By: Patrick, et al. S.B. No. 1724
A BILL TO BE ENTITLED
AN ACT
relating to high school graduation requirements, including
end-of-course assessment instruments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.062(e), Education Code, is amended to
read as follows:
(e) The rules must:
(1) limit the amount of assistance provided through a
grant to not more than:
(A) for a construction project, $200 per square
foot of the science laboratory to be constructed; or
(B) for a renovation project, $100 per square
foot of the science laboratory to be renovated;
(2) require a school district to demonstrate, as a
condition of eligibility for a grant, that the existing district
science laboratories are insufficient in number to comply with the
curriculum requirements imposed for the 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.
SECTION 2. Sections 28.014(b), (c), and (f), Education
Code, are amended to read as follows:
(b) A student who successfully completes a course developed
under this section may use the credit earned in the course toward
satisfying the applicable mathematics or science curriculum
requirement for the foundation [recommended or advanced] high
school program under Section 28.025.
(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.
(f) To the extent applicable, the commissioner shall draw
from curricula and instructional materials developed under Section
[Sections] 28.008 [and 61.0763] in developing a course and related
instructional materials under this section. Not later than
September 1, 2010, the State Board of Education shall adopt
essential knowledge and skills for each course developed under this
section. The State Board of Education shall make each course
developed under this section and the related instructional
materials available to school districts not later than the
2014-2015 school year. [As required by Subsection (c), a school
district shall adopt a policy requiring a student's performance on
an end-of-course assessment instrument administered under that
subsection to account for 15 percent of the student's grade for a
course developed under this section not later than the 2014-2015
school year.] This subsection expires September 1, 2015.
SECTION 3. Section 28.025, Education Code, is amended by
amending Subsections (a), (b), (b-1), (b-4), (b-5), (b-7), (b-9),
(b-10), (b-11), and (e) and adding Subsections (b-12), (c-1),
(c-2), (c-3), (h), and (h-1) 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 otherwise 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 foundation high school [recommended]
program.
(b) A school district shall ensure that each student enrolls
in the courses necessary to complete the curriculum requirements
identified by the State Board of Education under Subsection (a) for
the foundation [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);
(2) three credits in mathematics under Section
28.002(a)(1)(B);
(3) three credits in science under Section
28.002(a)(1)(C), one of which may be satisfied by an academic
elective credit in science in addition to elective credits under
Subdivision (6);
(4) three credits in social studies under Section
28.002(a)(1)(D) [28.002(a)(1)], including at least one credit in
United States history, one-half credit in government, and [at
least] one-half credit in economics [to meet the social studies
requirement];
(5) except as provided by Subsection (b-12) [(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) or, at the option of the student, two credits in
computer programming [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) 8-1/2 [(C) for the recommended high school
program, six] elective credits, including at least two credits in
academic electives [and, for the advanced high school program, five
elective credits];
(7) one-half credit in speech;
(8) [(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
(9) [(B)] except as provided by Subsection (b-11), one
credit in physical education under Section 28.002(a)(2)(C).
(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 for each subject of the foundation curriculum under
Section 28.002(a)(1) and for languages other than English to earn
an endorsement under Subsection (c-1)(4)(B)(iv) [under Section
28.002(a)(2)(A)] by successfully completing appropriate courses in
the core curriculum of an institution of higher education under
Section 61.822.
(b-9) 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)(8) [(b-1)(3)(A)] by
participating in a fine arts program not provided by the school
district in which the student is enrolled. The fine arts program
may be provided on or off a school campus and outside the regular
school day. [Not later than December 1, 2010, the agency shall
provide to the legislature a report regarding the pilot program,
including the feasibility of expanding the pilot program
statewide.]
(b-10) A school district, with the approval of the
commissioner, may allow a student to comply with the curriculum
requirements for the physical education credit required under
Subsection (b-1)(9) [(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 or one academic elective credit for the
physical education credit required under Subsection (b-1)(9)
[(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 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 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.
(c-1) A student who successfully completes the curriculum
requirements for the foundation high school program under this
section may earn any of the following endorsements on the student's
diploma and transcript as follows:
(1) a business and industry endorsement by earning one
credit in career and technology education;
(2) an academic achievement in arts and humanities
endorsement by earning:
(A) one additional credit in social studies; and
(B) one additional credit in fine arts or one
credit in career and technology education;
(3) an academic achievement in science, technology,
engineering, and mathematics (STEM) endorsement by earning:
(A) one additional credit in mathematics;
(B) one additional credit in science; and
(C) one additional credit in fine arts or one
credit in career and technology education; and
(4) a distinguished achievement endorsement by:
(A) successfully completing English III and
Algebra II courses and performing at the distinguished level
standard of performance as determined by the commissioner under
Section 39.0241(a-3) on the end-of-course assessment instruments
under Section 39.023(c) for each of those courses; and
(B) earning:
(i) one additional credit in mathematics;
(ii) one additional credit in science;
(iii) one additional credit in social
studies; and
(iv) one additional credit in the same
language in a language other than English in which the student
earned two credits for purposes of Subsection (b-1)(5) or one
additional credit in computer programming if the student earned two
credits in computer programming for purposes of Subsection
(b-1)(5), as applicable.
(c-2) The State Board of Education shall designate the
specific courses required for an endorsement under Subsection (c-1)
for courses included in the foundation curriculum under Section
28.002(a)(1).
(c-3) A student's diploma must clearly indicate any
endorsement under Subsection (c-1) that a student has earned.
(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 and to clearly indicate an endorsement under
Subsection (c-1) that a student has earned.
(h) The commissioner by rule shall adopt a transition plan
to implement and administer the amendments made by __.B. No. __,
83rd Legislature, Regular Session, 2013, replacing the minimum,
recommended, and advanced high school programs with the foundation
high school program beginning with the 2013-2014 school year.
Under the transition plan, a student who entered the ninth grade
before the 2013-2014 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
makes the choice during the 2013-2014 school year to take courses
under that program;
(2) the minimum high school program, as that program
existed before the adoption of __.B. No. __, 83rd Legislature,
Regular Session, 2013, if the student was participating in that
program before the 2013-2014 school year;
(3) the recommended high school program, as that
program existed before the adoption of __.B. No. __, 83rd
Legislature, Regular Session, 2013, if the student was
participating in that program before the 2013-2014 school year; or
(4) the advanced high school program, as that program
existed before the adoption of __.B. No. __, 83rd Legislature,
Regular Session, 2013, if the student was participating in that
program before the 2013-2014 school year.
(h-1) This subsection and Subsection (h) expire September
1, 2017.
SECTION 4. Section 28.0253(e), Education Code, is amended
to read as follows:
(e) A student who receives a high school diploma through the
pilot program is considered to have completed 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.
SECTION 5. Section 28.027(b), Education Code, is amended to
read as follows:
(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].
SECTION 6. 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.
SECTION 7. 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.
SECTION 8. 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 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.
SECTION 9. Section 33.007(b), Education Code, is amended to
read as follows:
(b) During the first school year a student is enrolled in a
high school or at the high school level in an open-enrollment
charter school, and again during a student's senior year, a
counselor shall provide information about higher education to the
student and the student's parent or guardian. The information must
include information regarding:
(1) the importance of higher education;
(2) [the advantages of completing the recommended or
advanced high school program adopted under Section 28.025(a);
[(3)] the disadvantages of taking courses to prepare
for a high school equivalency examination relative to the benefits
of taking courses leading to a high school diploma;
(3) [(4)] financial aid eligibility;
(4) [(5)] instruction on how to apply for federal
financial aid;
(5) [(6)] the center for financial aid information
established under Section 61.0776;
(6) [(7)] the automatic admission of certain students
to general academic teaching institutions as provided by Section
51.803;
(7) [(8)] the eligibility and academic performance
requirements for the TEXAS Grant as provided by Subchapter M,
Chapter 56; and
(8) [(9)] the availability of programs in the district
under which a student may earn college credit, including advanced
placement programs, dual credit programs, joint high school and
college credit programs, and international baccalaureate programs.
SECTION 10. Section 39.023(c), Education Code, is amended
to read as follows:
(c) The agency shall also adopt end-of-course assessment
instruments for secondary-level courses in Algebra I, Algebra II,
[geometry,] biology, [chemistry, physics,] English I, English II,
English III, [world geography, world history,] and United States
history. The Algebra I and[,] Algebra II[, and geometry]
end-of-course assessment instruments must be administered with the
aid of technology. The English I, English II, and English III
end-of-course assessment instruments must each assess essential
knowledge and skills in both reading and writing in the same
assessment instrument. 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).
SECTION 11. Section 39.0241, Education Code, is amended by
amending Subsection (a-2) and adding Subsection (a-3) to read as
follows:
(a-2) For the purpose of establishing performance across
grade levels, the commissioner shall establish:
(1) the performance standards for the Algebra II and
English III end-of-course assessment instruments, as provided
under Section 39.024(b) and under Subsections [Subsection] (a) and
(a-3);
(2) the performance standards for the Algebra I and
English II end-of-course assessment instruments, as determined
based on studies under Section 39.0242 that correlate student
performance on the Algebra I and English II end-of-course
assessment instruments with student performance on the Algebra II
and English III assessment instruments;
(3) the performance standards for the English I
end-of-course assessment instrument, as determined based on
studies under Section 39.0242 that correlate student performance on
the English I end-of-course assessment instrument with student
performance on the English II assessment instrument;
(4) the performance standards for the grade eight
assessment instruments, as determined based on studies under
Section 39.0242 that correlate student performance on the grade
eight assessment instruments with student performance on the
Algebra I and English I end-of-course assessment instruments in the
same content area; and
(5) the performance standards on the assessment
instruments in each of grades three through seven, as determined
based on studies under Section 39.0242 that correlate student
performance in the same content area on the assessment instrument
for each grade with student performance on the assessment
instrument in the succeeding grade.
(a-3) The commissioner shall determine the level of
performance considered to be distinguished performance on the
assessment instruments. The distinguished level of performance
must be a level of performance that is higher than satisfactory
performance as determined under Subsection (a).
SECTION 12. Section 39.0242(e), Education Code, is amended
to read as follows:
(e) Based on the data collected and studies performed
periodically under Subsection (d), the commissioner shall increase
the rigor of the performance standard established under Section
39.0241(a) or (a-3) as the commissioner determines necessary.
SECTION 13. Section 39.025, Education Code, is amended by
amending Subsections (a), (a-1), (a-2), (a-3), (b), (b-2), and (e)
and adding Subsections (a-4), (a-5), and (a-6) 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 the English
I [each] end-of-course assessment instrument adopted under [listed
in] Section 39.023(c) and each other [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 required for
graduation under Subsection (a-2), (a-3), (a-4), (a-5), or (a-6),
as applicable to the student [administered]. [A student is
required to achieve, in each subject in the foundation curriculum
under Section 28.002(a)(1), a cumulative score that is at least
equal to the product of the number of end-of-course assessment
instruments administered to the student in that subject and a scale
score that indicates satisfactory performance, as determined by the
commissioner under Section 39.0241(a). A student must achieve a
minimum score as determined by the commissioner to be within a
reasonable range of the scale score under Section 39.0241(a) on an
end-of-course assessment instrument for the score to count towards
the student's cumulative score. For purposes of this subsection, a
student's cumulative score is determined using the student's
highest score on each end-of-course assessment instrument
administered to the student. A student may not receive a high
school diploma until the student has performed satisfactorily on
the end-of-course assessment instruments in the manner provided
under this subsection. This subsection does not require a student
to demonstrate readiness to enroll in an institution of higher
education.]
(a-1) The commissioner by rule shall determine a method by
which a student's satisfactory performance on an advanced placement
test, international baccalaureate examination, an SAT Subject
Test, or another assessment instrument determined by the
commissioner to be at least as rigorous as an end-of-course
assessment instrument adopted under Section 39.023(c) may be used
as a factor in determining whether the student satisfies the
requirements of Subsection (a-2), (a-3), (a-4), (a-5), or (a-6), as
applicable to the student [(a), including the cumulative score
requirement of that subsection]. The commissioner by rule may
determine a method by which a student's satisfactory performance on
a Preliminary Scholastic Assessment Test (PSAT) [assessment] or a
preliminary American College Test (ACT) [assessment] may be used as
a factor in determining whether the student satisfies the
requirements of Subsection (a-2), (a-3), (a-4), (a-5), or (a-6), as
applicable to the student [(a)].
(a-2) To graduate under the foundation high school
program [In addition to the cumulative score requirements under
Subsection (a)], a student must achieve a scale score that
indicates satisfactory performance, as [meets or exceeds the score]
determined by the commissioner under Section 39.0241(a), on
end-of-course assessment instruments for:
(1) English II;
(2) Algebra I;
(3) biology; [English III] and
(4) United States history [Algebra II end-of-course
assessment instruments to graduate under the recommended high
school program].
(a-3) To graduate under the foundation high school program
with a business and industry endorsement [In addition to the
cumulative score requirements under Subsection (a)], a student must
achieve a scale score that indicates satisfactory performance, as
[meets or exceeds the score] determined by the commissioner under
Section 39.0241(a), on end-of-course assessment instruments for:
(1) [39.0241(a-1) on] English III;
(2) Algebra I;
(3) biology; and
(4) United States history [and Algebra II
end-of-course assessment instruments in order to graduate under the
advanced high school program].
(a-4) To graduate under the foundation high school program
with an academic achievement in arts and humanities endorsement, a
student must achieve a scale score that indicates satisfactory
performance, as determined by the commissioner under Section
39.0241(a), on end-of-course assessment instruments for:
(1) English III;
(2) Algebra I;
(3) Algebra II;
(4) biology; and
(5) United States history.
(a-5) To graduate under the foundation high school program
with an academic achievement in science, technology, engineering,
and mathematics (STEM) endorsement, a student must achieve a scale
score that indicates satisfactory performance, as determined by the
commissioner under Section 39.0241(a), on end-of-course assessment
instruments for:
(1) English III;
(2) Algebra I;
(3) Algebra II;
(4) biology; and
(5) United States history.
(a-6) To graduate under the foundation high school program
with a distinguished achievement endorsement, a student must
achieve a scale score that indicates distinguished performance, as
determined by the commissioner under Section 39.0241(a-3), on the
English III and Algebra II end-of-course assessment instruments.
(b) Each time an end-of-course assessment instrument is
administered, a student who failed to achieve the [a minimum] score
requirement under this section may [Subsection (a) 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), or fails to perform
at the distinguished level, as provided under Section 39.0241(a-3),
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 this section [requirements] for one or more
end-of-course assessment instruments as necessary [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 under this section [requirements prescribed by
Subsection (a)].
(e) The commissioner shall establish a required performance
level for an assessment instrument adopted under Subsection (d)
that is at least as rigorous as the performance level required to be
met under Subsection (a-2), (a-3), (a-4), (a-5), or (a-6), as
applicable to the student [(a)].
SECTION 14. Sections 39.053(c), (f), and (i), Education
Code, are amended 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; and
(C) for the performance standard determined by
the commissioner under Section 39.0241(a-3):
(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.).
(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.
(i) The commissioner by rule shall adopt accountability
measures to be used in assessing the progress of students who have
failed to perform satisfactorily as determined by the commissioner
under any performance standard under Section 39.0241 [39.0241(a) or
under the college readiness standard as determined under Section
39.0241] in the preceding school year on an assessment instrument
required under Section 39.023(a), (c), or (l).
SECTION 15. 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; or
(12) [(13)] as the commissioner otherwise determines
necessary.
SECTION 16. 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 under Section 28.025(c-1) for
endorsements under that section [by State Board of Education rule
for the minimum high school program, the recommended high school
program, and 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.
SECTION 17. Section 39.303(b), Education Code, is amended
to read as follows:
(b) For a student who failed to perform satisfactorily as
determined under any [either] performance standard under Section
39.0241 on an assessment instrument administered under Section
39.023(a), (c), or (l), the school district shall include in the
notice specific information relating to access to educational
resources at the appropriate assessment instrument content level,
including assessment instrument questions and answers released
under Section 39.023(e).
SECTION 18. Section 51.3062(q-1), Education Code, is
amended to read as follows:
(q-1) A student who has completed the foundation [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 39.024 on the Algebra II
and English III end-of-course assessment instruments is exempt from
the requirements of this section with respect to those content
areas. The commissioner of higher education by rule shall
establish the period for which an exemption under this subsection
is valid.
SECTION 19. Sections 51.803(a) and (d), Education Code, are
amended to read as follows:
(a) Subject to Subsection (a-1), each general academic
teaching institution shall admit an applicant for admission to the
institution as an undergraduate student if the applicant graduated
with a grade point average in the top 10 percent of the student's
high school graduating class in one of the two school years
preceding the academic year for which the applicant is applying for
admission and:
(1) the applicant graduated from a public or private
high school in this state accredited by a generally recognized
accrediting organization or from a high school operated by the
United States Department of Defense;
(2) the applicant:
(A) successfully completed:
(i) at a public high school, the curriculum
requirements established under Section 28.025 for 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 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.
(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 recommended or
advanced curriculum or of the curriculum equivalent in content and
rigor, as applicable, that was available to the student].
SECTION 20. Section 51.804, Education Code, is amended to
read as follows:
Sec. 51.804. ADDITIONAL AUTOMATIC ADMISSIONS: SELECTED
INSTITUTIONS. For each academic year, the governing board of each
general academic teaching institution shall determine whether to
adopt an admissions policy under which an applicant to the
institution as a first-time freshman student, other than an
applicant eligible for admission under Section 51.803, shall be
admitted to the institution if the applicant:
(1) graduated from a public or private high school in
this state accredited by a generally recognized accrediting
organization with a grade point average in the top 25 percent of the
applicant's high school graduating class; and
(2) satisfies the requirements of:
(A) Section 51.803(a)(2)(A) or (B) [51.803(b),
as applicable to the student, or Section 51.803 (a)(2)(B)]; and
(B) Sections 51.803(c)(2) and 51.803(d).
SECTION 21. Section 51.805(a), Education Code, is amended
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 satisfies the requirements of:
(1) Section 51.803(a)(2)(A) or (B) [51.803(b), as
applicable to the student, or Section 51.803(a)(2)(B)]; and
(2) Sections 51.803(c)(2) and 51.803(d).
SECTION 22. 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.
SECTION 23. 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, M, 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 __.B. No. _____, 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.
SECTION 24. Section 56.3041, Education Code, is amended to
read as follows:
Sec. 56.3041. INITIAL ELIGIBILITY OF PERSON GRADUATING FROM
HIGH SCHOOL ON OR AFTER MAY 1, 2013, AND ENROLLING IN A GENERAL
ACADEMIC TEACHING INSTITUTION. Notwithstanding Section 56.304(a),
to be eligible initially for a TEXAS grant, a person graduating from
high school on or after May 1, 2013, and enrolling in a general
academic teaching institution must:
(1) be a resident of this state as determined by
coordinating board rules;
(2) meet the academic requirements prescribed by
Paragraph (A), (B), or (C) as follows:
(A) be a graduate of a public or accredited
private high school in this state who completed 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 designated by the
coordinating board by rule in consultation with the State Board of
Education, [permitted by Section 28.025(b-3),] or at least one
advanced career and technical course, as designated by the
coordinating board by rule in consultation with the State Board of
Education [permitted by Section 28.025(b-2)];
(B) have received an associate degree from a
public or private institution of higher education; or
(C) if sufficient money is available, meet the
eligibility criteria described by Section 56.304(a)(2)(A);
(3) meet financial need requirements established by
the coordinating board;
(4) be enrolled in an undergraduate degree or
certificate program at the general academic teaching institution;
(5) except as provided under rules adopted under
Section 56.304(h), be enrolled as:
(A) an entering undergraduate student for at
least three-fourths of a full course load, as determined by the
coordinating board, not later than the 16th month after the
calendar month in which the person graduated from high school;
(B) an entering undergraduate student who
entered military service not later than the first anniversary of
the date the person graduated from high school and who enrolled for
at least three-fourths of a full course load, as determined by the
coordinating board, at the general academic teaching institution
not later than 12 months after being honorably discharged from
military service; or
(C) a continuing undergraduate student for at
least three-fourths of a full course load, as determined by the
coordinating board, not later than the 12th month after the
calendar month in which the person received an associate degree
from a public or private institution of higher education;
(6) have applied for any available financial aid or
assistance; and
(7) comply with any additional nonacademic
requirements adopted by the coordinating board under this
subchapter.
SECTION 25. 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
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)].
SECTION 26. 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.
SECTION 27. 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.
SECTION 28. 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.
SECTION 29. 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.
SECTION 30. 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.
SECTION 31. 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,
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 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.
SECTION 32. 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,
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.
SECTION 33. The following sections of the Education Code
are repealed:
(1) Section 28.002(q);
(2) Sections 28.025(b-2),(b-3),(b-6),(b-8), and (g);
and
(3) Section 51.803(b).
SECTION 34. Section 39.025, Education Code, as amended by
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.
SECTION 35. The Texas Higher Education Coordinating Board
shall adopt rules in accordance with Section 56.3041(2)(A)(iv),
Education Code, as amended by this Act, as soon as practicable after
the effective date of this Act. For that purpose, the board may
adopt the initial rules in the manner provided by law for adoption
of emergency rules.
SECTION 36. This Act applies beginning with the 2013-2014
school year.
SECTION 37. 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.