83R4842 VOO-F
By: Murphy H.B. No. 2431
A BILL TO BE ENTITLED
AN ACT
relating to public high school graduation, including curriculum
requirements for graduation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.062(e), Education Code, is amended to
read as follows:
(e) The rules must:
(1) limit the amount of assistance provided through a
grant to not more than:
(A) for a construction project, $200 per square
foot of the science laboratory to be constructed; or
(B) for a renovation project, $100 per square
foot of the science laboratory to be renovated;
(2) require a school district to demonstrate, as a
condition of eligibility for a grant, that the existing district
science laboratories are insufficient in number to comply with the
curriculum requirements imposed for the recommended and advanced
high school programs under Section 28.025 [28.025(b-1)(1)]; and
(3) provide for ranking school districts that apply
for grants on the basis of wealth per student and giving priority in
the award of grants to districts with low wealth per student.
SECTION 2. Section 28.002(n), Education Code, is amended to
read as follows:
(n) The State Board of Education may by rule develop and
implement a plan designed to incorporate career and technology
education [foundation] curriculum requirements into the foundation
[career and technology education] curriculum under Subsections
[Subsection] (a)(1)(B) and (C) [(a)(2)(E)].
SECTION 3. Sections 28.0022(a), (d), (e), and (f),
Education Code, are amended to read as follows:
(a) Not later than November 1, 2013 [2007], the agency shall
establish a panel under this section to[:
[(1) review and] recommend [revisions to the] career
and technical education requirements [curriculum] under Section
28.025(b-4) [28.002(a)(2)(E); and
[(2) review and recommend revisions for the program in
which high schools and articulated postsecondary institutions
allow high school students to take advanced technical credit
courses].
(d) Not later than December 31, 2013 [November 1, 2008], the
panel shall:
(1) make the recommendations [complete the review as]
required by this section regarding [of:
[(A)] the career and technical education
curriculum requirements under Section 28.025(b-4)[; and
[(B) the program under which high schools and
articulated postsecondary institutions allow high school students
to take advanced technical credit courses]; and
(2) make recommendations to the State Board of
Education as necessary to:
(A) maintain [increase] the academic rigor of the
career and technical education curriculum under Section
28.002(a)(2)(E); and
(B) [improve and] increase participation in the
program under which high schools and articulated postsecondary
institutions allow high school students to take advanced technical
credit courses.
(e) [Not later than September 1, 2009, the State Board of
Education by rule shall revise the essential knowledge and skills
of the career and technical education curriculum as provided by
Section 28.002(c) based on the recommendations of the panel under
Subsection (d).] The State Board of Education shall require school
districts to provide instruction in the career and technical
education curriculum, based on recommendations made [as revised]
under this section [subsection], beginning with the 2014-2015
[2010-2011] school year.
(f) This section expires September 1, 2016 [2014].
SECTION 4. Section 28.003(b), Education Code, is amended to
read as follows:
(b) In this section, "educational program" means a course or
series of courses in the required curriculum under Section 28.002[,
other than a fine arts course under Section 28.002(a)(2)(D) or a
career and technology course under Section 28.002(a)(2)(E)].
SECTION 5. The heading to Section 28.014, Education Code,
is amended to read as follows:
Sec. 28.014. COLLEGE AND WORKFORCE PREPARATORY COURSES.
SECTION 6. Sections 28.014(a) and (b), Education Code, are
amended to read as follows:
(a) The commissioner of education, [and] the commissioner
of higher education, and the chairman of the Texas Workforce
Commission 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 and career 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:
(A) at an institution of higher education that
offers a two-year or four-year undergraduate program; or
(B) in a postsecondary technical program [in
entry-level college courses].
(b) A student who successfully completes a course developed
under this section may use the credit earned in the course toward
satisfying the applicable mathematics or science curriculum
requirement for graduation from [the recommended or advanced] high
school [program] under Section 28.025.
SECTION 7. Section 28.025, Education Code, is amended by
amending Subsections (a), (b), (b-1), (b-2), (b-3), (b-4), (b-5),
(b-6), (b-7), (b-8), (b-9), (b-10), (e), and (g) and adding
Subsections (b-12), (b-13), and (b-14) to read as follows:
(a) The State Board of Education by rule shall determine
curriculum requirements for the minimum high school program, the
recommended high school programs, and the advanced high school
program [programs] that are consistent with the required curriculum
under Section 28.002. Subject to Subsection (b-1), the State Board
of Education shall designate the specific courses in the foundation
curriculum required for each [a student participating in the
minimum, recommended, or advanced] high school program. Except as
provided by Subsection (b-1), the 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 State Board of Education under Subsection (a) for
a [the] recommended high school program or the advanced high school
program unless:
(1) the district has complied with Subsection (b-7);
(2) 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
(3) the student:
(A) [(1)] is at least 16 years of age;
(B) [(2)] has completed two credits required for
graduation in each subject of the foundation curriculum under
Section 28.002(a)(1); or
(C) [(3)] has failed to be promoted to the tenth
grade one or more times as determined by the school district.
(b-1) The State Board of Education by rule shall require
that:
(1) except as provided by Subsection (b-2), the
curriculum requirements for the recommended and advanced high
school programs under Subsection (a) include a requirement that
students successfully complete at least 26 credits, including:
(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 programs
[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 programs
[program], at least 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 or technical writing component; and
(3) the curriculum requirements for the minimum high
school program, the recommended high school programs, and the
advanced high school program [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) except as provided by Subsection (b-11), one
credit in physical education under Section 28.002(a)(2)(C).
(b-2) In adopting rules under this section [Subsection
(b-1)], the State Board of Education shall allow a student to comply
with [the] curriculum requirements for a mathematics or science
course [under Subsection (b-1)(1) taken after the successful
completion of Algebra I and geometry and either after the
successful completion of or concurrently with Algebra II or a
science course under Subsection (b-1)(1) taken after the successful
completion of biology and chemistry and either after the successful
completion of or concurrently with physics] by successfully
completing a [an advanced] career and technical course designated
by the State Board of Education as containing sufficiently
[substantively similar and] rigorous academic content or offered
under Section 130.008. [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 high school
program options under this section [the option described by
Subsection (b-1)(1)(A)], the 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 high school program option that requires four credits
in each subject of the foundation curriculum under Section
28.002(a)(1) [requirements].
(b-4) In adopting rules to provide students with high school
program options under this section, the State Board of Education
must approve a second recommended high school program option that
requires three credits in each subject of the foundation curriculum
under Section 28.002(a)(1), emphasizes postsecondary workforce
readiness, and requires applied career and technology education
courses covering the essential knowledge and skills for career and
technology education identified under Section 28.002. Under the
recommended high school program option approved under this
subsection, the board shall require that a student earn credit in at
least two courses that qualify for postsecondary education credit
under Section 130.008, subject to Subsection (b-14) [A school
district may offer the curriculum described in Subsection
(b-1)(1)(A) in an applied manner. Courses delivered in an applied
manner must cover the essential knowledge and skills, and the
student shall be administered the applicable end-of-course
assessment instrument as provided by Sections 39.023(c) and
39.025].
(b-5) In adopting rules to provide students with high school
program options under this section, the State Board of Education
must approve a third recommended high school program option that
requires three credits in each subject of the foundation curriculum
under Section 28.002(a)(1) and also emphasizes fine arts. Under the
recommended high school program option approved under this
subsection, the board shall require that a student earn credit in at
least two courses that qualify for postsecondary education credit
in fine arts under Section 130.008, subject to Subsection (b-14) [A
school district may offer a mathematics or science course to be
taken by a student after completion of Algebra II and physics to
comply with the recommended program requirements in Subsection
(b-1)(1)(A). A course approved under this subsection must be
endorsed by an institution of higher education as a course for which
the institution would award course credit or as a prerequisite for a
course for which the institution would award course credit].
(b-6) In adopting rules to provide students with the high
school program options under this section, the State Board of
Education must approve a fourth recommended high school program
option that allows a student, in accordance with any eligibility
requirements the board adopts under this subsection, to change from
an earlier selected high school program and combine earned credits
under the recommended high school programs approved under
Subsections (b-3), (b-4), and (b-5). Under the recommended high
school program option approved under this subsection, the board
shall require that a student earn credit in at least two courses
that qualify for postsecondary education credit under Section
130.008, subject to Subsection (b-14).
(b-7) Before a student's parent or other person standing in
parental relation to the student may agree that the student be
permitted to take courses under the minimum high school program as
provided by Subsection (b), a school district must provide written
notice to the parent or person standing in parental relation
explaining the benefits of the recommended high school
program. The notice shall be developed by the agency and must[:
[(1)] be printed in English and Spanish[;] and
[(2)] require that the student's parent or person
standing in parental relation to the student sign a confirmation of
receipt and return the confirmation to the student's campus. A
student agreeing to take courses under the minimum high school
program as provided by Subsection (b) may, on request, resume
taking courses under a recommended high school program.
(b-8) [(b-7)] The 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 programs [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.
[(b-8) A student agreeing to take courses under the minimum
high school program as provided by Subsection (b) may, upon
request, resume taking courses under the recommended high school
program.]
(b-9) A [The agency shall establish a pilot program allowing
a student attending school in a county with a population of more
than one million and in which more than 75 percent of the population
resides in a single municipality to satisfy the] fine arts credit
required under Subsection (b-1)(3)(A) or (b-5) may be satisfied by
a student's participation [participating] in a fine arts program
not provided by the school district in which the student is
enrolled. The fine arts program may be provided on or off a school
campus and outside the regular school day. [Not later than December
1, 2010, the agency shall provide to the legislature a report
regarding the pilot program, including the feasibility of expanding
the pilot program statewide.]
(b-10) A school district [, with the approval of the
commissioner,] may allow a student to comply with the curriculum
requirements for the physical education credit required under
Subsection (b-1)(3)(B) by participating in a private or
commercially sponsored physical activity program provided on or off
a school campus and outside the regular school day.
(b-12) The agency shall provide school counselors with
information necessary to support students and parents in choosing a
high school program under Section 28.025. The information must
identify postsecondary education and career opportunities,
including information on the benefits provided by two-year and
four-year higher education programs, postsecondary career and
technical education programs, career-education programs, and
skilled workforce careers. The agency shall collaborate with the
Texas Workforce Commission and the Texas Higher Education
Coordinating Board in identifying existing information that may be
used for purposes of this subsection or, as necessary, developing
new material.
(b-13) In adopting rules under this section, the State Board
of Education shall allow a student to participate, through distance
learning, in courses that qualify for postsecondary education
credit.
(b-14) The commissioner may waive the postsecondary
education requirements under Subsection (b-4), (b-5), or (b-6) if
the commissioner determines that sufficient courses are not
available to students participating in the recommended high school
programs under that subsection.
(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 State Board of Education. The transcript forms
adopted by the board must be designed to clearly differentiate
between each of the high school programs and identify whether a
student received a diploma [or a certificate of coursework
completion].
(g) If a student, other than a student permitted to take
courses under the minimum high school program as provided by
Subsection (b), is unable to complete one of the recommended high
school programs or the advanced high school program solely because
necessary courses were unavailable to the student at the
appropriate times in the student's high school career as a result of
course scheduling, lack of enrollment capacity, or another cause
not within the student's control, the school district shall
indicate that fact on the student's transcript form described by
Subsection (e).
SECTION 8. Section 28.0253(e), Education Code, is amended
to read as follows:
(e) A student who receives a high school diploma through the
pilot program is considered to have completed a [the] recommended
high school program adopted under Section 28.025 [28.025(a)]. The
student is not guaranteed admission to any institution of higher
education or to any academic program at an institution of higher
education solely on the basis of having received the diploma
through the program.
SECTION 9. Section 29.096(e), Education Code, is amended to
read as follows:
(e) The commissioner shall establish minimum standards for
a local collaborative agreement, including a requirement that the
agreement must be signed by an authorized school district or
open-enrollment charter school officer and an authorized
representative of each of the other participating entities that is
a partner in the collaboration. The program must:
(1) limit participation in the program to students
authorized to participate by a parent or other person standing in
parental relationship;
(2) have as a primary goal graduation from high school
under at least one of the recommended high school programs
[program];
(3) provide for local businesses or other employers to
offer paid employment or internship opportunities and advanced
career and vocational training;
(4) include an outreach component and a lead
educational staff member to identify and involve eligible students
and public and private entities in participating in the program;
(5) serve a population of students of which at least 50
percent are identified as students at risk of dropping out of
school, as described by Section 29.081(d);
(6) allocate not more than 15 percent of grant funds
and matching funds, as determined by the commissioner, to
administrative expenses;
(7) include matching funds from any of the
participating entities; and
(8) include any other requirements as determined by
the council.
SECTION 10. 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; and
(4) all secondary students have the opportunity to
participate in the recommended high school program option under
Section 28.025(b-4).
SECTION 11. Section 29.187(b), Education Code, is amended
to read as follows:
(b) An award granted under this section is not in lieu of a
diploma [or certificate of coursework completion] issued under
Section 28.025.
SECTION 12. Section 29.402(b), Education Code, is amended
to read as follows:
(b) A person who is under 26 years of age is eligible to
enroll in a dropout recovery program under this subchapter if the
person:
(1) must complete not more than three course credits
to complete the curriculum requirements for the minimum high school
program, one of the recommended high school programs, or the
advanced high school program, as appropriate, for high school
graduation; or
(2) has failed to perform satisfactorily on an
end-of-course assessment instrument administered under Section
39.023(c) or an assessment instrument administered under Section
39.023(c) as that section existed before amendment by Chapter 1312
(S.B. 1031), Acts of the 80th Legislature, Regular Session, 2007.
SECTION 13. Section 29.904(d), Education Code, is amended
to read as follows:
(d) A plan developed under this section:
(1) must establish clear, achievable goals for
increasing the percentage of the school district's graduating
seniors, particularly the graduating seniors attending a high
school described by Subsection (a), who enroll in an institution of
higher education for the academic year following graduation;
(2) must establish an accurate method of measuring
progress toward the goals established under Subdivision (1) that
may include the percentage of district high school students and the
percentage of students attending a district high school described
by Subsection (a) who:
(A) are enrolled in a course for which a student
may earn college credit, such as an advanced placement or
international baccalaureate course or a course offered through
concurrent enrollment in high school and at an institution of
higher education;
(B) are enrolled in courses that meet the
curriculum requirements for one of the recommended high school
programs or the advanced high school program as determined under
Section 28.025;
(C) have submitted a free application for federal
student aid (FAFSA);
(D) are exempt under Section 51.3062(p) or (q)
from administration of an assessment instrument under Section
51.3062 or have performed successfully on an assessment instrument
under Section 51.3062;
(E) graduate from high school;
(F) graduate from an institution of higher
education; and
(G) have taken college entrance examinations and
the average score of those students on the examinations;
(3) must cover a period of at least five years; and
(4) may be directed at district students at any level
of primary or secondary education.
SECTION 14. Section 31.022(a), Education Code, is amended
to read as follows:
(a) The State Board of Education shall adopt a review and
adoption cycle for instructional materials for elementary grade
levels, including prekindergarten, and secondary grade levels, for
each subject in the required curriculum under Section 28.002. In
adopting the cycle, the board:
(1) is not required to review and adopt instructional
materials for all grade levels in a single year; and
(2) shall give priority to instructional materials in
the following subjects:
(A) foundation curriculum subjects for which the
essential knowledge and skills have been substantially revised and
for which assessment instruments are required under Subchapter B,
Chapter 39[, including career and technology courses that satisfy
foundation curriculum requirements as provided by Section
28.002(n)];
(B) foundation curriculum subjects for which the
essential knowledge and skills have been substantially revised[,
including career and technology courses that satisfy foundation
curriculum requirements as provided by Section 28.002(n)];
(C) foundation curriculum subjects not described
by Paragraph (A) or (B)[, including career and technology courses
that satisfy foundation curriculum requirements as provided by
Section 28.002(n)]; and
(D) enrichment curriculum subjects.
SECTION 15. Section 33.007(b), Education Code, is amended
to read as follows:
(b) During the first school year a student is enrolled in a
high school or at the high school level in an open-enrollment
charter school, and again during a student's senior year, a
counselor shall provide information about higher education to the
student and the student's parent or guardian. The information must
include information regarding:
(1) the importance of higher education;
(2) the advantages of completing a [the] recommended
high school program or the advanced high school program adopted
under Section 28.025 [28.025(a)];
(3) the disadvantages of taking courses to prepare for
a high school equivalency examination relative to the benefits of
taking courses leading to a high school diploma;
(4) financial aid eligibility;
(5) instruction on how to apply for federal financial
aid;
(6) the center for financial aid information
established under Section 61.0776;
(7) the automatic admission of certain students to
general academic teaching institutions as provided by Section
51.803;
(8) the eligibility and academic performance
requirements for the TEXAS Grant as provided by Subchapter M,
Chapter 56; and
(9) the availability of programs in the district under
which a student may earn college credit, including advanced
placement programs, dual credit programs, joint high school and
college credit programs, and international baccalaureate programs.
SECTION 16. Section 39.025(a), Education Code, is amended
to read as follows:
(a) The commissioner shall adopt rules requiring a student
participating in one of the recommended high school programs or the
advanced high school program under Section 28.025 to be
administered each end-of-course assessment instrument listed in
Section 39.023(c) and requiring a student participating in the
minimum high school program to be administered an end-of-course
assessment instrument listed in Section 39.023(c) only for a course
in which the student is enrolled and for which an end-of-course
assessment instrument is administered. A student is required to
achieve, in each subject in the foundation curriculum under Section
28.002(a)(1), a cumulative score that is at least equal to the
product of the number of end-of-course assessment instruments
administered to the student in that subject and a scale score that
indicates satisfactory performance, as determined by the
commissioner under Section 39.0241(a). A student must achieve a
minimum score as determined by the commissioner to be within a
reasonable range of the scale score under Section 39.0241(a) on an
end-of-course assessment instrument for the score to count towards
the student's cumulative score. For purposes of this subsection, a
student's cumulative score is determined using the student's
highest score on each end-of-course assessment instrument
administered to the student. A student may not receive a high
school diploma until the student has performed satisfactorily on
the end-of-course assessment instruments in the manner provided
under this subsection. This subsection does not require a student
to demonstrate readiness to enroll in an institution of higher
education.
SECTION 17. Section 39.057(a), Education Code, is amended
to read as follows:
(a) The commissioner shall authorize special accreditation
investigations to be conducted:
(1) when excessive numbers of absences of students
eligible to be tested on state assessment instruments are
determined;
(2) when excessive numbers of allowable exemptions
from the required state assessment instruments are determined;
(3) in response to complaints submitted to the agency
with respect to alleged violations of civil rights or other
requirements imposed on the state by federal law or court order;
(4) in response to established compliance reviews of
the district's financial accounting practices and state and federal
program requirements;
(5) when extraordinary numbers of student placements
in disciplinary alternative education programs, other than
placements under Sections 37.006 and 37.007, are determined;
(6) in response to an allegation involving a conflict
between members of the board of trustees or between the board and
the district administration if it appears that the conflict
involves a violation of a role or duty of the board members or the
administration clearly defined by this code;
(7) when excessive numbers of students in special
education programs under Subchapter A, Chapter 29, are assessed
through assessment instruments developed or adopted under Section
39.023(b);
(8) in response to an allegation regarding or an
analysis using a statistical method result indicating a possible
violation of an assessment instrument security procedure
established under Section 39.0301, including for the purpose of
investigating or auditing a school district under that section;
(9) when a significant pattern of decreased academic
performance has developed as a result of the promotion in the
preceding two school years of students who did not perform
satisfactorily as determined by the commissioner under Section
39.0241(a) on assessment instruments administered under Section
39.023(a), (c), or (l);
(10) when excessive numbers of students graduate under
the minimum high school program;
(11) when excessive numbers of students eligible to
enroll fail to complete [an Algebra II course or] any [other] course
determined by the commissioner as distinguishing between students
participating in one of the recommended high school programs
[program] from students participating in the minimum high school
program;
(12) when resource allocation practices as evaluated
under Section 39.0821 indicate a potential for significant
improvement in resource allocation; or
(13) as the commissioner otherwise determines
necessary.
SECTION 18. Section 39.234(a), Education Code, is amended
to read as follows:
(a) Except as provided by Subsection (b), a school district
or campus must use funds allocated under Section 42.160 to:
(1) implement or administer a college and workforce
readiness program that provides academic support and instruction to
prepare underachieving students for entrance into:
(A) an institution of higher education that
offers a two-year undergraduate program or a four-year
undergraduate program; or
(B) a postsecondary technical program;
(2) implement or administer a program that encourages
students to pursue advanced academic opportunities, including
rigorous career and technology education programs, early college
high school programs and dual credit, advanced placement, and
international baccalaureate courses;
(3) implement or administer a program that provides
opportunities for students to take academically rigorous course
work, including four years of mathematics and four years of science
at the high school level;
(4) implement or administer a program, including
online course support and professional development, that aligns the
curriculum for grades six through 12 with postsecondary curriculum
and expectations; or
(5) implement or administer science, technology,
engineering, and mathematics (STEM) initiatives and other high
school completion and success initiatives in grades six through 12
approved by the commissioner.
SECTION 19. Section 51.3062(q-1), Education Code, is
amended to read as follows:
(q-1) A student who has completed one of the [a] recommended
high school programs or the advanced high school program as
determined under Section 28.025 and demonstrated the performance
standard for college readiness as provided by Section 39.024 on the
Algebra II and English III end-of-course assessment instruments is
exempt from the requirements of this section with respect to those
content areas. The commissioner of higher education by rule shall
establish the period for which an exemption under this subsection
is valid.
SECTION 20. Sections 51.803(a) and (d), Education Code, are
amended to read as follows:
(a) Subject to Subsection (a-1), each general academic
teaching institution shall admit an applicant for admission to the
institution as an undergraduate student if the applicant graduated
with a grade point average in the top 10 percent of the student's
high school graduating class in one of the two school years
preceding the academic year for which the applicant is applying for
admission and:
(1) the applicant graduated from a public or private
high school in this state accredited by a generally recognized
accrediting organization or from a high school operated by the
United States Department of Defense;
(2) the applicant:
(A) successfully completed:
(i) at a public high school, the curriculum
requirements established under Section 28.025 for one of the
recommended high school programs or the advanced high school
program; or
(ii) at a high school to which Section
28.025 does not apply, a curriculum that is equivalent in content
and rigor to one of the recommended high school programs or the
advanced high school program; or
(B) satisfied ACT's College Readiness Benchmarks
on the ACT assessment applicable to the applicant or earned on the
SAT assessment a score of at least 1,500 out of 2,400 or the
equivalent; and
(3) if the applicant graduated from a high school
operated by the United States Department of Defense, the applicant
is a Texas resident under Section 54.052 or is entitled to pay
tuition fees at the rate provided for Texas residents under Section
54.241(d) [54.058(d)] for the term or semester to which admitted.
(d) For purposes of Subsection (c)(2), a student's official
transcript or diploma must, not later than the end of the student's
junior year, indicate:
(1) whether the student has satisfied or is on
schedule to satisfy the requirements of Subsection (a)(2)(A)(i) or
(ii), as applicable; or
(2) if Subsection (b) applies to the student, whether
the student has completed the portion of one of the recommended high
school program curricula or the advanced curriculum, or of the
curriculum equivalent in content and rigor, as applicable, that was
available to the student.
SECTION 21. Section 51.807(b), Education Code, is amended
to read as follows:
(b) The Texas Higher Education Coordinating Board, after
consulting with the Texas Education Agency, by rule shall establish
standards for determining for purposes of this subchapter:
(1) whether a private high school is accredited by a
generally recognized accrediting organization; and
(2) whether a person completed a high school
curriculum that is equivalent in content and rigor to the
curriculum requirements established under Section 28.025 for one of
the recommended high school programs or the advanced high school
program.
SECTION 22. Section 56.3041, Education Code, is amended to
read as follows:
Sec. 56.3041. INITIAL ELIGIBILITY OF PERSON GRADUATING FROM
HIGH SCHOOL ON OR AFTER MAY 1, 2013, AND ENROLLING IN A GENERAL
ACADEMIC TEACHING INSTITUTION. Notwithstanding Section 56.304(a),
to be eligible initially for a TEXAS grant, a person graduating from
high school on or after May 1, 2013, and enrolling in a general
academic teaching institution must:
(1) be a resident of this state as determined by
coordinating board rules;
(2) meet the academic requirements prescribed by
Paragraph (A), (B), or (C) as follows:
(A) be a graduate of a public or accredited
private high school in this state who completed one of the
recommended high school programs [program] established under
Section 28.025 or its equivalent and have accomplished any two or
more of the following:
(i) graduation under the advanced high
school program established under Section 28.025 or its equivalent,
successful completion of the course requirements of the
international baccalaureate diploma program, or earning of the
equivalent of at least 12 semester credit hours of college credit in
high school through courses described in Sections 28.009(a)(1),
(2), and (3);
(ii) satisfaction of the Texas Success
Initiative (TSI) college readiness benchmarks prescribed by the
coordinating board under Section 51.3062(f) on any assessment
instrument designated by the coordinating board under Section
51.3062(c) [or (e)] or qualification for an exemption as described
by Section 51.3062(p), (q), or (q-1);
(iii) graduation in the top one-third of
the person's high school graduating class or graduation from high
school with a grade point average of at least 3.0 on a four-point
scale or the equivalent; or
(iv) completion for high school credit of
at least one advanced mathematics course following the successful
completion of an Algebra II course[, as permitted by Section
28.025(b-3)], or at least one [advanced] career and technical
course, as permitted by Section 28.025(b-2);
(B) have received an associate degree from a
public or private institution of higher education; or
(C) if sufficient money is available, meet the
eligibility criteria described by Section 56.304(a)(2)(A);
(3) meet financial need requirements established by
the coordinating board;
(4) be enrolled in an undergraduate degree or
certificate program at the general academic teaching institution;
(5) except as provided under rules adopted under
Section 56.304(h), be enrolled as:
(A) an entering undergraduate student for at
least three-fourths of a full course load, as determined by the
coordinating board, not later than the 16th month after the
calendar month in which the person graduated from high school;
(B) an entering undergraduate student who
entered military service not later than the first anniversary of
the date the person graduated from high school and who enrolled for
at least three-fourths of a full course load, as determined by the
coordinating board, at the general academic teaching institution
not later than 12 months after being honorably discharged from
military service; or
(C) a continuing undergraduate student for at
least three-fourths of a full course load, as determined by the
coordinating board, not later than the 12th month after the
calendar month in which the person received 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
requirements adopted by the coordinating board under this
subchapter.
SECTION 23. Subchapter A, Chapter 56, Education Code, is
amended by adding Section 56.010 to read as follows:
Sec. 56.010. REFERENCE TO RECOMMENDED HIGH SCHOOL PROGRAM.
A reference in this chapter to the recommended high school program
means any of the recommended high school programs under Section
28.025.
SECTION 24. Section 61.792(b), Education Code, is amended
to read as follows:
(b) To qualify for a scholarship under this section, a
student must:
(1) have graduated with a grade point average in the
top 20 percent of the student's high school graduating class;
(2) have graduated from high school with a grade point
average of at least 3.5 on a four-point scale or the equivalent in
mathematics and science courses offered under one of the
recommended high school programs or the advanced high school
program under Section 28.025 [28.025(a)]; and
(3) maintain an overall grade point average of at
least 3.0 on a four-point scale at the general academic teaching
institution or the private or independent institution of higher
education in which the student is enrolled.
SECTION 25. 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(b-4) [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 26. Section 61.855(d), Education Code, is amended
to read as follows:
(d) A tech-prep program must:
(1) be implemented under an articulation agreement
between the participants in the consortium;
(2) consist of two to four years of secondary school
preceding graduation and:
(A) two or more years of higher education; or
(B) two or more years of apprenticeship following
secondary instruction;
(3) have a common core of required proficiency based
on the recommended high school program adopted by the State Board of
Education under Section 28.025(b-4) [28.025(a)], with
proficiencies in mathematics, science, reading, writing,
communications, and technologies designed to lead to an associate's
degree or postsecondary certificate in a specific career field;
(4) include the development of tech-prep program
curricula for both secondary and postsecondary participants in the
consortium that:
(A) meets academic standards developed by the
state;
(B) links secondary schools and two-year
postsecondary institutions, and, if practicable, four-year
institutions of higher education through nonduplicative sequences
of courses in career fields, including the investigation of
opportunities for tech-prep students to enroll concurrently in
secondary and postsecondary course work;
(C) uses, if appropriate and available,
work-based or worksite learning in conjunction with business and
all aspects of an industry; and
(D) uses educational technology and distance
learning, as appropriate, to involve each consortium participant
more fully in the development and operation of programs;
(5) include in-service training for teachers that:
(A) is designed to train vocational and technical
teachers to effectively implement tech-prep programs;
(B) provides for joint training for teachers in
the tech-prep consortium;
(C) is designed to ensure that teachers and
administrators stay current with the needs, expectations, and
methods of business and of all aspects of an industry;
(D) focuses on training postsecondary education
faculty in the use of contextual and applied curricula and
instruction; and
(E) provides training in the use and application
of technology;
(6) include training programs for counselors designed
to enable counselors to more effectively:
(A) provide information to students regarding
tech-prep programs;
(B) support student progress in completing
tech-prep programs;
(C) provide information on related employment
opportunities;
(D) ensure that tech-prep students are placed in
appropriate employment; and
(E) stay current with the needs, expectations,
and methods of business and of all aspects of an industry;
(7) provide equal access to the full range of
tech-prep programs for individuals who are members of special
populations, including by the development of tech-prep program
services appropriate to the needs of special populations; and
(8) provide for preparatory services that assist
participants in tech-prep programs.
SECTION 27. Section 61.861(c), Education Code, is amended
to read as follows:
(c) A course developed for purposes of this section must:
(1) provide content that enables a student to develop
the relevant and critical skills needed to be prepared for
employment or additional training in a high-demand occupation;
(2) incorporate college and career readiness skills as
part of the curriculum;
(3) be offered for dual credit; and
(4) satisfy a mathematics or science requirement under
one of the recommended high school programs or the advanced high
school program as determined under Section 28.025.
SECTION 28. 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
one of the recommended high school programs or the advanced high
school program as determined under Section 28.025.
SECTION 29. (a) Section 21.044(b), Education Code, as added
by Chapter 926 (S.B. 1620), Acts of the 82nd Legislature, Regular
Session, 2011, is repealed.
(b) The following provisions of the Education Code are
repealed:
(1) Section 28.002(q);
(2) Sections 28.014(c), (d), and (f);
(3) Section 28.025(d);
(4) Section 28.027;
(5) Section 42.154(d); and
(6) Section 61.0517.
SECTION 30. This Act applies beginning with the 2013-2014
school year.
SECTION 31. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2013.