S.B. No. 1365 AN ACT relating to the provision of credit by examination for public school students. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 25.092, Education Code, is amended by adding Subsection (a-2) to read as follows: (a-2) Subsection (a) does not apply to a student who receives credit by examination for a class as provided by Section 28.023. SECTION 2. Section 28.023, Education Code, is amended to read as follows: Sec. 28.023. CREDIT BY EXAMINATION. (a) Using guidelines established by the State Board of Education, a school district shall develop or select for [board] review by the district board of trustees examinations for acceleration for each primary school grade level and for credit for secondary school academic subjects. The guidelines must provide for the examinations to thoroughly test comprehension of the information presented in the applicable grade level or subject. The board of trustees shall approve for each subject, to the extent available, at least four examinations that satisfy State Board of Education [board] guidelines. The examinations approved by the board of trustees must include: (1) advanced placement examinations developed by the College Board; and (2) examinations administered through the College-Level Examination Program. (b) A school district shall give a student in a primary grade level credit for a grade level and advance the student one grade level on the basis of an [a board-approved] examination for acceleration approved by the board of trustees under Subsection (a) if: (1) the student scores in the 80th [90th] percentile or above on each section of the examination; (2) a district representative recommends that the student be advanced; and (3) the student's parent or guardian gives written approval of the advancement. (c) A school district shall give a student in grade level six or above credit for a subject on the basis of an [a board-approved] examination for credit in the subject approved by the board of trustees under Subsection (a) if the student scores in the 80th [90th] percentile or above on the examination or if the student achieves a score as provided by Subsection (c-1). If a student is given credit in a subject on the basis of an examination, the district shall enter the examination score on the student's transcript and the student is not required to take an end-of-course assessment instrument adopted under Section 39.023(c) for that subject. (c-1) A school district shall give a student in grade level six or above credit for a subject if the student scores: (1) a three or higher on an advanced placement examination approved by the board of trustees under Subsection (a) and developed by the College Board; or (2) a scaled score of 60 or higher on an examination approved by the board of trustees under Subsection (a) and administered through the College-Level Examination Program. (d) Each district shall administer each examination approved by the board of trustees under Subsection (a) not fewer [less] than four times each [once a] year, at times to be determined by the State Board of Education. (e) Subsection (d) does not apply to an examination that has an administration date that is established by an entity other than the school district. (f) A student may not attempt more than two times to receive credit for a particular subject on the basis of an examination for credit in that subject. (g) If a student fails to achieve the designated score described by Subsection (c) or (c-1) on an applicable examination described by Subsection (c) or (c-1) for a subject before the beginning of the school year in which the student would ordinarily be required to enroll in a course in that subject in accordance with the school district's prescribed course sequence, the student must satisfactorily complete the course to receive credit for the course. SECTION 3. This Act applies beginning with the 2013-2014 school year. SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013. ______________________________ ______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 1365 passed the Senate on April 15, 2013, by the following vote: Yeas 31, Nays 0; and that the Senate concurred in House amendments on May 23, 2013, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate I hereby certify that S.B. No. 1365 passed the House, with amendments, on May 17, 2013, by the following vote: Yeas 138, Nays 2, four present not voting. ______________________________ Chief Clerk of the House Approved: ______________________________ Date ______________________________ Governor