathematics or science requirement for
 the recommended or advanced high school program as determined under
 Section 28.025.
 SECTION 101.  Section 105.302(b), Education Code, is amended
 to read as follows:
 (b)  Each of the following shall appoint one member to serve
 on the advisory board:
 (1)  the commissioner of education [chairman of the
 State Board of Education];
 (2)  [the commissioner of higher education;
 [(3)]  the president of the Texas Association of School
 Administrators;
 (3) [(4)]  the president of the Texas Association for
 the Gifted and Talented;
 (4) [(5)]  the governor;
 (5) [(6)]  the lieutenant governor; and
 (6) [(7)]  the speaker of the Texas House of
 Representatives.
 SECTION 102.  Section 130.090(d), Education Code, is amended
 to read as follows:
 (d)  For instances when state funding is provided to both a
 school district and a public junior college for a student enrolled
 in courses offered by a junior college under Subsection (a), the
 commissioner of education [and the commissioner of higher
 education] shall [jointly] develop a mechanism to identify and
 eliminate duplication of state funding.
 SECTION 103.  Section 161.02, Education Code, is amended to
 read as follows:
 Sec. 161.02.  TEXAS REPRESENTATIVES. The Texas membership
 to the Educational Commission of the States shall be the governor or
 the governor's [his] designated representative and six citizens of
 the state, including the state commissioner of education [and the
 state commissioner of higher education], who shall be appointed and
 serve at the pleasure of the governor. These seven members shall
 officially represent Texas on the Education Commission of the
 States.
 SECTION 104.  Article VII, Section 162.002, Education Code,
 is amended to read as follows:
 ARTICLE VII. GRADUATION
 In order to facilitate the on-time graduation of children of
 military families, states and local education agencies shall
 incorporate the following procedures:
 A.  Waiver requirements--Local education agency
 administrative officials shall waive specific courses required for
 graduation if similar coursework has been satisfactorily completed
 in another local education agency or shall provide reasonable
 justification for denial. Should a waiver not be granted to a
 student who would qualify to graduate from the sending school, the
 local education agency shall provide an alternative means of
 acquiring required coursework so that graduation may occur on time.
 B.  Exit exams--States shall accept: (1) exit or
 end-of-course exams required for graduation from the sending state;
 or (2) national norm-referenced achievement tests; or (3)
 alternative testing, in lieu of testing requirements for graduation
 in the receiving state. In the event the above alternatives cannot
 be accommodated by the receiving state for a student transferring
 in his or her senior year, then the provisions of Article VII,
 Section C, shall apply.
 C.  Transfers during senior year--Should a military student
 transferring at the beginning or during his or her senior year be
 ineligible to graduate from the receiving local education agency
 after all alternatives have been considered, the sending and
 receiving local education agencies shall ensure the receipt of a
 diploma from the sending local education agency, if the student
 meets the graduation requirements of the sending local education
 agency. In the event that one of the states in question is not a
 member of this compact, the member state shall use best efforts to
 facilitate the on-time graduation of the student in accordance with
 Sections A and B of this article.
 The Texas commissioner of education shall adopt a passing
 standard on one or more national norm-referenced achievement tests
 for purposes of permitting a student to whom this compact applies to
 meet that standard as a substitute for completing a specific course
 or achieving a score on an assessment instrument otherwise required
 by this state for graduation. Each passing standard must be at
 least as rigorous as the applicable requirement otherwise imposed
 by this state for graduation, and be consistent with college
 readiness standards adopted under Section 28.008, Texas Education
 Code. [Before adopting or revising a passing standard, the
 commissioner of education must consider any comments submitted by
 the Texas Higher Education Coordinating Board or the State Board of
 Education.]
 A passing standard adopted by the commissioner of education
 is available only for a student who enrolls in a public school in
 this state for the first time after completing the ninth grade or
 who reenrolls in a public school in this state at or above the 10th
 grade level after an absence of at least two years from the public
 schools of this state. Each passing standard in effect when a
 student first enrolls in a public high school in this state remains
 applicable to the student for the duration of the student's high
 school enrollment, regardless of any subsequent revision of the
 standard.
 The commissioner of education may adopt rules as necessary to
 implement the commissioner's duties and authority under this
 article of the compact.
 The Texas Education Agency [Higher Education Coordinating
 Board] shall monitor the postsecondary educational performance in
 this state of students permitted to graduate in accordance with
 passing standards adopted by the commissioner of education for
 purposes of this compact. Based on the educational performance of
 those students in private and public institutions, the agency
 [coordinating board] shall make recommendations to the
 commissioner of education regarding appropriate revisions of the
 passing standards.
 SECTION 105.  Section 449.052(b), Government Code, is
 amended to read as follows:
 (b)  In implementing Subsection (a)(3), the commission may
 contact and cooperate with:
 (1)  existing public or private Holocaust or other
 genocide resource organizations, including the United States
 Holocaust Memorial Museum;
 (2)  other museums, centers, and organizations based in
 this state;
 (3)  state agencies that carry out the educational
 functions of the state delegated under the Education Code[,
 including the Texas Education Agency and the Texas Higher Education
 Coordinating Board]; and
 (4)  members of the United States Congress and of the
 legislature of this state.
 SECTION 106.  Section 661.031(2), Government Code, is
 amended to read as follows:
 (2)  "State employee" means an individual who is an
 appointed officer or employee of a state agency and who normally
 works 900 hours or more a year. The term includes:
 (A)  an hourly employee;
 (B)  a temporary employee;
 (C)  a person employed by:
 (i)  the Teacher Retirement System of Texas;
 (ii)  the Texas Education Agency;
 (iii)  [the Texas Higher Education
 Coordinating Board;
 [(iv)]  the Texas School for the Blind and
 Visually Impaired;
 (iv) [(v)]  the Texas School for the Deaf;
 (v) [(vi)]  the Texas Youth Commission;
 (vi) [(vii)]  the Windham School District;
 or
 (vii) [(viii)]  the Department of Assistive
 and Rehabilitative Services; and
 (D)  a classified, administrative, faculty, or
 professional employee of a state institution or agency of higher
 education who has accumulated vacation leave, sick leave, or both,
 during the employment.
 SECTION 107.  Section 661.061(2), Government Code, is
 amended to read as follows:
 (2)  "State employee" means an employee or appointed
 officer of a state agency. The term includes:
 (A)  a full-time employee or officer;
 (B)  a part-time employee or officer;
 (C)  an hourly employee;
 (D)  a temporary employee;
 (E)  a person employed by:
 (i)  the Teacher Retirement System of Texas;
 (ii)  the Texas Education Agency;
 (iii)  [the Texas Higher Education
 Coordinating Board;
 [(iv)]  the Texas School for the Blind and
 Visually Impaired;
 (iv) [(v)]  the Texas School for the Deaf;
 (v) [(vi)]  the Texas Youth Commission;
 (vi) [(vii)]  the Windham School District;
 or
 (vii) [(viii)]  the Department of Assistive
 and Rehabilitative Services; or
 (F)  a classified, administrative, faculty, or
 professional employee of a state institution or agency of higher
 education who has accumulated vacation leave during the employment.
 SECTION 108.  Sections 830.101(a) and (b), Government Code,
 are amended to read as follows:
 (a)  The governing board of each institution of higher
 education shall provide an opportunity to participate in the
 optional retirement program to all faculty members in the component
 institutions governed by the board. The [State Board of Education
 shall provide an opportunity to participate in the optional
 retirement program to the] commissioner of education may, as
 determined by the commissioner, participate in the optional
 retirement program.
 (b)  Eligibility to participate in the optional retirement
 program is subject to rules adopted by the commissioner of
 education [Texas Higher Education Coordinating Board].
 SECTION 109.  Section 312.003(a), Labor Code, is amended to
 read as follows:
 (a)  The commission shall establish the Interagency Literacy
 Council.  The council is composed of nine members as follows:
 (1)  a representative of the commission, appointed by
 the executive director;
 (2)  two representatives [a representative] of the
 Texas Education Agency, appointed by the commissioner of education;
 and
 (3)  [a representative of the Texas Higher Education
 Coordinating Board, appointed by the commissioner of higher
 education; and
 [(4)]  six public members who are leaders of the
 business or nonprofit community engaged in literacy promotion
 efforts, appointed by the executive director of the commission.
 SECTION 110.  Article 45.054(a), Code of Criminal Procedure,
 is amended to read as follows:
 (a)  On a finding by a county, justice, or municipal court
 that an individual has committed an offense under Section 25.094,
 Education Code, the court has jurisdiction to enter an order that
 includes one or more of the following provisions requiring that:
 (1)  the individual:
 (A)  attend school without unexcused absences;
 (B)  attend a preparatory class for the high
 school equivalency examination administered under Section 7.033
 [7.111], Education Code, if the court determines that the
 individual is too old to do well in a formal classroom environment;
 or
 (C)  if the individual is at least 16 years of age,
 take the high school equivalency examination administered under
 Section 7.033 [7.111], Education Code;
 (2)  the individual attend a special program that the
 court determines to be in the best interest of the individual,
 including:
 (A)  an alcohol and drug abuse program;
 (B)  a rehabilitation program;
 (C)  a counseling program, including
 self-improvement counseling;
 (D)  a program that provides training in
 self-esteem and leadership;
 (E)  a work and job skills training program;
 (F)  a program that provides training in
 parenting, including parental responsibility;
 (G)  a program that provides training in manners;
 (H)  a program that provides training in violence
 avoidance;
 (I)  a program that provides sensitivity
 training; and
 (J)  a program that provides training in advocacy
 and mentoring;
 (3)  the individual and the individual's parent attend
 a class for students at risk of dropping out of school designed for
 both the individual and the individual's parent;
 (4)  the individual complete reasonable community
 service requirements; or
 (5)  for the total number of hours ordered by the court,
 the individual participate in a tutorial program covering the
 academic subjects in which the student is enrolled provided by the
 school the individual attends.
 SECTION 111.  Section 29.087(d), Education Code, is amended
 to read as follows:
 (d)  A student is eligible to participate in a program
 authorized by this section if:
 (1)  the student has been ordered by a court under
 Article 45.054, Code of Criminal Procedure, [as added by Chapter
 1514, Acts of the 77th Legislature, Regular Session, 2001,] or by
 the Texas Youth Commission to:
 (A)  participate in a preparatory class for the
 high school equivalency examination; or
 (B)  take the high school equivalency examination
 administered under Section 7.033 [7.111]; or
 (2)  the following conditions are satisfied:
 (A)  the student is at least 16 years of age at the
 beginning of the school year or semester;
 (B)  the student is a student at risk of dropping
 out of school, as defined by Section 29.081;
 (C)  the student and the student's parent or
 guardian agree in writing to the student's participation;
 (D)  at least two school years have elapsed since
 the student first enrolled in ninth grade and the student has
 accumulated less than one third of the credits required to graduate
 under the minimum graduation requirements of the district or
 school; and
 (E)  any other conditions specified by the
 commissioner.
 SECTION 112.  Effective May 1, 2012, the following
 provisions of the Education Code are repealed:
 (1)  Section 7.021(b)(14);
 (2)  Section 7.055(b)(39);
 (3)  Sections 7.102(b), (c), (e), and (f);
 (4)  Section 28.008(g);
 (5)  Section 28.009(b);
 (6)  Section 39.023(o);
 (7)  Section 51.602(2);
 (8)  Section 51.916(c);
 (9)  Section 56.304(g);
 (10)  Section 61.0211;
 (11)  Section 61.0761(c); and
 (12)  Section 61.808.
 SECTION 113.  (a) Effective May 1, 2012:
 (1)  the Texas Higher Education Coordinating Board is
 abolished;
 (2)  all functions and activities performed
 immediately before that date by the State Board of Education, other
 than functions and activities assigned to the State Board of
 Education by the constitution of this state, or by the Texas Higher
 Education Coordinating Board are transferred to the Texas Education
 Agency;
 (3)  a rule, form, policy, procedure, or decision of
 the State Board of Education, other than a rule, form, policy,
 procedure, or decision relating to a function or activity assigned
 to the State Board of Education by the constitution of this state,
 or of the Texas Higher Education Coordinating Board continues in
 effect as a rule, form, policy, procedure, or decision of the Texas
 Education Agency and remains in effect until amended or replaced by
 the commissioner of education;
 (4)  a rule of the State Board for Educator
 Certification approved by the State Board of Education remains in
 effect until amended or replaced as provided by law;
 (5)  a reference in law or administrative rule to the
 State Board of Education or the Texas Higher Education Coordinating
 Board means the Texas Education Agency, other than a reference:
 (A)  to the State Board of Education relating to a
 function or activity assigned to the board by the constitution of
 this state; or
 (B)  under Section 86.22 or 133.006(b), Education
 Code, or another law similarly referring to a past action taken by
 the State Board of Education;
 (6)  a reference in law or administrative rule to the
 commissioner of higher education means the commissioner of
 education;
 (7)  all money, contracts, leases, rights, property,
 records, and bonds and other obligations of the State Board of
 Education or of the Texas Higher Education Coordinating Board are
 transferred to the Texas Education Agency, except that:
 (A)  money or a contract, lease, right, property,
 record, or bond or other obligation relating to a function or
 activity assigned to the State Board of Education by the
 constitution of this state is not transferred; and
 (B)  a contract under Section 12.112, Education
 Code, is transferred to the commissioner of education;
 (8)  a court case, administrative proceeding, contract
 negotiation, or other proceeding involving the State Board of
 Education, other than a proceeding relating to a function or
 activity assigned to the State Board of Education by the
 constitution of this state, or involving the Texas Higher Education
 Coordinating Board is transferred without change in status to the
 Texas Education Agency, and the Texas Education Agency assumes,
 without a change in status, the position of the State Board of
 Education or the Texas Higher Education Coordinating Board, as
 applicable, in a negotiation or proceeding relating to an activity
 transferred by this Act to the Texas Education Agency to which the
 State Board of Education or the Texas Higher Education Coordinating
 Board, as applicable, is a party;
 (9)  an employee of the State Board of Education, other
 than an employee whose duties relate solely or primarily to a
 function or activity assigned to the State Board of Education by the
 constitution of this state, or of the Texas Higher Education
 Coordinating Board becomes an employee of the Texas Education
 Agency; and
 (10)  any unexpended and unobligated balance of money
 appropriated by the legislature for the State Board of Education,
 other than money appropriated to enable the State Board of
 Education to carry out a function or activity assigned by the
 constitution of this state, or for the Texas Higher Education
 Coordinating Board is transferred to the Texas Education Agency.
 (b)  In the period beginning on January 1, 2012, and ending
 on April 30, 2012:
 (1)  the State Board of Education and the Texas Higher
 Education Coordinating Board shall continue to perform functions
 and activities under the Education Code or other law as if the law
 had not been amended or repealed, as applicable, and the former law
 is continued in effect for that purpose; and
 (2)  a person who is authorized or required by law to
 take an action relating to the State Board of Education, a member of
 the State Board of Education, the Texas Higher Education
 Coordinating Board, or a member of the coordinating board shall
 continue to take that action under the law as if the law had not been
 amended or repealed, as applicable, and the former law is continued
 in effect for that purpose.
 SECTION 114.  Before May 1, 2012, the State Board of
 Education or the Texas Higher Education Coordinating Board, as
 applicable, may agree with the Texas Education Agency to transfer
 any property of the State Board of Education or the coordinating
 board, as applicable, to the Texas Education Agency to implement
 the transfer required by Section 113 of this Act.
 SECTION 115.  Section 12.112, Education Code, as amended by
 this Act, applies only to the required signatories of a charter for
 an open-enrollment charter school in the case of a charter entered
 into on or after May 1, 2012. The required signatories of a charter
 for an open-enrollment charter school in the case of a charter
 entered into before May 1, 2012, are governed by the law in effect
 on the date the charter is entered into, and the former law is
 continued in effect for that purpose.
 SECTION 116.  This Act does not affect the reference to the
 state board of education under Section 143.112(1)(A), Local
 Government Code, or a similar reference to the extent that the
 reference is to the state board of education of another state.
 SECTION 117.  This Act takes effect January 1, 2012.