H.B. No. 5
AN ACT
relating to public school accountability, including assessment,
and curriculum requirements; providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) Section 7.010(c), Education Code, is amended
to read as follows:
(c) The electronic student records system must permit an
authorized state or district official or an authorized
representative of an institution of higher education to
electronically transfer to and from an educational institution in
which the student is enrolled and retrieve student transcripts,
including information concerning a student's:
(1) course or grade completion;
(2) teachers of record;
(3) assessment instrument results;
(4) receipt of special education services, including
placement in a special education program and the individualized
education program developed; and
(5) personal graduation plan as described by Section
28.0212 or 28.02121, as applicable.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 2. (a) 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 distinguished level of
achievement under the foundation [recommended and advanced] high
school program [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.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 3. Subchapter C, Chapter 7, Education Code, is
amended by adding Section 7.064 to read as follows:
Sec. 7.064. CAREER AND TECHNOLOGY CONSORTIUM. (a) The
commissioner shall investigate available options for the state to
join a consortium of states for the purpose of developing sequences
of academically rigorous career and technology courses in career
areas that are high-demand, high-wage career areas in this state.
(b) The curricula for the courses must include the
appropriate essential knowledge and skills adopted under
Subchapter A, Chapter 28.
(c) If the commissioner determines that joining a
consortium of states for this purpose would be beneficial for the
educational and career success of students in the state, the
commissioner may join the consortium on behalf of the state.
SECTION 4. (a) Section 12.111(b), Education Code, is
amended to read as follows:
(b) A charter holder of an open-enrollment charter school
shall consider including in the school's charter a requirement that
the school develop and administer personal graduation plans under
Sections [Section] 28.0212 and 28.02121.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 5. (a) Section 25.083, Education Code, is amended
to read as follows:
Sec. 25.083. SCHOOL DAY INTERRUPTIONS. (a) The board of
trustees of each school district shall adopt and strictly enforce a
policy limiting interruptions of classes during the school day for
nonacademic activities such as announcements and sales promotions.
At a minimum, the policy must limit announcements other than
emergency announcements to once during the school day.
(b) The board of trustees of each school district shall
adopt and strictly enforce a policy limiting the removal of
students from class for remedial tutoring or test preparation. A
district may not remove a student from a regularly scheduled class
for remedial tutoring or test preparation if, as a result of the
removal, the student would miss more than 10 percent of the school
days on which the class is offered, unless the student's parent or
another person standing in parental relation to the student
provides to the district written consent for removal from class for
such purpose.
(b) This section applies beginning with the 2013-2014
school year.
SECTION 6. (a) The heading to Section 25.092, Education
Code, is amended to read as follows:
Sec. 25.092. MINIMUM ATTENDANCE FOR CLASS CREDIT OR FINAL
GRADE.
(b) This section applies beginning with the 2013-2014
school year.
SECTION 7. (a) Sections 25.092(a), (a-1), (b), and (d),
Education Code, are amended to read as follows:
(a) Except as provided by this section, a student in any
grade level from kindergarten through grade 12 may not be given
credit or a final grade for a class unless the student is in
attendance for at least 90 percent of the days the class is offered.
(a-1) A student who is in attendance for at least 75 percent
but less than 90 percent of the days a class is offered may be given
credit or a final grade for the class if the student completes a
plan approved by the school's principal that provides for the
student to meet the instructional requirements of the class. A
student under the jurisdiction of a court in a criminal or juvenile
justice proceeding may not receive credit or a final grade under
this subsection without the consent of the judge presiding over the
student's case.
(b) The board of trustees of each school district shall
appoint one or more attendance committees to hear petitions for
class credit or a final grade by students who are in attendance
fewer than the number of days required under Subsection (a) and have
not earned class credit or a final grade under Subsection (a-1).
Classroom teachers shall comprise a majority of the membership of
the committee. A committee may give class credit or a final grade
to a student because of extenuating circumstances. Each board of
trustees shall establish guidelines to determine what constitutes
extenuating circumstances and shall adopt policies establishing
alternative ways for students to make up work or regain credit or a
final grade lost because of absences. The alternative ways must
include at least one option that does not require a student to pay a
fee authorized under Section 11.158(a)(15). A certified public
school employee may not be assigned additional instructional duties
as a result of this section outside of the regular workday unless
the employee is compensated for the duties at a reasonable rate of
pay.
(d) If a student is denied credit or a final grade for a
class by an attendance committee, the student may appeal the
decision to the board of trustees. The decision of the board may be
appealed by trial de novo to the district court of the county in
which the school district's central administrative office is
located.
(b) This section applies beginning with the 2013-2014
school year.
SECTION 8. (a) Section 28.002, Education Code, is amended
by amending Subsection (c) and adding Subsections (g-1), (g-2), and
(o) to read as follows:
(c) The State Board of Education, with the direct
participation of educators, parents, business and industry
representatives, and employers shall by rule identify the essential
knowledge and skills of each subject of the required curriculum
that all students should be able to demonstrate and that will be
used in evaluating instructional materials under Chapter 31 and
addressed on the assessment instruments required under Subchapter
B, Chapter 39. As a condition of accreditation, the board shall
require each district to provide instruction in the essential
knowledge and skills at appropriate grade levels and to make
available to each high school student in the district an Algebra II
course.
(g-1) A district may also offer a course or other activity,
including an apprenticeship or training hours needed to obtain an
industry-recognized credential or certificate, that is approved by
the board of trustees for credit without obtaining State Board of
Education approval if:
(1) the district develops a program under which the
district partners with a public or private institution of higher
education and local business, labor, and community leaders to
develop and provide the courses; and
(2) the course or other activity allows students to
enter:
(A) a career or technology training program in
the district's region of the state;
(B) an institution of higher education without
remediation;
(C) an apprenticeship training program; or
(D) an internship required as part of
accreditation toward an industry-recognized credential or
certificate for course credit.
(g-2) Each school district shall annually report to the
agency the names of the courses, programs, institutions of higher
education, and internships in which the district's students have
enrolled under Subsection (g-1). The agency shall make available
information provided under this subsection to other districts.
(o) In approving career and technology courses, the State
Board of Education must determine that at least 50 percent of the
approved courses are cost-effective for a school district to
implement.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 9. Subchapter A, Chapter 28, Education Code, is
amended by adding Section 28.00222 to read as follows:
Sec. 28.00222. INCREASE IN ADVANCED TECHNOLOGY AND
CAREER-RELATED COURSES. (a) Not later than September 1, 2014, the
State Board of Education shall ensure that at least six advanced
career and technology education or technology applications
courses, including courses in personal financial literacy
consistent with Section 28.0021 and in statistics, are approved to
satisfy a fourth credit in mathematics.
(b) Not later than January 1, 2015, the commissioner shall
review and report to the governor, the lieutenant governor, the
speaker of the house of representatives, and the presiding officer
of each standing committee of the legislature with primary
responsibility over public primary and secondary education
regarding the progress of increasing the number of courses approved
for the career and technology education or technology applications
curriculum. The commissioner shall include in the report a
detailed description of any new courses, including instructional
materials and required equipment, if any.
(c) This section expires September 1, 2015.
SECTION 10. (a) Section 28.014, Education Code, is amended
to read as follows:
Sec. 28.014. COLLEGE PREPARATORY COURSES. (a) Each school
district shall partner with at least one institution of higher
education to develop and provide [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 whose
performance on:
(A) [who do not meet college readiness standards
on] an end-of-course assessment instrument required under Section
39.023(c) does not meet college readiness standards; or
(B) coursework, a college entrance examination,
or an assessment instrument designated under Section 51.3062(c)
indicates that the student is not ready to perform entry-level
college coursework; and
(2) to prepare students for success in entry-level
college courses.
(b) A course developed under this section must be provided:
(1) on the campus of the high school offering the
course; or
(2) through distance learning or as an online course
provided through an institution of higher education with which the
school district partners as provided by Subsection (a).
(c) Appropriate faculty of each high school offering
courses under this section and appropriate faculty of each
institution of higher education with which the school district
partners shall meet regularly as necessary to ensure that each
course is aligned with college readiness expectations. The
commissioner of education, in coordination with the commissioner of
higher education, may adopt rules to administer this subsection.
(d) Each school district shall provide a notice to each
district student to whom Subsection (a) applies and the student's
parent or guardian regarding the benefits of enrolling in a course
under this section.
(e) A student who successfully completes an English
language arts [a] course developed under this section may use the
credit earned in the course toward satisfying the advanced English
language arts [applicable mathematics or science] curriculum
requirement for the foundation [recommended or advanced] high
school program under Section 28.025(b-1)(1) [28.025]. A student
who successfully completes a mathematics course developed under
this section may use the credit earned in the course toward
satisfying an advanced mathematics curriculum requirement under
Section 28.025 after completion of the mathematics curriculum
requirements for the foundation high school program under Section
28.025(b-1)(2).
(f) A course provided under this section may be offered for
dual credit at the discretion of the institution of higher
education with which a school district partners under this section.
(g) Each school district, in consultation with each
institution of higher education with which the district partners,
shall develop or purchase [(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 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 State Board of Education shall adopt]
instructional materials for a course developed under this section
consistent [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.
(h) [(f)] To the extent applicable, a district [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. A [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 shall be made available to students
[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.
(b) This section applies beginning with the 2013-2014
school year.
SECTION 11. Section 28.0211, Education Code, is amended by
amending Subsection (m) and adding Subsection (m-1) to read as
follows:
(m) The commissioner shall certify, not later than July 1 of
each school year or as soon as practicable thereafter, whether
sufficient funds have been appropriated statewide for the purposes
of this section and Section 28.0217. A determination by the
commissioner is final and may not be appealed. For purposes of
certification, the commissioner shall consider:
(1) the average cost per student per assessment
instrument administration;
(2) the number of students that require accelerated
instruction because the student failed to perform satisfactorily on
an assessment instrument;
(3) whether sufficient funds have been appropriated to
provide support to students in grades three through 12 identified
as being at risk of dropping out of school, as defined in Section
29.081(d); and
(4) whether sufficient funds have been appropriated to
provide instructional materials that are aligned with the
assessment instruments under Sections 39.023(a) and (c).
(m-1) For purposes of certification under Subsection (m),
the commissioner may not consider Foundation School Program funds
except for compensatory education funds under Section
42.152. This section may be implemented only if the commissioner
certifies that sufficient funds have been appropriated during a
school year for administering the accelerated instruction programs
specified under this section and Section 28.0217, including teacher
training for that purpose.
SECTION 12. (a) The heading to Section 28.0212, Education
Code, is amended to read as follows:
Sec. 28.0212. JUNIOR HIGH OR MIDDLE SCHOOL PERSONAL
GRADUATION PLAN.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 13. (a) Sections 28.0212(a) and (b), Education
Code, are amended to read as follows:
(a) A principal of a junior high or middle school shall
designate a school [guidance] counselor, teacher, or other
appropriate individual to develop and administer a personal
graduation plan for each student enrolled in the [a] junior high
or[,] middle[, or high] school who:
(1) does not perform satisfactorily on an assessment
instrument administered under Subchapter B, Chapter 39; or
(2) is not likely to receive a high school diploma
before the fifth school year following the student's enrollment in
grade level nine, as determined by the district.
(b) A personal graduation plan under this section must:
(1) identify educational goals for the student;
(2) include diagnostic information, appropriate
monitoring and intervention, and other evaluation strategies;
(3) include an intensive instruction program
described by Section 28.0213;
(4) address participation of the student's parent or
guardian, including consideration of the parent's or guardian's
educational expectations for the student; and
(5) provide innovative methods to promote the
student's advancement, including flexible scheduling, alternative
learning environments, on-line instruction, and other
interventions that are proven to accelerate the learning process
and have been scientifically validated to improve learning and
cognitive ability.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 14. (a) Subchapter B, Chapter 28, Education Code,
is amended by adding Section 28.02121 to read as follows:
Sec. 28.02121. HIGH SCHOOL PERSONAL GRADUATION PLAN. (a)
The agency, in consultation with the Texas Workforce Commission and
the Texas Higher Education Coordinating Board, shall prepare and
make available to each school district in English and Spanish
information that explains the advantages of the distinguished level
of achievement described by Section 28.025(b-15) and each
endorsement described by Section 28.025(c-1). The information must
contain an explanation:
(1) concerning the benefits of choosing a high school
personal graduation plan that includes the distinguished level of
achievement under the foundation high school program and includes
one or more endorsements to enable the student to achieve a class
rank in the top 10 percent for students at the campus; and
(2) that encourages parents, to the greatest extent
practicable, to have the student choose a high school personal
graduation plan described by Subdivision (1).
(b) A school district shall publish the information
provided to the district under Subsection (a) on the Internet
website of the district and ensure that the information is
available to students in grades nine and above and the parents or
legal guardians of those students in the language in which the
parents or legal guardians are most proficient. A district is
required to provide information under this subsection in the
language in which the parents or legal guardians are most
proficient only if at least 20 students in a grade level primarily
speak that language.
(c) A principal of a high school shall designate a school
counselor or school administrator to review personal graduation
plan options with each student entering grade nine together with
that student's parent or guardian. The personal graduation plan
options reviewed must include the distinguished level of
achievement described by Section 28.025(b-15) and the endorsements
described by Section 28.025(c-1). Before the conclusion of the
school year, the student and the student's parent or guardian must
confirm and sign a personal graduation plan for the student.
(d) A personal graduation plan under Subsection (c) must
identify a course of study that:
(1) promotes:
(A) college and workforce readiness; and
(B) career placement and advancement; and
(2) facilitates the student's transition from
secondary to postsecondary education.
(e) A school district may not prevent a student and the
student's parent or guardian from confirming a personal graduation
plan that includes pursuit of a distinguished level of achievement
or an endorsement.
(f) A student may amend the student's personal graduation
plan after the initial confirmation of the plan under this section.
If a student amends the student's personal graduation plan, the
school shall send written notice to the student's parents regarding
the change.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 15. Subchapter B, Chapter 28, Education Code, is
amended by adding Section 28.0217 to read as follows:
Sec. 28.0217. ACCELERATED INSTRUCTION FOR HIGH SCHOOL
STUDENTS. Each time a student fails to perform satisfactorily on an
assessment instrument administered under Section 39.023(c), the
school district in which the student attends school shall provide
to the student accelerated instruction in the applicable subject
area, using funds appropriated for accelerated instruction under
Section 28.0211. Accelerated instruction may require
participation of the student before or after normal school hours
and may include participation at times of the year outside normal
school operations.
SECTION 16. (a) Section 28.025, Education Code, is amended
by amending Subsections (a), (b), (b-1), (b-2), (b-3), (b-4),
(b-5), (b-7), (b-9), (b-10), (b-11), and (e) and adding Subsections
(b-12), (b-13), (b-14), (b-15), (b-16), (b-17), (b-18), (b-19),
(c-1), (c-2), (c-3), (c-4), (c-5), (e-1), (e-2), (e-3), (h), (h-1),
and (h-2) to read as follows:
(a) The State Board of Education by rule shall determine
curriculum requirements for the foundation [minimum, recommended,
and advanced] high school program [programs] that are consistent
with the required curriculum under Section 28.002. The [Subject to
Subsection (b-1), the] State Board of Education shall designate the
specific courses in the foundation curriculum under Section
28.002(a)(1) required under [for a student participating in] the
foundation [minimum, recommended, or advanced] high school
program. Except as provided by this section [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, on
entering ninth grade, indicates in writing an endorsement under
Subsection (c-1) that the student intends to earn. A district shall
permit a student to choose, at any time, to earn an endorsement
other than the endorsement the student previously indicated. A
student may graduate under the foundation high school program
without earning an endorsement if, after the student's sophomore
year:
(1) the student and the student's parent or person
standing in parental relation to the student are advised by a school
counselor of the specific benefits of graduating from high school
with one or more endorsements; and
(2) the student's parent or person standing in
parental relation to the student files with a school counselor
written permission, on a form adopted by the agency, allowing the
student to graduate under the foundation high school program
without earning an endorsement [enrolls in the courses necessary to
complete the curriculum requirements identified by the 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 State Board of Education by rule shall require
that[:
[(1) except as provided by Subsection (b-2),] the
curriculum requirements for the foundation [recommended and
advanced] high school program [programs] under Subsection (a)
include a requirement that students successfully complete:
(1) [(A)] four credits in English language arts [each
subject of the foundation curriculum] under Section
28.002(a)(1)(A), including one credit in English I, one credit in
English II, one credit in English III, and one credit in an advanced
English course authorized under Subsection (b-2);
(2) three credits in mathematics under Section
28.002(a)(1)(B), including one credit in Algebra I, one credit in
geometry, and one credit in any advanced mathematics course
authorized under Subsection (b-2);
(3) three credits in science under Section
28.002(a)(1)(C), including one credit in biology, one credit in any
advanced science course authorized under Subsection (b-2), and one
credit in integrated physics and chemistry or in an additional
advanced science course authorized under Subsection (b-2);
(4) three credits in social studies under Section
28.002(a)(1)(D) [28.002(a)(1)], including one credit in United
States history, at least one-half credit in government and at least
one-half credit in economics, and one credit in world geography or
world history [to meet the social studies requirement];
(5) except as provided under Subsections (b-12),
(b-13), and (b-14) [(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]
(6) five [(C) for the recommended high school
program, six] elective credits [and, for the advanced high school
program, five elective credits];
(7) [(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
(8) [(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 Subsection (b-1), the State
Board of Education shall provide for [allow] a student to comply
with the curriculum requirements for an advanced English course
under Subsection (b-1)(1) taken after successful completion of
English I, English II, and English III, for an advanced [a]
mathematics course under Subsection (b-1)(2) [(b-1)(1)] taken
after the successful completion of Algebra I and geometry, and for
any advanced [either after the successful completion of or
concurrently with Algebra II or a] science course under Subsection
(b-1)(3) [(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 course in
the appropriate content area that has been approved as an advanced
course by board rule or that is offered as an advanced course for
credit without board approval as provided by Section 28.002(g-1)
[career and technical course designated by the 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 for purposes of Subsection (b-2) [to
provide students with the option described by Subsection
(b-1)(1)(A)], the State Board of Education must approve a variety
of advanced English, mathematics, and science courses that may be
taken [after the completion of Algebra II and physics] to comply
with the foundation high school [recommended] program
requirements, provided that each approved course prepares students
to enter the workforce successfully or postsecondary education
without remediation.
(b-4) A school district may offer the curriculum described
in Subsections (b-1)(1) through (4) [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) 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-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 foundation [minimum, recommended, or advanced] high
school program or for an endorsement under Subsection (c-1) [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. Notwithstanding Subsection (b-15) or (c) of this
section, Section 39.025, or any other provision of this code and
notwithstanding any school district policy, a student who has
completed the core curriculum of an institution of higher education
under Section 61.822, as certified by the institution in accordance
with commissioner rule, is considered to have earned a
distinguished level of achievement under the foundation high school
program and is entitled to receive a high school diploma from the
appropriate high school as that high school is determined in
accordance with commissioner rule. A student who is considered to
have earned a distinguished level of achievement under the
foundation high school program under this subsection may apply for
admission to an institution of higher education for the first
semester or other academic term after the semester or other
academic term in which the student completes the core curriculum.
(b-9) A school district, with the approval of the
commissioner, may allow [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)(7) [(b-1)(3)(A)] by
participating in a community-based fine arts program not provided
by the school district in which the student is enrolled. The fine
arts program must provide instruction in the essential knowledge
and skills identified for fine arts by the State Board of Education
under Section 28.002(c). 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)(8) [(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-11) In adopting rules under Subsection (b-1), the State
Board of Education shall allow a student who is unable to
participate in physical activity due to disability or illness to
substitute one credit in English language arts, mathematics,
science, or social studies, one credit in a course that is offered
for credit as provided by Section 28.002(g-1), or one academic
elective credit for the physical education credit required under
Subsection (b-1)(8) [(b-1)(3)(B)]. A credit allowed to be
substituted under this subsection may not also be used by the
student to satisfy a graduation requirement other than completion
of the physical education credit. The rules must provide that the
determination regarding a student's ability to participate in
physical activity will be made by:
(1) if the student receives special education services
under Subchapter A, Chapter 29, the student's admission, review,
and dismissal committee;
(2) if the student does not receive special education
services under Subchapter A, Chapter 29, but is covered by Section
504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), the
committee established for the student under that Act; or
(3) if each of the committees described by
Subdivisions (1) and (2) is inapplicable, a committee established
by the school district of persons with appropriate knowledge
regarding the student.
(b-12) In adopting rules under Subsection (b-1), the State
Board of Education shall adopt criteria to allow a student to comply
with the curriculum requirements for the two credits in a language
other than English required under Subsection (b-1)(5) by
substituting two credits in computer programming languages.
(b-13) In adopting rules under Subsection (b-1), the State
Board of Education shall allow a student to substitute credit in
another appropriate course for the second credit in the same
language in a language other than English otherwise required by
Subsection (b-1)(5) if the student, in completing the first credit
required under Subsection (b-1)(5), demonstrates that the student
is unlikely to be able to complete the second credit. The board
rules must establish:
(1) the standards and, as applicable, the appropriate
school personnel for making a determination under this subsection;
and
(2) appropriate substitute courses for purposes of
this subsection.
(b-14) In adopting rules under Subsection (b-1), the State
Board of Education shall allow a student who, due to disability, is
unable to complete two courses in the same language in a language
other than English, as provided under Subsection (b-1)(5), to
substitute for those credits two credits in English language arts,
mathematics, science, or social studies or two credits in career
and technology education, technology applications, or other
academic electives. A credit allowed to be substituted under this
subsection may not also be used by the student to satisfy a
graduation credit requirement other than credit for completion of a
language other than English. The rules must provide that the
determination regarding a student's ability to participate in
language-other-than-English courses will be made by:
(1) if the student receives special education services
under Subchapter A, Chapter 29, the student's admission, review,
and dismissal committee; or
(2) if the student does not receive special education
services under Subchapter A, Chapter 29, but is covered by Section
504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), the
committee established for the student under that Act.
(b-15) A student may earn a distinguished level of
achievement under the foundation high school program by
successfully completing:
(1) four credits in mathematics, which must include
Algebra II and the courses described by Subsection (b-1)(2);
(2) four credits in science, which must include the
courses described by Subsection (b-1)(3);
(3) the remaining curriculum requirements under
Subsection (b-1); and
(4) the curriculum requirements for at least one
endorsement under Subsection (c-1).
(b-16) A student may satisfy an elective credit required
under Subsection (b-1)(6) with a credit earned to satisfy the
additional curriculum requirements for the distinguished level of
achievement under the foundation high school program or an
endorsement under Subsection (c-1). This subsection may apply to
more than one elective credit.
(b-17) The State Board of Education shall adopt rules to
ensure that a student may comply with the curriculum requirements
under Subsection (b-1)(6) by successfully completing an advanced
career and technical course, including a course that may lead to an
industry-recognized credential or certificate or an associate
degree.
(b-18) In adopting rules under Subsection (b-1), the State
Board of Education shall allow a student to comply with the
curriculum requirements under Subsection (b-1) by successfully
completing a dual credit course.
(b-19) In adopting rules under Subsection (b-1), the State
Board of Education shall adopt criteria to allow a student to comply
with curriculum requirements for the world geography or world
history credit under Subsection (b-1)(4) by successfully
completing a combined world history and world geography course
developed by the State Board of Education.
(c-1) A student may earn an endorsement on the student's
diploma and transcript by successfully completing curriculum
requirements for that endorsement adopted by the State Board of
Education by rule. The State Board of Education by rule shall
provide students with multiple options for earning each
endorsement, including, to the greatest extent possible, coherent
sequences of courses. The State Board of Education by rule must
permit a student to enroll in courses under more than one
endorsement curriculum before the student's junior year. An
endorsement under this subsection may be earned in any of the
following categories:
(1) science, technology, engineering, and mathematics
(STEM), which includes courses directly related to science,
including environmental science, technology, including computer
science, engineering, and advanced mathematics;
(2) business and industry, which includes courses
directly related to database management, information technology,
communications, accounting, finance, marketing, graphic design,
architecture, construction, welding, logistics, automotive
technology, agricultural science, and heating, ventilation, and
air conditioning;
(3) public services, which includes courses directly
related to health sciences and occupations, education and training,
law enforcement, and culinary arts and hospitality;
(4) arts and humanities, which includes courses
directly related to political science, world languages, cultural
studies, English literature, history, and fine arts; and
(5) multidisciplinary studies, which allows a student
to:
(A) select courses from the curriculum of each
endorsement area described by Subdivisions (1) through (4); and
(B) earn credits in a variety of advanced courses
from multiple content areas sufficient to complete the
distinguished level of achievement under the foundation high school
program.
(c-2) In adopting rules under Subsection (c-1), the State
Board of Education shall:
(1) require a student in order to earn any endorsement
to successfully complete:
(A) four credits in mathematics, which must
include:
(i) the courses described by Subsection
(b-1)(2); and
(ii) an additional advanced mathematics
course authorized under Subsection (b-2) or an advanced career and
technology course designated by the State Board of Education;
(B) four credits in science, which must include:
(i) the courses described by Subsection
(b-1)(3); and
(ii) an additional advanced science course
authorized under Subsection (b-2) or an advanced career and
technology course designated by the State Board of Education; and
(C) two elective credits in addition to the
elective credits required under Subsection (b-1)(6); and
(2) develop additional curriculum requirements for
each endorsement with the direct participation of educators and
business, labor, and industry representatives, and shall require
each school district to report to the agency the categories of
endorsements under Subsection (c-1) for which the district offers
all courses for curriculum requirements, as determined by board
rule.
(c-3) In adopting rules under Subsection (c-1), the State
Board of Education shall adopt criteria to allow a student
participating in the arts and humanities endorsement under
Subsection (c-1)(4), with the written permission of the student's
parent or a person standing in parental relation to the student, to
comply with the curriculum requirements for science required under
Subsection (c-2)(1)(B)(ii) by substituting for an advanced course
requirement a course related to that endorsement.
(c-4) Each school district must make available to high
school students courses that allow a student to complete the
curriculum requirements for at least one endorsement under
Subsection (c-1). A school district that offers only one
endorsement curriculum must offer the multidisciplinary studies
endorsement curriculum.
(c-5) A student may earn a performance acknowledgment on the
student's diploma and transcript by satisfying the requirements for
that acknowledgment adopted by the State Board of Education by
rule. An acknowledgment under this subsection may be earned:
(1) for outstanding performance:
(A) in a dual credit course;
(B) in bilingualism and biliteracy;
(C) on a college advanced placement test or
international baccalaureate examination; or
(D) on the PSAT, the ACT-Plan, the SAT, or the
ACT; or
(2) for earning a nationally or internationally
recognized business or industry certification or license.
(e) Each school district shall report the academic
achievement record of students who have completed the foundation [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.
(e-1) A school district shall clearly indicate a
distinguished level of achievement under the foundation high school
program as described by Subsection (b-15), an endorsement described
by Subsection (c-1), and a performance acknowledgment described by
Subsection (c-5) on the diploma and transcript of a student who
satisfies the applicable requirements. The State Board of
Education shall adopt rules as necessary to administer this
subsection.
(e-2) At the end of each school year, each school district
shall report through the Public Education Information Management
System (PEIMS) the number of district students who, during that
school year, were:
(1) enrolled in the foundation high school program;
(2) pursuing the distinguished level of achievement
under the foundation high school program as provided by Subsection
(b-15); and
(3) enrolled in a program to earn an endorsement
described by Subsection (c-1).
(e-3) Information reported under Subsection (e-2) must be
disaggregated by all student groups served by the district,
including categories of race, ethnicity, socioeconomic status,
sex, and populations served by special programs, including students
in special education programs under Subchapter A, Chapter 29.
(h) The commissioner by rule shall adopt a transition plan
to implement and administer the amendments made by H.B. No. 5, 83rd
Legislature, Regular Session, 2013, replacing the minimum,
recommended, and advanced high school programs with the foundation
high school program beginning with the 2014-2015 school year.
Under the transition plan, a student who entered the ninth grade
before the 2014-2015 school year must be permitted to complete the
curriculum requirements required for high school graduation under:
(1) the foundation high school program, if the student
chooses during the 2014-2015 school year to take courses under this
program;
(2) the minimum high school program, as that program
existed before the adoption of H.B. No. 5, 83rd Legislature,
Regular Session, 2013, if the student was participating in that
program before the 2014-2015 school year;
(3) the recommended high school program, as that
program existed before the adoption of H.B. No. 5, 83rd
Legislature, Regular Session, 2013, if the student was
participating in that program before the 2014-2015 school year; or
(4) the advanced high school program, as that program
existed before the adoption of H.B. No. 5, 83rd Legislature,
Regular Session, 2013, if the student was participating in that
program before the 2014-2015 school year.
(h-1) This subsection and Subsection (h) expire September
1, 2018.
(h-2) This subsection applies only to a student
participating in the minimum, recommended, or advanced high school
program who is completing the fourth year of high school during the
2013-2014 school year. The commissioner by rule shall permit a
student who does not satisfy the curriculum requirements of the
high school program in which the student is participating to
graduate if the student satisfies the curriculum requirements
established for the foundation high school program under this
section as amended by H.B. No. 5, 83rd Legislature, Regular
Session, 2013, and any other requirement required for graduation.
This subsection expires September 1, 2015.
(b) Except as provided by Subsection (c) of this section,
this section applies beginning with the 2014-2015 school year.
(c) Section 28.025(h-2), Education Code, as added by this
section, applies during the 2013-2014 school year.
SECTION 17. (a) 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 earned a distinguished level of
achievement under [completed] the foundation [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. The student may apply for admission to an
institution of higher education for the first semester or other
academic term after the semester or other academic term in which the
student earns a diploma through the pilot program.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 18. (a) Section 28.026, Education Code, is amended
to read as follows:
Sec. 28.026. NOTICE OF REQUIREMENTS FOR AUTOMATIC COLLEGE
ADMISSION AND FINANCIAL AID. (a) The board of trustees of a school
district and the governing body of each open-enrollment charter
school that provides a high school shall require each high school in
the district or provided by the charter school, as applicable, to
post appropriate signs in each counselor's office, in each
principal's office, and in each administrative building indicating
the substance of Section 51.803 regarding automatic college
admission and stating the curriculum requirements for financial aid
authorized under Title 3. To assist in the dissemination of that
[this] information, the [school] district or charter school shall:
(1) require that each high school counselor and class
advisor be provided a detailed explanation of the substance of
Section 51.803 and the curriculum requirements for financial aid
authorized under Title 3;
(2) provide each district or school student, at the
time the student first registers for one or more classes required
for high school graduation, with a written notification, including
a detailed explanation in plain language, of the substance of
Section 51.803, the curriculum requirements for financial aid
authorized under Title 3, and the benefits of completing the
requirements for that automatic admission and financial aid;
(3) require that each high school counselor and senior
class advisor explain to eligible students the substance of Section
51.803; and
(4) not later than the 14th day after the last day of
classes for the fall semester or an equivalent date in the case of a
school operated on a year-round system under Section 25.084,
provide each [eligible] senior student eligible under Section
51.803 and each student enrolled in the junior year of high school
who has a grade point average in the top 10 percent of the student's
high school class, and the student's parent or guardian, with a
written notification of the student's eligibility with a detailed
explanation in plain language of the substance of Section 51.803.
(b) The commissioner shall adopt forms, including specific
language, to use in providing notice under Subsections (a)(2) and
(4). In providing notice under Subsection (a)(2) or (4), a school
district or open-enrollment charter school shall use the
appropriate form adopted by the commissioner. The notice to a
student and the student's parent or guardian under Subsections
(a)(2) and (4) [Subsection (a)(4)] must be on a single form that
contains [may contain one or more] signature lines to indicate
receipt of notice by the student and [or] the student's parent or
guardian. The notice under Subsection (a)(2) must be signed by the
student's counselor in addition to being signed by the student and
the student's parent or guardian.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 19. (a) Sections 28.027(a) and (b), Education
Code, are amended to read as follows:
(a) In this section, "applied STEM course" means an applied
science, technology, engineering, or mathematics course offered as
part of a school district's career and technology education or
technology applications curriculum.
(b) The State Board of Education shall establish a process
under which an applied STEM course may be reviewed and approved for
purposes of satisfying the mathematics and science curriculum
requirements for the foundation [recommended] high school program
[imposed] under Section 28.025 [28.025(b-1)(1)(A)] through
substitution of the applied STEM course for a specific mathematics
or science course otherwise required under the foundation
[recommended] high school program [and completed during the
student's fourth year of mathematics or science course work]. [The
State Board of Education may only approve a course to substitute for
a mathematics course taken after successful completion of Algebra I
and geometry and after successful completion of or concurrently
with Algebra II.] The State Board of Education may only approve a
course to substitute for a science course taken after successful
completion of biology [and chemistry and after successful
completion of or concurrently with physics].
(b) This section applies beginning with the 2014-2015
school year.
SECTION 20. Section 29.081, Education Code, is amended by
adding Subsections (b-1), (b-2), and (b-3) and amending Subsection
(d) to read as follows:
(b-1) Each school district shall offer before the next
scheduled administration of the assessment instrument, without
cost to the student, additional accelerated instruction to each
student in any subject in which the student failed to perform
satisfactorily on an end-of-course assessment instrument required
for graduation.
(b-2) A district that is required to provide accelerated
instruction under Subsection (b-1) shall separately budget
sufficient funds, including funds under Section 42.152, for that
purpose. A district may not budget funds received under Section
42.152 for any other purpose until the district adopts a budget to
support additional accelerated instruction under Subsection (b-1).
(b-3) A district shall evaluate the effectiveness of
accelerated instruction programs under Subsection (b-1) and
annually hold a public hearing to consider the results.
(d) For purposes of this section, "student at risk of
dropping out of school" includes each student who is under 26 [21]
years of age and who:
(1) was not advanced from one grade level to the next
for one or more school years;
(2) if the student is in grade 7, 8, 9, 10, 11, or 12,
did not maintain an average equivalent to 70 on a scale of 100 in two
or more subjects in the foundation curriculum during a semester in
the preceding or current school year or is not maintaining such an
average in two or more subjects in the foundation curriculum in the
current semester;
(3) did not perform satisfactorily on an assessment
instrument administered to the student under Subchapter B, Chapter
39, and who has not in the previous or current school year
subsequently performed on that instrument or another appropriate
instrument at a level equal to at least 110 percent of the level of
satisfactory performance on that instrument;
(4) if the student is in prekindergarten,
kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on
a readiness test or assessment instrument administered during the
current school year;
(5) is pregnant or is a parent;
(6) has been placed in an alternative education
program in accordance with Section 37.006 during the preceding or
current school year;
(7) has been expelled in accordance with Section
37.007 during the preceding or current school year;
(8) is currently on parole, probation, deferred
prosecution, or other conditional release;
(9) was previously reported through the Public
Education Information Management System (PEIMS) to have dropped out
of school;
(10) is a student of limited English proficiency, as
defined by Section 29.052;
(11) is in the custody or care of the Department of
Protective and Regulatory Services or has, during the current
school year, been referred to the department by a school official,
officer of the juvenile court, or law enforcement official;
(12) is homeless, as defined by 42 U.S.C. Section
11302, and its subsequent amendments; or
(13) resided in the preceding school year or resides
in the current school year in a residential placement facility in
the district, including a detention facility, substance abuse
treatment facility, emergency shelter, psychiatric hospital,
halfway house, or foster group home.
SECTION 21. (a) Section 29.096(e), Education Code, is
amended to read as follows:
(e) The commissioner shall establish minimum standards for
a local collaborative agreement, including a requirement that the
agreement must be signed by an authorized school district or
open-enrollment charter school officer and an authorized
representative of each of the other participating entities that is
a partner in the collaboration. The program must:
(1) limit participation in the program to students
authorized to participate by a parent or other person standing in
parental relationship;
(2) have as a primary goal graduation from high school
[under at least the recommended high school program];
(3) provide for local businesses or other employers to
offer paid employment or internship opportunities and advanced
career and vocational training;
(4) include an outreach component and a lead
educational staff member to identify and involve eligible students
and public and private entities in participating in the program;
(5) serve a population of students of which at least 50
percent are identified as students at risk of dropping out of
school, as described by Section 29.081(d);
(6) allocate not more than 15 percent of grant funds
and matching funds, as determined by the commissioner, to
administrative expenses;
(7) include matching funds from any of the
participating entities; and
(8) include any other requirements as determined by
the council.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 22. 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) a school district provides, to the greatest extent
possible, to a student participating in a career and technology
education program opportunities to enroll in dual credit courses
designed to lead to a degree, license, or certification as part of
the program.
SECTION 23. (a) Sections 29.190(a) and (c), Education
Code, are amended to read as follows:
(a) A student is entitled to a subsidy under this section
if:
(1) the student:
(A) successfully completes the career and
technology program of a school district in which the student
receives training and instruction for employment [in a current or
emerging high-demand, high-wage, high-skill occupation, as
determined under Subsection (e)]; or
(B) is enrolled in a special education program
under Subchapter A; and
(2) the student passes a certification examination to
qualify for a license or certificate [for the occupation; and
[(3) the student submits to the district a written
application in the form, time, and manner required by the district
for the district to subsidize the cost of an examination described
by Subdivision (2)].
(c) On approval by the commissioner, the agency shall pay
each school district an amount equal to the cost paid by the
district [or student] for the certification examination. To obtain
reimbursement for a subsidy paid under this section, a district
must:
(1) pay the fee for the examination [or pay the student
the amount of the fee paid by the student for the examination]; and
(2) submit to the commissioner a written application
on a form prescribed by the commissioner stating the amount of the
fee paid under Subdivision (1) for the certification examination.
(b) This section applies beginning with the 2013-2014
school year.
SECTION 24. (a) 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 foundation
[minimum, recommended, or 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.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 25. (a) Section 29.904(d), Education Code, is
amended to read as follows:
(d) A plan developed under this section:
(1) must establish clear, achievable goals for
increasing the percentage of the school district's graduating
seniors, particularly the graduating seniors attending a high
school described by Subsection (a), who enroll in an institution of
higher education for the academic year following graduation;
(2) must establish an accurate method of measuring
progress toward the goals established under Subdivision (1) that
may include the percentage of district high school students and the
percentage of students attending a district high school described
by Subsection (a) who:
(A) are enrolled in a course for which a student
may earn college credit, such as an advanced placement or
international baccalaureate course or a course offered through
concurrent enrollment in high school and at an institution of
higher education;
(B) are enrolled in courses that meet the
curriculum requirements for the distinguished level of achievement
under the foundation [recommended or advanced] high school program
as determined under Section 28.025;
(C) have submitted a free application for federal
student aid (FAFSA);
(D) are exempt under Section 51.3062(p) or (q)
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.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 26. (a) Section 31.0211(c), Education Code, is
amended to read as follows:
(c) Subject to Subsection (d), funds allotted under this
section may be used to:
(1) purchase:
(A) materials on the list adopted by the
commissioner, as provided by Section 31.0231;
(B) instructional materials, regardless of
whether the instructional materials are on the list adopted under
Section 31.024;
(C) consumable instructional materials,
including workbooks;
(D) instructional materials for use in bilingual
education classes, as provided by Section 31.029;
(E) instructional materials for use in college
preparatory courses under Section 28.014, as provided by Section
31.031;
(F) supplemental instructional materials, as
provided by Section 31.035;
(G) [(F)] state-developed open-source
instructional materials, as provided by Subchapter B-1;
(H) [(G)] instructional materials and
technological equipment under any continuing contracts of the
district in effect on September 1, 2011; and
(I) [(H)] technological equipment necessary to
support the use of materials included on the list adopted by the
commissioner under Section 31.0231 or any instructional materials
purchased with an allotment under this section; and
(2) pay:
(A) for training educational personnel directly
involved in student learning in the appropriate use of
instructional materials and for providing for access to
technological equipment for instructional use; and
(B) the salary and other expenses of an employee
who provides technical support for the use of technological
equipment directly involved in student learning.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 27. Subchapter B, Chapter 31, Education Code, is
amended by adding Section 31.0215 to read as follows:
Sec. 31.0215. INSTRUCTIONAL MATERIAL ALLOTMENT PURCHASES.
(a) The commissioner shall, as early as practicable during each
fiscal year, notify each school district and open-enrollment
charter school of the estimated amount to which the district or
charter school will be entitled under Section 31.0211 during the
next fiscal year.
(b) The commissioner may allow a school district or
open-enrollment charter school to place an order for instructional
materials before the beginning of a fiscal year and to receive
instructional materials before payment. The commissioner shall
limit the cost of an order placed under this section to 80 percent
of the estimated amount to which a school district or
open-enrollment charter school is estimated to be entitled as
provided by Subsection (a) and shall first credit any balance in a
district or charter school instructional materials account to pay
for an order placed under this section.
(c) The commissioner shall make payments for orders placed
under this section as funds become available to the instructional
materials fund and shall prioritize payment of orders placed under
this section over reimbursement of purchases made directly by a
school district or open-enrollment charter school.
(d) The commissioner shall ensure that publishers of
instructional materials are informed of any potential delay in
payment and that payment is subject to the availability of
appropriated funds. A publisher may decline to accept an order
placed under this section.
(e) Chapter 2251, Government Code, does not apply to
purchases of instructional materials under this section.
(f) The commissioner may adopt rules to implement this
section.
SECTION 28. (a) Subchapter B, Chapter 31, Education Code,
is amended by adding Section 31.031 to read as follows:
Sec. 31.031. COLLEGE PREPARATORY INSTRUCTIONAL MATERIALS.
(a) A school district may purchase with the district's
instructional materials allotment or otherwise acquire
instructional materials for use in college preparatory courses
under Section 28.014.
(b) The commissioner shall adopt rules regarding the
purchase of instructional materials under this section.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 29. (a) The heading to Section 33.007, Education
Code, is amended to read as follows:
Sec. 33.007. COUNSELING REGARDING POSTSECONDARY [HIGHER]
EDUCATION.
(b) This section takes effect beginning with the 2014-2015
school year.
SECTION 30. (a) Sections 33.007(a) and (b), Education
Code, are amended to read as follows:
(a) Each school counselor at an elementary, middle, or
junior high school, including an open-enrollment charter school
offering those grades, shall advise students and their parents or
guardians regarding the importance of postsecondary [higher]
education, coursework designed to prepare students for
postsecondary [higher] education, and financial aid availability
and requirements.
(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 each [a student's senior] year of a
student's enrollment in high school or at the high school level, a
school counselor shall provide information about postsecondary
[higher] education to the student and the student's parent or
guardian. The information must include information regarding:
(1) the importance of postsecondary [higher]
education;
(2) the advantages of earning an endorsement and a
performance acknowledgment and completing the distinguished level
of achievement under the foundation [recommended or 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.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 31. (a) Section 39.023, Education Code, is amended
by amending Subsections (a-2), (b), (c), (c-3), (e), and (h) and
adding Subsections (b-1), (e-1), (e-2), and (e-3) to read as
follows:
(a-2) Except as required by federal law, a [A] student is
not required to be assessed in a subject otherwise assessed at the
student's grade level under Subsection (a) if the student:
(1) is enrolled in a course in the subject intended for
students above the student's grade level and will be administered
an assessment instrument adopted or developed under Subsection (a)
that aligns with the curriculum for the course in which the student
is enrolled; or
(2) is enrolled in a course in the subject for which
the student will receive high school academic credit and will be
administered an end-of-course assessment instrument adopted under
Subsection (c) for the course.
(b) The agency shall develop or adopt appropriate
criterion-referenced alternative assessment instruments to be
administered to each student in a special education program under
Subchapter A, Chapter 29, for whom an assessment instrument adopted
under Subsection (a), even with allowable accommodations, would not
provide an appropriate measure of student achievement, as
determined by the student's admission, review, and dismissal
committee, including assessment instruments approved by the
commissioner that measure growth. The assessment instruments
developed or adopted under this subsection, including the
assessment instruments approved by the commissioner, must, to the
extent allowed under federal law, provide a district with options
for the assessment of students under this subsection.
(b-1) The agency, in conjunction with appropriate
interested persons, shall redevelop assessment instruments adopted
or developed under Subsection (b) for administration to
significantly cognitively disabled students in a manner consistent
with federal law. An assessment instrument under this subsection
may not require a teacher to prepare tasks or materials for a
student who will be administered such an assessment instrument.
Assessment instruments adopted or developed under this subsection
shall be administered not later than the 2014-2015 school year.
(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 instrument [instruments] must be administered with the
aid of technology. The English I and English II end-of-course
assessment instruments must each assess essential knowledge and
skills in both reading and writing in the same assessment
instrument and must provide a single score. A school district shall
comply with 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 State Board of Education shall
administer the assessment instruments. The 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 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 and[,] English II[, and English III] must
be permitted to occur at an earlier date.
(e) Under rules adopted by the State Board of Education,
every third year, the agency shall release the questions and answer
keys to each assessment instrument administered under Subsection
(a), (b), (c), (d), or (l), excluding any assessment instrument
administered to a student for the purpose of retaking the
assessment instrument, after the last time the instrument is
administered for that school year. To ensure a valid bank of
questions for use each year, the agency is not required to release a
question that is being field-tested and was not used to compute the
student's score on the instrument. The agency shall also release,
under board rule, each question that is no longer being
field-tested and that was not used to compute a student's score.
During the 2014-2015 and 2015-2016 school years, the agency shall
release the questions and answer keys to assessment instruments as
described by this subsection each year.
(e-1) Under rules adopted by the commissioner, for the
2012-2013 school year, the agency each year shall release the
questions and answer keys to each assessment instrument
administered under Subsection (a), (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. This subsection
expires December 31, 2013.
(e-2) Under rules adopted by the commissioner, for the
2013-2014 school year, the agency each year shall release the
questions and answer keys to each assessment instrument
administered under Subsection (b), (c), or (l), excluding any
assessment instrument administered to a student for the purpose of
retaking the assessment instrument and any assessment instrument
covering a subject or course for which the questions and answer keys
for the 2012-2013 assessment instrument covering that subject or
course were released, after the last time the instrument is
administered for the 2013-2014 school year. This subsection expires
December 31, 2014.
(e-3) Under rules adopted by the commissioner, for the
2013-2014 school year, the agency each year shall release the
questions and answer keys to each assessment instrument
administered under Subsection (a), (b), (c), (d), or (l) during the
2013-2014 school year after the last time any assessment instrument
is administered for the 2013-2014 school year. This subsection
expires December 31, 2014.
(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 21st day after the date
the assessment instrument is administered [beginning of the
subsequent school year]. The school district shall disclose to
each district teacher the results of assessment instruments
administered to students taught by the teacher in the subject for
the school year in which the assessment instrument is administered.
(b) This section applies beginning with the 2013-2014
school year.
SECTION 32. (a) Section 39.0232, Education Code, is
amended to read as follows:
Sec. 39.0232. USE OF END-OF-COURSE ASSESSMENT INSTRUMENT AS
PLACEMENT INSTRUMENT; CERTAIN USES PROHIBITED. (a) To the extent
practicable, the agency shall ensure that any high school
end-of-course assessment instrument developed by the agency is
developed in such a manner that the assessment instrument may be
used to determine the appropriate placement of a student in a course
of the same subject matter at an institution of higher education.
(b) A student's performance on an end-of-course assessment
instrument may not be used:
(1) in determining the student's class ranking for any
purpose, including entitlement to automatic college admission
under Section 51.803 or 51.804; or
(2) as a sole criterion in the determination of
whether to admit the student to a general academic teaching
institution in this state.
(c) Subsection (b)(2) does not prohibit a general academic
teaching institution from implementing an admission policy that
takes into consideration a student's performance on an
end-of-course assessment instrument in addition to other criteria.
(d) In this section, "general academic teaching
institution" has the meaning assigned by Section 61.003.
(b) This section applies beginning with the 2013-2014
school year.
SECTION 33. (a) Section 39.0233(a), Education Code, is
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.
(b) This section applies beginning with the 2013-2014
school year.
SECTION 34. (a) Subchapter B, Chapter 39, Education Code,
is amended by adding Section 39.0238 to read as follows:
Sec. 39.0238. ADOPTION AND ADMINISTRATION OF POSTSECONDARY
READINESS ASSESSMENT INSTRUMENTS. (a) In addition to other
assessment instruments adopted and developed under this
subchapter, the agency shall adopt or develop appropriate
postsecondary readiness assessment instruments for Algebra II and
English III that a school district may administer at the district's
option.
(b) To the extent practicable, the agency shall ensure that
each postsecondary readiness assessment instrument:
(1) assesses essential knowledge and skills and
growth;
(2) is developed in a manner that measures a student's
performance under the college readiness standards established
under Section 28.008; and
(3) is validated by national postsecondary education
experts for college readiness content and performance standards.
(c) In adopting a schedule for the administration of
postsecondary readiness assessment instruments under this section,
the State Board of Education shall require the annual
administration of the postsecondary readiness assessment
instruments to occur not earlier than the second full week in May.
(d) The agency shall adopt a policy requiring each school
district that elects to administer postsecondary readiness
assessment instruments under Subsection (a) to annually:
(1) administer the applicable postsecondary readiness
assessment instrument to each student enrolled in a course for
which a postsecondary readiness assessment instrument is adopted or
developed under Subsection (a), including applied Algebra II; and
(2) report the results of the postsecondary readiness
assessment instruments to the agency.
(e) The agency shall annually deliver a report to the
governor, the lieutenant governor, the speaker of the house of
representatives, and the presiding officers of the standing
committees of the legislature with jurisdiction over public
education. The report must include a summary of student performance
on the preceding year's postsecondary readiness assessment
instruments.
(f) The results of a postsecondary readiness assessment
instrument administered under this section may not be used by:
(1) the agency for accountability purposes for a
school campus or school district;
(2) a school district:
(A) for the purpose of teacher evaluations; or
(B) in determining a student's final course grade
or determining a student's class rank for the purpose of high school
graduation; or
(3) an institution of higher education:
(A) for admission purposes; or
(B) to determine eligibility for a TEXAS grant.
(g) A school district may not administer an additional
benchmark assessment instrument solely for the purpose of preparing
for a postsecondary readiness assessment instrument administered
under this section. In this subsection, "benchmark assessment
instrument" means a district-required assessment instrument
designed to prepare students for a postsecondary readiness
assessment instrument administered under this section.
(h) The agency shall acknowledge a school district that
elects to administer the postsecondary readiness assessment
instruments as provided by Subsection (a).
(b) This section applies beginning with the 2015-2016
school year.
SECTION 35. (a) Section 39.025, Education Code, is amended
by amending Subsections (a), (a-1), (b), and (b-2) and adding
Subsection (a-4) to read as follows:
(a) The commissioner shall adopt rules requiring a student
participating in the recommended or advanced high school program to
be administered each end-of-course assessment instrument listed in
Section 39.023(c) and requiring a student participating in the
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), on each end-of-course
assessment instrument listed under Section 39.023(c) that is
administered to the student as provided by this subsection. For
each scale score required under this subsection that is not based on
a 100-point scale scoring system, the commissioner shall provide
for conversion, in accordance with commissioner rule, of the scale
score to an equivalent score based on a 100-point scale scoring
system. [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.
(a-1) A student enrolled in a college preparatory course
under Section 28.014 who satisfies the Texas Success Initiative
(TSI) college readiness benchmarks prescribed by the Texas Higher
Education Coordinating Board under Section 51.3062(f) on an
assessment instrument designated by the Texas Higher Education
Coordinating Board under Section 51.3062(c) administered at the end
of the college preparatory course satisfies the requirements
concerning an end-of-course assessment in an equivalent course as
prescribed by Subsection (a). The commissioner [by rule] shall
determine a method by which a student's satisfactory performance on
an advanced placement test, an international baccalaureate
examination, an SAT Subject Test, the SAT, the ACT, or any
nationally recognized norm-referenced [another] assessment
instrument used by institutions of higher education to award course
credit based on satisfactory performance on the [determined by the
commissioner to be at least as rigorous as an end-of-course]
assessment instrument shall [adopted under Section 39.023(c) may]
be used to satisfy [as a factor in determining whether the student
satisfies] the requirements concerning an end-of-course assessment
instrument in an equivalent course as prescribed by [of] Subsection
(a)[, including the cumulative score requirement of that
subsection]. The commissioner shall [by rule may] determine a
method by which a student's satisfactory performance on the PSAT [a
Preliminary Scholastic Assessment Test (PSAT) assessment] or the
ACT-Plan shall [a preliminary American College Test (ACT)
assessment may] be used to satisfy [as a factor in determining
whether the student satisfies] the requirements concerning an
end-of-course assessment instrument in an equivalent course as
prescribed by [of] Subsection (a). A student who fails to perform
satisfactorily on a test or other assessment instrument authorized
under this subsection, other than the PSAT or the ACT-Plan, may
retake that test or other assessment instrument for purposes of
this subsection or may take the appropriate end-of-course
assessment instrument. A student who fails to perform
satisfactorily on the PSAT or the ACT-Plan must take the
appropriate end-of-course assessment instrument. The commissioner
shall adopt rules as necessary for the administration of this
subsection.
(a-4) The admission, review, and dismissal committee of a
student in a special education program under Subchapter A, Chapter
29, shall determine whether, to receive a high school diploma, the
student is required to achieve satisfactory performance on
end-of-course assessment instruments.
(b) Each time an end-of-course assessment instrument
adopted under Section 39.023(c) is administered, a student who
failed to achieve a [minimum] score requirement under Subsection
(a) may [shall] retake the assessment instrument. [A student who
fails to perform satisfactorily on an Algebra II or English III
end-of-course assessment instrument under the college readiness
performance standard, as provided under Section 39.024(b), may
retake the assessment instrument. Any other student may retake an
end-of-course assessment instrument for any reason.] A student is
not required to retake a course as a condition of retaking an
end-of-course assessment instrument.
(b-2) If a school district determines that a student, on
completion of grade 11, is unlikely to achieve the [cumulative]
score requirement under Subsection (a) [requirements] for one or
more end-of-course assessment instruments administered to the
student as provided [subjects prescribed] by Subsection (a) for
receiving a high school diploma, the district shall require the
student to enroll in a corresponding content-area college
preparatory course for which an end-of-course assessment
instrument has been adopted, if available. A student who enrolls in
a college preparatory course described by this subsection shall be
administered an end-of-course assessment instrument for the
course, with the end-of-course assessment instrument scored on a
scale as determined by the commissioner [not to exceed 20 percent of
the cumulative score requirements required to graduate as
determined under Subsection (a)]. A student may use the student's
score on the end-of-course assessment instrument for the college
preparatory course towards satisfying the [cumulative] score
requirement [requirements] prescribed by Subsection (a).
(b) This section applies beginning with the 2013-2014
school year.
SECTION 36. (a) Effective September 1, 2014, Section
39.025(a), Education Code, is amended to read as follows:
(a) The commissioner shall adopt rules requiring a student
[participating] in the foundation [recommended or 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), on each end-of-course assessment instrument
listed under Section 39.023(c). For each scale score required
under this subsection that is not based on a 100-point scale scoring
system, the commissioner shall provide for conversion, in
accordance with commissioner rule, of the scale score to an
equivalent score based on a 100-point scale scoring system. [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.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 37. (a) Subchapter B, Chapter 39, Education Code,
is amended by adding Section 39.0263 to read as follows:
Sec. 39.0263. ADMINISTRATION OF DISTRICT-REQUIRED
BENCHMARK ASSESSMENT INSTRUMENTS TO PREPARE STUDENTS FOR
STATE-ADMINISTERED ASSESSMENT INSTRUMENTS. (a) In this section,
"benchmark assessment instrument" means a district-required
assessment instrument designed to prepare students for a
corresponding state-administered assessment instrument.
(b) Except as provided by Subsection (c), a school district
may not administer to any student more than two benchmark
assessment instruments to prepare the student for a corresponding
state-administered assessment instrument.
(c) The prohibition prescribed by this section does not
apply to the administration of a college preparation assessment
instrument, including the PSAT, the ACT-Plan, the SAT, or the ACT,
an advanced placement test, an international baccalaureate
examination, or an independent classroom examination designed or
adopted and administered by a classroom teacher.
(d) A parent of or person standing in parental relation to a
student who has special needs, as determined in accordance with
commissioner rule, may request administration to the student of
additional benchmark assessment instruments.
(b) This section applies beginning with the 2013-2014
school year.
SECTION 38. (a) Section 39.027, Education Code, is amended
by adding Subsection (a-2) to read as follows:
(a-2) Unless a student is enrolled in a school in the United
States for a period of at least 60 consecutive days during a year,
the student may not be considered to be enrolled in a school in the
United States for that year for the purpose of determining a number
of years under Subsection (a)(1), (2), or (3).
(b) This section applies beginning with the 2013-2014
school year.
SECTION 39. Section 39.0301, Education Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) In establishing procedures under Subsection (a)(1)
for the administration of assessment instruments, the commissioner
shall ensure that the procedures are designed to minimize
disruptions to school operations and the classroom environment. In
implementing the procedures established under Subsection (a)(1)
for the administration of assessment instruments, a school district
shall minimize disruptions to school operations and the classroom
environment.
SECTION 40. Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.038 to read as follows:
Sec. 39.038. RESTRICTION ON APPOINTMENTS TO ADVISORY
COMMITTEES. The commissioner may not appoint a person to a
committee or panel that advises the commissioner or agency
regarding state accountability systems under this title or the
content or administration of an assessment instrument if the person
is retained or employed by an assessment instrument vendor.
SECTION 41. (a) Subchapter B, Chapter 39, Education Code,
is amended by adding Section 39.039 to read as follows:
Sec. 39.039. PROHIBITION ON POLITICAL CONTRIBUTION OR
ACTIVITY BY CERTAIN CONTRACTORS. (a) A person who is an agent of an
entity that has been contracted to develop or implement assessment
instruments required under Section 39.023 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 State Board of Education.
(b) A person who is an agent of an entity that has been
contracted to develop or implement assessment instruments required
under Section 39.023 commits an offense if the person serves as a
member of a formal or informal advisory committee established by
the commissioner, agency staff, or the State Board of Education to
advise the commissioner, agency staff, or the State Board of
Education regarding policies or implementation of the requirements
of this subchapter.
(c) An offense under this section is a Class B misdemeanor.
(b) This section applies September 1, 2013.
SECTION 42. (a) Section 39.053, Education Code, is amended
by amending Subsections (c) and (g-1) and adding Subsections (c-1)
and (c-2) to read as follows:
(c) Indicators of student achievement adopted under this
section must include:
(1) the results of assessment instruments required
under Sections 39.023(a), (c), and (l), including the results of
assessment instruments required for graduation retaken by a
student, aggregated across grade levels by subject area, including:
(A) for the performance standard determined by
the commissioner under Section 39.0241(a):
(i) the percentage of students who
performed satisfactorily on the assessment instruments, aggregated
across grade levels by subject area; and
(ii) for students who did not perform
satisfactorily, the percentage of students who met the standard for
annual improvement, as determined by the agency under Section
39.034, on the assessment instruments, aggregated across grade
levels by subject area; and
(B) for the college readiness performance
standard as determined under Section 39.0241:
(i) the percentage of students who
performed satisfactorily on the assessment instruments, aggregated
across grade levels by subject area; and
(ii) for students who did not perform
satisfactorily, the percentage of students who met the standard for
annual improvement, as determined by the agency under Section
39.034, on the assessment instruments, aggregated across grade
levels by subject area;
(2) dropout rates, including dropout rates and
district completion rates for grade levels 9 through 12, computed
in accordance with standards and definitions adopted by the
National Center for Education Statistics of the United States
Department of Education; [and]
(3) high school graduation rates, computed in
accordance with standards and definitions adopted in compliance
with the No Child Left Behind Act of 2001 (20 U.S.C. Section 6301 et
seq.);
(4) the percentage of students who successfully
completed the curriculum requirements for the distinguished level
of achievement under the foundation high school program;
(5) the percentage of students who successfully
completed the curriculum requirements for an endorsement under
Section 28.025(c-1); and
(6) at least three additional indicators of student
achievement to evaluate district and campus performance, which must
include either:
(A) the percentage of students who satisfy the
Texas Success Initiative (TSI) college readiness benchmarks
prescribed by the Texas Higher Education Coordinating Board under
Section 51.3062(f) on an assessment instrument in reading,
writing, or mathematics designated by the Texas Higher Education
Coordinating Board under Section 51.3062(c); or
(B) the number of students who earn:
(i) at least 12 hours of postsecondary
credit required for the foundation high school program under
Section 28.025 or to earn an endorsement under Section 28.025(c-1);
(ii) at least 30 hours of postsecondary
credit required for the foundation high school program under
Section 28.025 or to earn an endorsement under Section 28.025(c-1);
(iii) an associate's degree; or
(iv) an industry certification.
(c-1) An indicator adopted under Subsection (c) that would
measure improvements in student achievement cannot negatively
affect the commissioner's review of a school district or campus if
that district or campus is already achieving at the highest level
for that indicator.
(c-2) The commissioner by rule shall determine a method by
which a student's performance may be included in determining the
performance rating of a school district or campus under Section
39.054 if, before the student graduates, the student:
(1) satisfies the Texas Success Initiative (TSI)
college readiness benchmarks prescribed by the Texas Higher
Education Coordinating Board under Section 51.3062(f) on an
assessment instrument designated by the Texas Higher Education
Coordinating Board under Section 51.3062(c); or
(2) performs satisfactorily on an assessment
instrument under Section 39.023(c), notwithstanding Subsection
(d).
(g-1) In computing dropout and completion rates under
Subsection (c)(2), the commissioner shall exclude:
(1) students who are ordered by a court to attend a
high school equivalency certificate program but who have not yet
earned a high school equivalency certificate;
(2) students who were previously reported to the state
as dropouts, including a student who is reported as a dropout,
reenrolls, and drops out again, regardless of the number of times of
reenrollment and dropping out;
(3) students in attendance who are not in membership
for purposes of average daily attendance;
(4) students whose initial enrollment in a school in
the United States in grades 7 through 12 was as unschooled refugees
or asylees as defined by Section 39.027(a-1);
(5) students who are in the district exclusively as a
function of having been detained at a county detention facility but
are otherwise not students of the district in which the facility is
located; and
(6) students who are incarcerated in state jails and
federal penitentiaries as adults and as persons certified to stand
trial as adults.
(b) This section applies beginning with the 2013-2014
school year.
SECTION 43. (a) Section 39.053(f), Education Code, is
amended to read as follows:
(f) Annually, the commissioner shall define the state
standard for the current school year for each student achievement
indicator described by Subsection (c) and shall project the state
standards for each indicator for the following two school years.
The commissioner shall periodically raise the state standards for
the student achievement indicator described by Subsection
(c)(1)(B)(i) for accreditation as necessary to reach the goals of
achieving, by not later than the 2019-2020 school year:
(1) student performance in this state, disaggregated
by race, ethnicity, and socioeconomic status, that ranks nationally
in the top 10 states in terms of college readiness; and
(2) student performance, [including the percentage of
students graduating under the recommended or advanced high school
program,] with no significant achievement gaps by race, ethnicity,
and socioeconomic status.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 44. (a) Section 39.054(a), Education Code, is
amended to read as follows:
(a) The commissioner shall adopt rules to evaluate school
district and campus performance and[, not later than August 8 of
each year,] assign each district [and campus] a performance rating
of A, B, C, D, or F. In adopting rules under this subsection, the
commissioner shall determine the criteria for each designated
letter performance rating. A district performance rating of A, B,
or C [that] reflects acceptable performance and a district
performance rating of D or F reflects [or] unacceptable
performance. The commissioner shall also assign each campus a
performance rating of exemplary, recognized, acceptable, or
unacceptable. A campus performance rating of exemplary,
recognized, or acceptable reflects acceptable performance, and a
campus performance rating of unacceptable reflects unacceptable
performance. A district may not receive a performance rating of A
if the district includes any campus with a performance rating of
unacceptable. Not later than August 8 of each year, the performance
rating of each district and campus shall be made publicly available
as provided by rules adopted under this subsection. If a district
or campus received a performance rating that reflected [of]
unacceptable performance for the preceding school year, the
commissioner shall notify the district of a subsequent such
designation on or before June 15.
(b) This section applies beginning with the 2016-2017
school year.
SECTION 45. (a) Section 39.054(b), Education Code, is
amended to read as follows:
(b) In evaluating performance, the commissioner shall
evaluate against state standards and consider the performance of
each campus in a school district and each open-enrollment charter
school on the basis of the campus's or school's performance on the
student achievement indicators adopted under Section 39.053, other
than, to the greatest extent possible, the student achievement
indicator adopted under Section 39.053(c)(1) [39.053(c)].
(b) This section applies beginning with the 2013-2014
school year.
SECTION 46. (a) Subchapter C, Chapter 39, Education Code,
is amended by adding Section 39.0545 to read as follows:
Sec. 39.0545. SCHOOL DISTRICT EVALUATION OF PERFORMANCE IN
COMMUNITY AND STUDENT ENGAGEMENT; COMPLIANCE. (a) Each school
district shall evaluate the district's performance and the
performance of each campus in the district in community and student
engagement and in compliance as provided by this section and assign
the district and each campus a performance rating of exemplary,
recognized, acceptable, or unacceptable for both overall
performance and each individual evaluation factor listed under
Subsection (b). Not later than August 8 of each year, the district
shall report each performance rating to the agency and make the
performance ratings publicly available as provided by commissioner
rule.
(b) For purposes of assigning the performance ratings under
Subsection (a), a school district must evaluate:
(1) the following programs or specific categories of
performance at each campus:
(A) fine arts;
(B) wellness and physical education;
(C) community and parental involvement, such as:
(i) opportunities for parents to assist
students in preparing for assessments under Section 39.023;
(ii) tutoring programs that support
students taking assessments under Section 39.023; and
(iii) opportunities for students to
participate in community service projects;
(D) the 21st Century Workforce Development
program;
(E) the second language acquisition program;
(F) the digital learning environment;
(G) dropout prevention strategies; and
(H) educational programs for gifted and talented
students; and
(2) the record of the district and each campus
regarding compliance with statutory reporting and policy
requirements.
(c) A school district shall use criteria developed by a
local committee to evaluate:
(1) the performance of the district's campus programs
and categories of performance under Subsection (b)(1); and
(2) the record of the district and each campus
regarding compliance under Subsection (b)(2).
(b) This section applies beginning with the 2013-2014
school year.
SECTION 47. Section 39.056, Education Code, is amended by
adding Subsection (f) to read as follows:
(f) A district which takes action with regard to the
recommendations provided by the investigators as prescribed by
Subsection (e) shall make a reasonable effort to seek assistance
from a third party in developing an action plan to improve district
performance using improvement techniques that are goal oriented and
research based.
SECTION 48. (a) 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 advanced
course as determined by the commissioner [as distinguishing between
students participating in the recommended high school program from
students participating in the minimum high school program];
(11) [(12)] when resource allocation practices as
evaluated under Section 39.0821 indicate a potential for
significant improvement in resource allocation;
(12) when a disproportionate number of students of a
particular demographic group is graduating with a particular
endorsement under Section 28.025(c-1);
(13) when an excessive number of students is
graduating with a particular endorsement under Section
28.025(c-1); or
(14) [(13)] as the commissioner otherwise determines
necessary.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 49. (a) Section 39.082, Education Code, is amended
by amending Subsections (a) and (b) and adding Subsections (d),
(e), (f), (g), (h), (h-1), and (i) to read as follows:
(a) The commissioner shall, in consultation with the
comptroller, develop and implement separate financial
accountability rating systems for school districts and
open-enrollment charter schools in this state that:
(1) distinguish among school districts and
distinguish among open-enrollment charter schools, as applicable,
based on levels of financial performance; [and]
(2) include procedures to:
(A) provide additional transparency to public
education finance; and
(B) enable the commissioner and school district
and open-enrollment charter school administrators to provide
meaningful financial oversight and improvement; and
(3) include processes for anticipating the future
financial solvency of each school district and open-enrollment
charter school, including analysis of district and school revenues
and expenditures for preceding school years.
(b) The system must include uniform indicators adopted by
[the] commissioner rule by which to measure the financial
management performance and future financial solvency of a district
or open-enrollment charter school. In adopting indicators under
this subsection, the commissioner shall assign a point value to
each indicator to be used in a scoring matrix developed by the
commissioner. Any reference to a teacher in an indicator adopted by
the commissioner under this subsection means a classroom teacher.
(d) The commissioner shall evaluate indicators adopted
under Subsection (b) at least once every three years.
(e) Under the financial accountability rating system
developed under this section, each school district or
open-enrollment charter school, as applicable, shall be assigned a
financial accountability rating. In adopting rules under this
section, the commissioner, in consultation with the comptroller,
shall determine the criteria for each designated performance
rating.
(f) A district or open-enrollment charter school shall
receive the lowest rating under the system if the district or school
fails to achieve a satisfactory rating on:
(1) an indicator adopted under Subsection (b) relating
to financial management or solvency that the commissioner
determines to be critical; or
(2) a category of indicators that suggest trends
leading to financial distress as determined by the commissioner.
(g) Before assigning a final rating under the system, the
commissioner shall assign each district or open-enrollment charter
school a preliminary rating. A district or school may submit
additional information to the commissioner relating to any
indicator on which performance was considered unsatisfactory. The
commissioner shall consider any additional information submitted
by a district or school before assigning a final rating. If the
commissioner determines that the additional information negates
the concern raised by the indicator on which performance was
considered unsatisfactory, the commissioner may not penalize the
district or school on the basis of the indicator.
(h) The commissioner shall adopt rules for the
implementation of this section.
(h-1) The commissioner shall adopt initial rules necessary
to implement the changes to this section made by the 83rd
Legislature, Regular Session, 2013, not later than March 1, 2015.
This subsection expires April 1, 2015.
(i) Not later than August 8 of each year, the financial
accountability rating of each school district and open-enrollment
charter school under the financial accountability rating system
developed under this section shall be made publicly available as
provided by rules adopted under this section.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 50. (a) Section 39.0823, Education Code, is
amended by amending Subsection (a) and adding Subsection (d) to
read as follows:
(a) If the commissioner, based on the indicators adopted
under Section 39.082 or other relevant information, projects a
[review process under Section 39.0822 indicates a projected]
deficit for a school district or open-enrollment charter school
general fund within the following three school years, the agency
[district] shall provide the district or school [agency] interim
financial reports, including projected revenues and expenditures
[supplemented by staff and student count data, as needed], to
evaluate the [district's] current budget status of the district or
school.
(d) The agency may require a district or open-enrollment
charter school to submit additional information needed to produce a
financial report under Subsection (a). If a district or school
fails to provide information requested under this subsection or if
the commissioner determines that the information submitted by a
district or school is unreliable, the commissioner may order the
district or school to acquire professional services as provided by
Section 39.109.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 51. (a) Subchapter D, Chapter 39, Education Code,
is amended by adding Section 39.0824 to read as follows:
Sec. 39.0824. CORRECTIVE ACTION PLAN. (a) A school
district or open-enrollment charter school assigned the lowest
rating under Section 39.082 shall submit to the commissioner a
corrective action plan to address the financial weaknesses of the
district or school. A corrective action plan must identify the
specific areas of financial weaknesses, such as financial
weaknesses in transportation, curriculum, or teacher development,
and include strategies for improvement.
(b) The commissioner may impose appropriate sanctions under
Subchapter E against a district or school failing to submit or
implement a corrective action plan required under Subsection (a).
(b) This section applies beginning with the 2014-2015
school year.
SECTION 52. (a) Section 39.083(b), Education Code, is
amended to read as follows:
(b) The annual financial management report must include:
(1) a description of the district's financial
management performance based on a comparison, provided by the
agency, of the district's performance on the indicators adopted
under Section 39.082(b) to:
(A) state-established standards; and
(B) the district's previous performance on the
indicators; and
(2) [a description of the data submitted using the
electronic-based program developed under Section 39.0822; and
[(3)] any descriptive information required by the
commissioner.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 53. (a) Section 39.201(a), Education Code, is
amended to read as follows:
(a) Not later than August 8 of each year, the commissioner
shall award distinction designations for outstanding performance
as provided by [under] this subchapter. A distinction designation
awarded to a district or campus under this subchapter shall be
referenced directly in connection with the performance rating
assigned to the district or campus and made publicly available
together with the performance ratings as provided by rules adopted
under Section 39.054(a).
(b) This section applies beginning with the 2013-2014
school year.
SECTION 54. (a) Section 39.202, Education Code, is amended
to read as follows:
Sec. 39.202. ACADEMIC [EXCELLENCE] DISTINCTION DESIGNATION
FOR DISTRICTS AND CAMPUSES. The commissioner by rule shall
establish [a recognized and exemplary rating for awarding districts
and campuses] an academic distinction designation for districts and
campuses for outstanding performance in attainment of
postsecondary readiness [under this subchapter]. The [In
establishing the recognized and exemplary ratings, the]
commissioner shall adopt criteria for the designation under this
section [ratings], including:
(1) percentages of students who:
(A) performed satisfactorily, as determined
under the college readiness performance standard under Section
39.0241, on assessment instruments required under Section
39.023(a), (b), (c), or (l), aggregated across grade levels by
subject area; or
(B) met the standard for annual improvement, as
determined by the agency under Section 39.034, on assessment
instruments required under Section 39.023(a), (b), (c), or (l),
aggregated across grade levels by subject area, for students who
did not perform satisfactorily as described by Paragraph (A);
(2) percentages of:
(A) students who earned a nationally or
internationally recognized business or industry certification or
license;
(B) students who completed a coherent sequence of
career and technical courses;
(C) students who completed a dual credit course
or an articulated postsecondary course provided for local credit;
(D) students who achieved applicable College
Readiness Benchmarks or the equivalent on the Preliminary
Scholastic Assessment Test (PSAT), the Scholastic Assessment Test
(SAT), the American College Test (ACT), or the ACT-Plan assessment
program; and
(E) students who received a score on either an
advanced placement test or an international baccalaureate
examination to be awarded college credit; and
(3) [(2)] other factors for determining sufficient
student attainment of postsecondary readiness.
(b) This section applies beginning with the 2013-2014
school year.
SECTION 55. (a) Section 39.203, Education Code, is amended
to read as follows:
Sec. 39.203. CAMPUS DISTINCTION DESIGNATIONS. (a) The
commissioner shall award a campus a distinction designation for
outstanding performance in improvement in student achievement if
the campus is ranked in the top 25 percent of campuses in the state
in annual improvement in student achievement as determined under
Section 39.034.
(b) In addition to the distinction designation described by
Subsection (a), the commissioner shall award a campus a distinction
designation for outstanding performance in closing student
achievement differentials if the campus demonstrates an ability to
significantly diminish or eliminate performance differentials
between student subpopulations and is ranked in the top 25 percent
of campuses in this state under the performance criteria described
by this subsection. The commissioner shall adopt rules related to
the distinction designation under this subsection to ensure that a
campus does not artificially diminish or eliminate performance
differentials through inhibiting the achievement of the highest
achieving student subpopulation.
(c) In addition to the distinction designations described
by Subsections (a) and (b), a campus that satisfies the criteria
developed under Section 39.204 shall be awarded a distinction
designation by the commissioner for outstanding performance in [for
the following programs or the following specific categories of
performance:
[(1)] academic achievement in English language arts,
mathematics, science, or social studies[;
[(2) fine arts;
[(3) physical education;
[(4) 21st Century Workforce Development program; and
[(5) second language acquisition program].
(d) In addition to the distinction designations otherwise
described by this section, the commissioner may award a distinction
designation for outstanding performance in advanced middle or
junior high school student achievement to a campus with a
significant number of students below grade nine who perform
satisfactorily on an end-of-course assessment instrument
administered under Section 39.023(c).
(b) This section applies beginning with the 2013-2014
school year.
SECTION 56. (a) Section 39.235(b), Education Code, is
amended to read as follows:
(b) Before awarding a grant under this section, the
commissioner may require a campus or school district to:
(1) obtain local matching funds; or
(2) meet other conditions, including developing a
personal graduation plan under Section 28.0212 or 28.02121, as
applicable, for each student enrolled at the campus or in a district
middle, junior high, or high school.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 57. (a) Section 39.301(c), Education Code, is
amended to read as follows:
(c) Indicators for reporting purposes must include:
(1) the percentage of graduating students who meet the
course requirements established by State Board of Education rule
for:
(A) the foundation [minimum] high school
program;
(B) [,] the distinguished level of achievement
under the foundation [recommended] high school program;[,] and
(C) each endorsement described by Section
28.025(c-1) [the advanced high school program];
(2) the results of the SAT, ACT, articulated
postsecondary degree programs described by Section 61.852, and
certified workforce training programs described by Chapter 311,
Labor Code;
(3) for students who have failed to perform
satisfactorily, under each performance standard under Section
39.0241, on an assessment instrument required under Section
39.023(a) or (c), the performance of those students on subsequent
assessment instruments required under those sections, aggregated
by grade level and subject area;
(4) for each campus, the number of students,
disaggregated by major student subpopulations, that [agree under
Section 28.025(b) to] take courses under the foundation [minimum]
high school program and take additional courses to earn an
endorsement under Section 28.025(c-1), disaggregated by type of
endorsement;
(5) the percentage of students, aggregated by grade
level, provided accelerated instruction under Section 28.0211(c),
the results of assessment instruments administered under that
section, the percentage of students promoted through the grade
placement committee process under Section 28.0211, the subject of
the assessment instrument on which each student failed to perform
satisfactorily under each performance standard under Section
39.0241, and the performance of those students in the school year
following that promotion on the assessment instruments required
under Section 39.023;
(6) the percentage of students of limited English
proficiency exempted from the administration of an assessment
instrument under Sections 39.027(a)(1) and (2);
(7) the percentage of students in a special education
program under Subchapter A, Chapter 29, assessed through assessment
instruments developed or adopted under Section 39.023(b);
(8) the percentage of students who satisfy the college
readiness measure;
(9) the measure of progress toward dual language
proficiency under Section 39.034(b), for students of limited
English proficiency, as defined by Section 29.052;
(10) the percentage of students who are not
educationally disadvantaged;
(11) the percentage of students who enroll and begin
instruction at an institution of higher education in the school
year following high school graduation; and
(12) the percentage of students who successfully
complete the first year of instruction at an institution of higher
education without needing a developmental education course.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 58. Subchapter J, Chapter 39, Education Code, is
amended by adding Section 39.309 to read as follows:
Sec. 39.309. TEXAS SCHOOL ACCOUNTABILITY DASHBOARD. (a)
The agency shall develop and maintain an Internet website, separate
from the agency's Internet website, to be known as the Texas School
Accountability Dashboard for the public to access school district
and campus accountability information.
(b) The commissioner shall adopt, for use on the Texas
School Accountability Dashboard, a performance index in each of the
following areas:
(1) student achievement;
(2) student progress;
(3) closing performance gaps; and
(4) postsecondary readiness.
(c) The Texas School Accountability Dashboard developed
under Subsection (a) must include:
(1) performance information for each school district
and campus in areas specified by Subsection (b) and must allow for
comparison between districts and campuses in each of the areas;
(2) a comparison of the number of students enrolled in
each school district, including:
(A) the percentage of students of limited English
proficiency, as defined by Section 29.052;
(B) the percentage of students who are unschooled
asylees or refugees, as defined by Section 39.027(a-1);
(C) the percentage of students who are
educationally disadvantaged; and
(D) the percentage of students with
disabilities;
(3) a comparison of performance information for each
district and campus disaggregated by race, ethnicity, and
populations served by special programs, including special
education, bilingual education, and special language programs; and
(4) a comparison of performance information by subject
area.
SECTION 59. (a) Section 39.332(b), Education Code, is
amended by amending Subdivision (23) and adding Subdivision (24) to
read as follows:
(23) The report must contain an evaluation of the
availability of endorsements under Section 28.025(c-1), including
the following information for each school district:
(A) the endorsements under Section 28.025(c-1)
for which the district offers all courses for curriculum
requirements as determined by board rule; and
(B) the district's economic, geographic, and
demographic information, as determined by the commissioner.
(24) The report must contain any additional
information considered important by the commissioner or the State
Board of Education.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 60. (a) Subchapter L, Chapter 39, Education Code,
is amended by adding Section 39.363 to read as follows:
Sec. 39.363. NOTICE ON AGENCY WEBSITE. Not later than
October 1 of each year, the agency shall make the following
information available to the public on the agency's Internet
website:
(1) the letter performance rating assigned to each
school district and campus under Section 39.054 and each
distinction designation awarded to a school district or campus
under Subchapter G;
(2) the performance rating assigned to a school
district and each campus in the district by the district under
Section 39.0545; and
(3) the financial accountability rating assigned to
each school district and open-enrollment charter school under
Section 39.082.
(b) This section applies beginning with the 2013-2014
school year.
[The bill does not contain a SECTION 61.]
SECTION 62. (a) Section 51.3062(q-1), Education Code, is
amended to read as follows:
(q-1) A student who has [completed a recommended or advanced
high school program as determined under Section 28.025 and]
demonstrated the performance standard for college readiness as
provided by Section 28.008 [39.024] on the postsecondary readiness
assessment instruments adopted under Section 39.0238 for 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.
(b) This section applies beginning with the 2015-2016
school year.
SECTION 63. (a) Section 51.3062, Education Code, is amended
by adding Subsection (q-2) to read as follows:
(q-2) A student who successfully completes a college
preparatory course under Section 28.014 is exempt from the
requirements of this section with respect to the content area of the
course. The commissioner of higher education by rule shall
establish the period for which an exemption under this subsection
is valid. The exemption applies only at the institution of higher
education that partners with the school district in which the
student is enrolled to provide the course, except that the
commissioner by rule may determine the manner in which the
exemption may be applied to institutions of higher education other
than the partnering institution.
(b) This section applies beginning with the 2013-2014
school year.
SECTION 64. (a) Section 51.803, Education Code, is amended
by amending Subsections (a), (b), and (d) and adding Subsection (m)
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 the
distinguished level of achievement under the foundation
[recommended or advanced] high school program; or
(ii) at a high school to which Section
28.025 does not apply, a curriculum that is equivalent in content
and rigor to the distinguished level of achievement under the
foundation [recommended or advanced] high school program; or
(B) satisfied ACT's College Readiness Benchmarks
on the ACT assessment applicable to the applicant or earned on the
SAT assessment a score of at least 1,500 out of 2,400 or the
equivalent; and
(3) if the applicant graduated from a high school
operated by the United States Department of Defense, the applicant
is a Texas resident under Section 54.052 or is entitled to pay
tuition fees at the rate provided for Texas residents under Section
54.241(d) [54.058(d)] for the term or semester to which admitted.
(b) An applicant who does not satisfy the curriculum
requirements prescribed by Subsection (a)(2)(A)(i) or (ii) is
considered to have satisfied those requirements if the student
completed the portion of the distinguished level of achievement
under the foundation high school program [recommended or advanced]
curriculum or of the curriculum equivalent in content and rigor, as
applicable, that was available to the student but was unable to
complete the remainder of the curriculum solely because courses
necessary to complete the remainder were unavailable to the student
at the appropriate times in the student's high school career as a
result of course scheduling, lack of enrollment capacity, or
another cause not within the student's control.
(d) For purposes of Subsection (c)(2), a student's official
transcript or diploma must, not later than the end of the student's
junior year, indicate:
(1) whether the student has satisfied or is on
schedule to satisfy the requirements of Subsection (a)(2)(A)(i) or
(ii), as applicable; or
(2) if Subsection (b) applies to the student, whether
the student has completed the portion of the distinguished level of
achievement under the foundation high school program [recommended
or advanced] curriculum or of the curriculum equivalent in content
and rigor, as applicable, that was available to the student.
(m) The Texas Higher Education Coordinating Board and the
commissioner of education shall jointly adopt rules to establish
eligibility requirements for admission under this section as to
curriculum requirements for high school graduation under
Subsection (a)(2)(A) for students participating under the
recommended or advanced high school program so that the admission
of those students is not affected by their participation in the
recommended or advanced high school program. This subsection
expires September 1, 2020.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 65. (a) Section 51.805, Education Code, is amended
by amending Subsection (a) and adding Subsection (g) to read as
follows:
(a) A graduating student who does not qualify for admission
under Section 51.803 or 51.804 may apply to any general academic
teaching institution if the student:
(1) successfully completed [satisfies the
requirements of]:
(A) at a public high school, the curriculum
requirements established under Section 28.025 for the foundation
high school program; or
(B) at a high school to which Section 28.025 does
not apply, a curriculum that is equivalent in content and rigor to
the foundation high school program [(1) Section 51.803(a)(2)(A)
or 51.803(b), as applicable to the student, or Section
51.803(a)(2)(B)]; or [and]
(2) 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
[Sections 51.803(c)(2) and 51.803(d)].
(g) The Texas Higher Education Coordinating Board and the
commissioner of education shall jointly adopt rules to establish
eligibility requirements for admission under this section as to
curriculum requirements for high school graduation under
Subsection (a)(1) for students participating in the minimum,
recommended, or advanced high school program so that the admission
requirements for those students under this section are not more
stringent than the admission requirements under this section for
students participating in the foundation high school program. This
subsection expires September 1, 2020.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 66. (a) 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 the
foundation [recommended or advanced] high school program or the
distinguished level of achievement under the foundation high school
program.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 67. (a) Subchapter A, Chapter 56, Education Code,
is amended by adding Section 56.009 to read as follows:
Sec. 56.009. ELIGIBILITY BASED ON GRADUATION UNDER CERTAIN
HIGH SCHOOL PROGRAMS. To the extent that a person's eligibility to
participate in any program under this chapter, including
Subchapters K, Q, and R, is contingent on the person graduating
under the recommended or advanced high school program, as those
programs existed before the adoption of H.B. No. 5, 83rd
Legislature, Regular Session, 2013, the Texas Higher Education
Coordinating Board and the commissioner of education shall jointly
adopt rules to modify, clarify, or otherwise establish for affected
programs appropriate eligibility requirements regarding high
school curriculum completion.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 68. (a) 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. (a) 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 the foundation
[recommended] high school 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 or
technology applications 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.
(b) For purposes of Subsection (a)(2)(A), a student who
graduated under the recommended or advanced high school program is
considered to have successfully completed the curriculum
requirements of Section 51.803(a)(2)(A)(i). This subsection
expires September 1, 2020.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 69. (a) Section 61.0517(a), Education Code, is
amended to read as follows:
(a) In this section, "applied STEM course" means an applied
science, technology, engineering, or mathematics course offered as
part of a school district's career and technology education or
technology applications curriculum and approved, as provided by
Section 28.027, by the State Board of Education for purposes of
satisfying the mathematics and science curriculum requirements for
the foundation [recommended] high school program [imposed] under
Section 28.025 [28.025(b-1)(1)(A)].
(b) This section applies beginning with the 2014-2015
school year.
SECTION 70. (a) Section 61.792(b), Education Code, is
amended to read as follows:
(b) To qualify for a scholarship under this section, a
student must:
(1) have graduated with a grade point average in the
top 20 percent of the student's high school graduating class;
(2) have graduated from high school with a grade point
average of at least 3.5 on a four-point scale or the equivalent in
mathematics and science courses offered under the foundation
[recommended or 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.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 71. (a) 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 foundation
[recommended] high school program adopted by the State Board of
Education under Section 28.025 [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.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 72. (a) 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 foundation [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 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.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 73. (a) 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
the foundation [recommended or advanced] high school program as
determined under Section 28.025.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 74. (a) 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 foundation [recommended or advanced] high school program as
determined under Section 28.025.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 75. (a) Section 78.10(b), Education Code, is
amended to read as follows:
(b) The Texas Academy of Mathematics and Science is a
division of The University of Texas at Brownsville and is under the
management and control of the board. The academy serves the
following purposes:
(1) to provide academically gifted and highly
motivated junior and senior high school students with a challenging
university-level curriculum that:
(A) allows students to complete high school
graduation requirements[, including requirements adopted under
Section 28.025] for the foundation [advanced] high school program
and the distinguished level of achievement under the foundation
high school program and earn appropriate endorsements as provided
by Section 28.025, while attending for academic credit a public
institution of higher education;
(B) fosters students' knowledge of real-world
mathematics and science issues and applications and teaches
students to apply critical and computational thinking and
problem-solving skills to those issues and problems;
(C) includes the study of English, foreign
languages, social studies, mathematics, science, and technology;
and
(D) offers students learning opportunities
related to mathematics and science through in-depth research and
field-based studies;
(2) to provide students with an awareness of
mathematics and science careers and professional development
opportunities through seminars, workshops, collaboration with
postsecondary and university students including opportunities for
summer studies, internships in foreign countries, and similar
methods; and
(3) to provide students with social development
activities that enrich the academic curriculum and student life,
including, as determined appropriate by the academy, University
Interscholastic League activities and other extracurricular
activities.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 76. (a) Section 87.505(b), Education Code, is
amended to read as follows:
(b) The Texas Academy of International Studies is a division
of Texas A&M International University and is under the management
and control of the board. The academy serves the following
purposes:
(1) to provide academically gifted and highly
motivated junior and senior high school students with a challenging
university-level curriculum that:
(A) allows students to complete high school
graduation requirements[, including requirements adopted under
Section 28.025] for the foundation [advanced] high school program
and the distinguished level of achievement under the foundation
high school program and earn appropriate endorsements as provided
by Section 28.025, while attending for academic credit a public
institution of higher education;
(B) fosters students' knowledge of real-world
international issues and problems and teaches students to apply
critical thinking and problem-solving skills to those issues and
problems;
(C) includes the study of English, foreign
languages, social studies, anthropology, and sociology;
(D) is presented through an interdisciplinary
approach that introduces and develops issues, especially issues
related to international concerns, throughout the curriculum; and
(E) offers students learning opportunities
related to international issues through in-depth research and
field-based studies;
(2) to provide students with an awareness of
international career and professional development opportunities
through seminars, workshops, collaboration with postsecondary
students from other countries, summer academic international
studies internships in foreign countries, and similar methods; and
(3) to provide students with social development
activities that enrich the academic curriculum and student life,
including, as determined appropriate by the academy, University
Interscholastic League activities and other extracurricular
activities generally offered by public high schools.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 77. (a) Section 130.008, Education Code, is
amended by amending Subsection (d) and adding Subsection (f) to
read as follows:
(d) A [Except as provided by Subsection (d-1), a] public
junior college may enter into an agreement with a school district,
organization, or other person that operates a high school to offer a
course as provided by this section regardless of whether the high
school is located within the service area of the junior college
district.
(f) Except as provided by this section, a student may not
enroll in more than three courses under this section at a junior
college if the junior college does not have a service area that
includes the student's high school. A student enrolled at an early
college high school may enroll in a greater number of courses to the
extent approved by the commissioner of education.
(b) This section applies beginning with the 2013-2014
school year.
SECTION 78. (a) Effective September 1, 2013, the following
sections of the Education Code are repealed:
(1) Sections 29.190(b), (d), and (e);
(2) Sections 39.024(b), (c), (d), (e), (f), (g), and
(h);
(3) Section 39.0241(a-2);
(4) Section 39.0242;
(5) Sections 39.025(a-2) and (a-3); and
(6) Section 130.008(d-1).
(b) Effective September 1, 2014, the following provisions
of the Education Code are repealed:
(1) Section 28.002(q);
(2) Sections 28.0212(e) and (g);
(3) Sections 28.025(b-6), (b-8), and (g);
(4) Section 39.0822; and
(5) Sections 39.0823(b) and (c).
SECTION 79. (a) Except as provided by Subsection (b) of
this section, Section 39.025, Education Code, as amended by
Sections 35 and 36 of this Act, as related to reducing end-of-course
testing requirements, applies only to students who have entered or
will enter the ninth grade during the 2011-2012 school year or a
later school year.
(b) Students who have entered the ninth grade during or
after the 2011-2012 school year and before the 2013-2014 school
year may be administered only those end-of-course assessment
instruments that would have been administered to those students
under Section 39.025, Education Code, as amended by Section 35 of
this Act, and Section 39.025, Education Code, as amended by Section
35 of this Act, is continued in effect for purposes of satisfying
those end-of-course testing requirements.
(c) The commissioner of education may by rule adopt a
transition plan to implement the amendments made by this Act
relating to end-of-course testing requirements during the
2013-2014 and 2014-2015 school years.
SECTION 80. Not later than October 1, 2013, the
commissioner of education shall adopt rules to administer Section
39.025(a-1), Education Code, as amended by this Act.
SECTION 81. Section 39.027(a-2), Education Code, as added
by this Act, applies to a student regardless of the date on which
the student initially enrolled in a school in the United States.
SECTION 82. If, on September 1, 2013, a person is serving on
a committee or panel that advises the commissioner of education or
the Texas Education Agency who would not be eligible for
appointment under Section 39.038, Education Code, as added by this
Act, the person's position on the committee or panel becomes vacant
and shall be filled in accordance with applicable law.
SECTION 83. (a) The Texas Education Agency, in
collaboration with the Texas Higher Education Coordinating Board
and the Texas Workforce Commission, shall, through an external
evaluator at a center for education research authorized by Section
1.005, Education Code, evaluate the implementation of the changes
made by this Act to the curriculum requirements for high school
graduation. The evaluation must include an estimation of this
Act's effect on high school graduation rates, college readiness,
college admissions, college completion, obtainment of workforce
certificates, employment rates, and earnings.
(b) The commissioner of education shall submit an initial
report regarding the review to the governor, lieutenant governor,
and members of the legislature not later than December 1, 2015. The
commissioner of education shall submit a final report regarding
the review to the governor, lieutenant governor, and members of the
legislature not later than December 1, 2017.
SECTION 84. Except as otherwise provided by this Act:
(1) 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; and
(2) if this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 5 was passed by the House on March 27,
2013, by the following vote: Yeas 147, Nays 2, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 5 on May 10, 2013, and requested the appointment of a
conference committee to consider the differences between the two
houses; that the House adopted the conference committee report on
H.B. No. 5 on May 26, 2013, by the following vote: Yeas 147, Nays
0, 1 present, not voting; and that the House adopted H.C.R. No. 224
authorizing certain corrections in H.B. No. 5 on May 27, 2013, by
the following vote: Yeas 144, Nays 1, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 5 was passed by the Senate, with
amendments, on May 6, 2013, by the following vote: Yeas 31, Nays 0;
at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; that
the Senate adopted the conference committee report on H.B. No. 5 on
May 26, 2013, by the following vote: Yeas 31, Nays 0; and that the
Senate adopted H.C.R. No. 224 authorizing certain corrections in
H.B. No. 5 on May 27, 2013, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor