Bill Text: TX HB3504 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to transferring primary authority for the adoption of the public school curriculum and textbooks from the State Board of Education to the commissioner of education.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2011-03-22 - Referred to Public Education [HB3504 Detail]

Download: Texas-2011-HB3504-Introduced.html

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82R9694 VOO-F
By: Villarreal H.B. No. 3504

A BILL TO BE ENTITLED
AN ACT
relating to transferring primary authority for the adoption of the
public school curriculum and textbooks from the State Board of
Education to the commissioner of education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.4511(b), Education Code, is amended
to read as follows:
(b) The training under this section shall include training
relating to implementing curriculum and instruction that is aligned
with the foundation curriculum described by Section 28.002(a)(1)
and standards and expectations for college readiness, as determined
by commissioner [State Board of Education] rule under Section
28.008(d).
SECTION 2. Section 28.001, Education Code, is amended to
read as follows:
Sec. 28.001. PURPOSE. It is the intent of the legislature
that the essential knowledge and skills, as developed by a
curriculum and textbook review team under Section 28.0024 and
proposed for adoption by the commissioner to the State Board of
Education under this subchapter, shall require all students to
demonstrate the knowledge and skills necessary to read, write,
compute, problem solve, think critically, apply technology, and
communicate across all subject areas. The essential knowledge and
skills shall also prepare and enable all students to continue to
learn in postsecondary educational, training, or employment
settings.
SECTION 3. Subchapter A, Chapter 28, Education Code, is
amended by adding Section 28.0011 to read as follows:
Sec. 28.0011. APPROVAL OF COMMISSIONER RULES. The
commissioner must submit a written copy of each rule the
commissioner proposes to adopt under this chapter to the State
Board of Education for review. The State Board of Education may
reject a proposed rule by a vote of at least two-thirds of the
members of the board present and voting. If the State Board of
Education fails to reject a proposed rule before the 90th day after
the date on which it receives the proposed rule, the proposed rule
takes effect as a rule of the commissioner as provided by Chapter
2001, Government Code. The State Board of Education may not modify a
rule proposed by the commissioner under this chapter.
SECTION 4. Sections 28.002(b), (c), (f), (g), (h), (i),
(j), (k), (l-1), (l-3), (n), (p), and (r), Education Code, are
amended to read as follows:
(b) The commissioner [State Board of Education by rule]
shall propose rules to designate subjects constituting a
well-balanced curriculum to be offered by a school district that
does not offer kindergarten through grade 12.
(c) The commissioner [State Board of Education], with
public participation, including the direct participation of
educators, parents, subject matter experts [business and industry
representatives], and employers, in accordance with Sections
28.0024 and 28.0025, shall propose rules to [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 textbooks under Chapter 31 and addressed
on the assessment instruments required under Subchapter B, Chapter
39. As a condition of accreditation, the commissioner [board]
shall require each district to provide instruction in the essential
knowledge and skills at appropriate grade levels.
(f) A school district may offer courses for local credit in
addition to those in the required curriculum. The commissioner
[State Board of Education] shall be flexible in approving a course
for credit for high school graduation under this subsection.
(g) A local instructional plan may draw on state curriculum
frameworks and program standards as appropriate. Each district is
encouraged to exceed minimum requirements of law and commissioner
[State Board of Education] rule. Each district shall ensure that
all children in the district participate actively in a balanced
curriculum designed to meet individual needs.
(h) The commissioner, the State Board of Education, and each
school district shall foster the continuation of the tradition of
teaching United States and Texas history and the free enterprise
system in regular subject matter and in reading courses and in the
adoption of textbooks. A primary purpose of the public school
curriculum is to prepare thoughtful, active citizens who understand
the importance of patriotism and can function productively in a
free enterprise society with appreciation for the basic democratic
values of our state and national heritage.
(i) The commissioner [State Board of Education] shall
propose [adopt] rules for the implementation of this subchapter.
Except as provided by Subsection (j), the commissioner [board] may
not propose [adopt] rules that designate the methodology used by a
teacher or the time spent by a teacher or a student on a particular
task or subject.
(j) The commissioner [State Board of Education by rule] may
propose rules to require laboratory instruction in secondary
science courses and may require a specific amount or percentage of
time in a secondary science course that must be laboratory
instruction.
(k) The commissioner [State Board of Education], in
consultation with the Department of State Health Services and the
Texas Diabetes Council, shall develop a diabetes education program
that a school district may use in the health curriculum under
Subsection (a)(2)(B).
(l-1) In [adopting] rules relating to an activity described
by Subsection (l)(2), the commissioner may permit an exemption for
a student who participates in a school-related activity or an
activity sponsored by a private league or club only if the student
provides proof of participation in the activity.
(l-3)(1) This subsection may be cited as "Lauren's Law."
(2) The commissioner [State Board of Education], the
Department of State Health Services, or a school district may not
propose adoption of or adopt any rule, policy, or program under
Subsection [Subsections] (a), (k), (l), (l-1), or (l-2) that would
prohibit a parent or grandparent of a student from providing any
food product of the parent's or grandparent's choice to:
(A) children in the classroom of the child of the
parent or grandparent on the occasion of the child's birthday; or
(B) children at a school-designated function.
(n) The commissioner [State Board of Education] may propose
rules to [by rule] develop and implement a plan designed to
incorporate foundation curriculum requirements into the career and
technology education curriculum under Subsection (a)(2)(F).
(p) The commissioner [State Board of Education], in
conjunction with the office of the attorney general, shall develop
a parenting and paternity awareness program that a school district
shall use in the district's high school health curriculum. A
school district may use the program developed under this subsection
in the district's middle or junior high school curriculum. At the
discretion of the district, a teacher may modify the suggested
sequence and pace of the program at any grade level. The program
must:
(1) address parenting skills and responsibilities,
including child support and other legal rights and responsibilities
that come with parenthood;
(2) address relationship skills, including money
management, communication skills, and marriage preparation; and
(3) in district middle, junior high, or high schools
that do not have a family violence prevention program, address
skills relating to the prevention of family violence.
(r) In identifying [adopting] the essential knowledge and
skills for the health curriculum under Subsection (a)(2)(B), the
commissioner, in accordance with Sections 28.0024 and 28.0025,
[State Board of Education] shall propose adoption of [adopt]
essential knowledge and skills that address the dangers, causes,
consequences, signs, symptoms, and treatment of binge drinking and
alcohol poisoning. The agency shall compile a list of
evidence-based alcohol awareness programs from which a school
district shall choose a program to use in the district's middle
school, junior high school, and high school health curriculum. In
this subsection, "evidence-based alcohol awareness program" means
a program, practice, or strategy that has been proven to
effectively prevent or delay alcohol use among students, as
determined by evaluations that use valid and reliable measures and
that are published in peer-reviewed journals.
SECTION 5. Section 28.002(d), Education Code, as added by
Chapter 773 (S.B. 891), Acts of the 81st Legislature, Regular
Session, 2009, is amended to read as follows:
(d) The physical education curriculum required under
Subsection (a)(2)(C) must be sequential, developmentally
appropriate, and designed, implemented, and evaluated to enable
students to develop the motor, self-management, and other skills,
knowledge, attitudes, and confidence necessary to participate in
physical activity throughout life. Each school district shall
establish specific objectives and goals the district intends to
accomplish through the physical education curriculum. In
identifying the essential knowledge and skills of physical
education, the commissioner [State Board of Education] shall ensure
that the curriculum:
(1) emphasizes the knowledge and skills capable of
being used during a lifetime of regular physical activity;
(2) is consistent with national physical education
standards for:
(A) the information that students should learn
about physical activity; and
(B) the physical activities that students should
be able to perform;
(3) requires that, on a weekly basis, at least 50
percent of the physical education class be used for actual student
physical activity and that the activity be, to the extent
practicable, at a moderate or vigorous level;
(4) offers students an opportunity to choose among
many types of physical activity in which to participate;
(5) offers students both cooperative and competitive
games;
(6) meets the needs of students of all physical
ability levels, including students who have a disability, chronic
health problem, or other special need that precludes the student
from participating in regular physical education instruction but
who might be able to participate in physical education that is
suitably adapted and, if applicable, included in the student's
individualized education program;
(7) takes into account the effect that gender and
cultural differences might have on the degree of student interest
in physical activity or on the types of physical activity in which a
student is interested;
(8) teaches self-management and movement skills;
(9) teaches cooperation, fair play, and responsible
participation in physical activity;
(10) promotes student participation in physical
activity outside of school; and
(11) allows physical education classes to be an
enjoyable experience for students.
SECTION 6. Section 28.002(d), Education Code, as added by
Chapter 895 (H.B. 3), Acts of the 81st Legislature, Regular
Session, 2009, is redesignated as Section 28.002(c-2), Education
Code, and amended to read as follows:
(c-2) [(d)] Each time the Texas Higher Education
Coordinating Board revises the Internet database of the
coordinating board's official statewide inventory of workforce
education courses, the commissioner shall propose rules to [State
Board of Education shall by rule] revise the essential knowledge
and skills of any corresponding career and technology education
curriculum as provided by Subsection (c).
SECTION 7. Sections 28.0023(b) and (c), Education Code, are
amended to read as follows:
(b) The commissioner, in accordance with Sections 28.0024
and 28.0025, [State Board of Education by rule] shall propose rules
to include elements relating to instruction in cardiopulmonary
resuscitation and the use of an automated external defibrillator as
part of the essential knowledge and skills of the health curriculum
under Section 28.002(a)(2)(B).
(c) This subsection applies only to a private school that
receives an automated external defibrillator from the agency or
receives funding from the agency to purchase or lease an automated
external defibrillator. A private school shall provide
instruction to students in cardiopulmonary resuscitation and the
use of an automated external defibrillator in a manner consistent
with the requirements of this section and commissioner [State Board
of Education] rules [adopted] under this section.
SECTION 8. Subchapter A, Chapter 28, Education Code, is
amended by adding Sections 28.0024 and 28.0025 to read as follows:
Sec. 28.0024. CURRICULUM AND TEXTBOOK REVIEW TEAM.
(a) For each subject undergoing a review for the purpose of
identifying the essential knowledge and skills of a subject of the
required curriculum under Section 28.002 or for the adoption of
textbooks under Subchapter B, Chapter 31, the commissioner shall
appoint a curriculum and textbook review team.
(b) The commissioner shall make appointments to a
curriculum and textbook review team from among educators
representing each regional education service center region,
parents of public school students, and employers. Each educator
appointed to a team must have at least five years of classroom
teaching experience and a bachelor's degree or a more advanced
degree in the subject under review.
(c) Each regional education service center region must be
represented by at least two educator members on a curriculum and
textbook review team.
(d) For each curriculum and textbook review team, the
superintendent of each school district may nominate not more than
three educators qualified under Subsection (b) to be considered for
placement on the team. Each nomination must be submitted together
with a document of not more than one page detailing the educator's
experience, including specific experience with the subject under
review by the team. A nomination made under this subsection must
be submitted to the regional education service center that
represents the district from which the educator is nominated.
(e) For each curriculum and textbook review team, a
statewide organization representing public school employees may
nominate not more than three educators qualified under Subsection
(b) to be considered for placement on the team. Each nomination
must be submitted together with a document of not more than one page
detailing the educator's experience, including specific experience
with the subject area under review by the team. A nomination made
under this subsection must be submitted to the regional education
service center that represents the region in which the educator
resides.
(f) The agency shall develop and post on the agency's
Internet website a blind scoring system for ranking nominations
made under Subsections (d) and (e) by level of expertise in the
subject under review by the curriculum and textbook team. Using the
posted ranking system, each regional education service center shall
rank the nominations made under Subsections (d) and (e) and submit
to the commissioner the 10 highest-ranked nominations based on
that ranking system.
(g) The commissioner, based on the system developed under
Subsection (f), shall make the educator appointments to each
curriculum and textbook review team from among nominations
submitted by each regional education service center under this
section and shall select at least two members from each service
center region.
(h) In selecting educator appointees for a curriculum and
textbook review team, the commissioner shall attempt to achieve a
balanced combination of educational perspectives in order to
promote better alignment between curriculum and assessment and
among all aspects of the public educational system. The
commissioner shall attempt to include educators from:
(1) all grade levels, including educators working in
gifted and talented, special education, and advanced placement and
International Baccalaureate programs and programs for students of
limited English proficiency;
(2) urban and rural school districts; and
(3) high-, middle-, and low-wealth level districts.
(i) Each curriculum and textbook review team shall, on the
same review cycle as that established for review of the essential
knowledge and skills or textbooks, as applicable, conduct reviews
and make recommendations to the commissioner as to the
identification of essential knowledge and skills or the adoption of
textbooks for the subject under review. In making recommendations
under this subsection, the curriculum and textbook review team
shall consider the recommendations of the appropriate higher
education curriculum review team appointed under Section 28.0025.
(j) The commissioner shall make decisions concerning the
identification of essential knowledge and skills and adoption of
textbooks, to the greatest extent practicable, on recommendations
from the curriculum and textbook review team appointed for the
subject under review. If the commissioner proposes for review
identification of essential knowledge and skills or adoption of
textbooks that differ from the recommendations of the team, the
commissioner shall provide the team with a side-by-side comparison
of the team's recommendations and the commissioner's proposals. The
side-by-side comparison must include a statement justifying the
commissioner's decision for each deviation by the commissioner
from the recommendation of the team. After allowing the team
adequate time to comment and before submitting the proposal to the
State Board of Education for review, the commissioner shall make
the side-by-side comparison and any comments made by the team
available to the public. The commissioner shall then submit to the
State Board of Education for review the commissioner's proposed
rules identifying the essential knowledge and skills for the
subject under review as provided by Section 28.0011 or the
commissioner's proposed textbooks for adoption as provided under
Section 31.003(b).
(k) The same members appointed to a curriculum and textbook
review team to review essential knowledge and skills for a subject
may, as determined by the commissioner, also be appointed to review
textbooks for adoption for that subject.
Sec. 28.0025. HIGHER EDUCATION CURRICULUM REVIEW TEAMS.
(a) For each subject undergoing a review for the purpose of
identification of the essential knowledge and skills of a subject
of the required curriculum under Section 28.002, the commissioner
of higher education shall appoint a higher education curriculum
review team.
(b) Each higher education curriculum review team shall
consist of not fewer than 5 and not more than 10 faculty members of
institutions of higher education and private or independent
institutions of higher education, as those terms are defined by
Section 61.003. Each member appointed to a team must have:
(1) at least five years of higher education teaching
experience in the subject under review and a terminal degree in that
subject; or
(2) at least five years of higher education teaching
experience in the field of education and a doctoral degree in
education.
(c) For each higher education curriculum review team, a
public institution of higher education may nominate one faculty
member qualified under Subsection (b) to be considered for
placement on the team. A nomination made under this subsection must
be submitted to the commissioner of higher education together with
a document of not more than one page detailing the faculty member's
experience, including specific experience with the subject under
review by the team.
(d) The Texas Higher Education Coordinating Board shall
develop and post on the board's Internet website a blind scoring
system for ranking nominations made under Subsection (c) by level
of expertise in the subject under review by the higher education
curriculum review team.
(e) The commissioner of higher education, based on the
system developed under Subsection (d), shall make the appointments
to each higher education curriculum review team from among persons
nominated by institutions of higher education under this section.
(f) Notwithstanding Subsections (c) and (e), if the subject
under review by the higher education curriculum review team is
career and technical education:
(1) at least one member of the team must be selected
from the Texas State Technical College System; and
(2) at least one member of the team must be selected
from Lamar Institute of Technology.
(g) In selecting appointees for a higher education
curriculum review team, the commissioner of higher education shall
attempt to achieve a balanced combination of educational
perspectives.
(h) Each higher education curriculum review team shall, on
the same review cycle as that established for review of the
essential knowledge and skills, conduct reviews and make
recommendations to the commissioner of education and the
appropriate curriculum and textbook review team established under
Section 28.0024 concerning the essential knowledge and skills for
the subject under review.
SECTION 9. Sections 28.0051(b) and (c), Education Code, are
amended to read as follows:
(b) The commissioner shall propose rules to establish [by
rule shall adopt]:
(1) minimum requirements for a dual language immersion
program implemented by a school district;
(2) standards for evaluating:
(A) the success of a dual language immersion
program; and
(B) the performance of schools that implement a
dual language immersion program; and
(3) standards for recognizing:
(A) schools that offer an exceptional dual
language immersion program; and
(B) students who successfully complete a dual
language immersion program.
(c) A school district may implement a dual language
immersion program in a manner and at elementary grade levels
consistent with [rules adopted by the] commissioner rules under
this section.
SECTION 10. Sections 28.008(d), (d-1), (e), and (f),
Education Code, are amended to read as follows:
(d) The commissioner [State Board of Education] shall
incorporate college readiness standards and expectations approved
by the commissioner of education and the Texas Higher Education
Coordinating Board under Subsection (b) into the essential
knowledge and skills identified by the commissioner [board] under
Section 28.002(c).
(d-1) Beginning with the 2008-2009 school year, the
commissioner [State Board of Education] shall incorporate college
readiness standards and expectations into the essential knowledge
and skills of the foundation curriculum under Section 28.002(a)(1)
for courses in which students in grades nine through 12 generally
enroll, as determined by commissioner [board] rule. This
subsection expires December 1, 2012.
(e) Notwithstanding any other provision of this section,
the commissioner [State Board of Education] retains the [its]
authority under Section 28.002 concerning the required curriculum.
(f) Not later than September 1, 2011, the vertical teams
shall complete the development of or establish minimum standards
for the curricula and related materials under Subsection
(b)(5). The vertical teams shall develop or establish minimum
standards for the English language arts curricula and materials
first, followed by mathematics, science, and social studies,
respectively. [The vertical teams shall complete the development
of or establish minimum standards for the English language arts
curricula and materials for approval by the State Board of
Education not later than June 1, 2009. The English language arts
curricula and online materials must be made available to high
school students beginning with the 2009 fall semester, with the
mathematics, science, and social studies curricula and online
materials respectively becoming available each subsequent fall
semester.] This subsection expires December 1, 2012.
SECTION 11. Section 28.009(d)(2), Education Code, is
amended to read as follows:
(2) "Sequence of courses" means career and technical
education courses approved by the commissioner [State Board of
Education], innovative courses approved by the commissioner [State
Board of Education] that are provided for local credit, or a
tech-prep program of study under Section 61.852.
SECTION 12. Section 28.011(e), Education Code, is amended
to read as follows:
(e) Before proposing [adopting] rules identifying the
essential knowledge and skills of a course offered under this
section, the commissioner [State Board of Education] shall submit
the proposed essential knowledge and skills to the attorney
general. The attorney general shall review the proposed essential
knowledge and skills to ensure that the course complies with the
First Amendment to the United States Constitution, and the
commissioner [board] may not propose [adopt] rules identifying the
essential knowledge and skills of a course offered under this
section without the attorney general's approval under this
subsection.
SECTION 13. Sections 28.013(a) and (b), Education Code, are
amended to read as follows:
(a) The commissioner [State Board of Education] shall
assist in developing a nature science curriculum, in accordance
with this section, the following entities, acting jointly:
(1) the Outdoor School at Texas Tech University Center
at Junction;
(2) the Texas Science, Technology, Engineering, and
Math (T-STEM) Center of Texas Tech University; and
(3) South Llano River State Park.
(b) The nature science curriculum must:
(1) be designed for instruction of students in grades
six through 12;
(2) provide for grade-level appropriate instruction
in essential knowledge and skills identified by the commissioner
[State Board of Education] under Section 28.002 for:
(A) science; and
(B) mathematics, social studies, and language
arts, to the extent practicable and relevant to nature science
studies;
(3) through participation in outdoor experiential
learning projects in state parks, provide for the scientific study
by students of:
(A) conservation, wildlife or aquatic biology,
range ecology, or other areas of nature science; and
(B) problems affecting nature, such as threats to
the watershed, and possible solutions to those problems; and
(4) be designed to:
(A) be capable of implementation in any state
park;
(B) use state park resources in providing
instruction; and
(C) be presented by classroom teachers and state
park employees.
SECTION 14. Sections 28.014(a), (c), (e), and (f),
Education Code, are amended to read as follows:
(a) The [commissioner of education and the] commissioner of
higher education shall assist the commissioner of education in the
development of the essential knowledge and skills to be adopted
[develop and recommend to the State Board of Education for
adoption] under Section 28.002 for [the essential knowledge and
skills of] courses in college preparatory mathematics, science,
social studies, and English language arts. The courses must be
designed:
(1) for students at the 12th grade level who do not
meet college readiness standards on an end-of-course assessment
instrument required under Section 39.023(c); and
(2) to prepare students for success in entry-level
college courses.
(c) The agency, in consultation with the Texas Higher
Education Coordinating Board, shall adopt an end-of-course
assessment instrument for each course developed under this section
to ensure the rigor of the course. A school district shall, in
accordance with commissioner [State Board of Education] rules,
administer the end-of-course assessment instrument to a student
enrolled in a course developed under this section. Each school
district shall adopt a policy that requires a student's performance
on the end-of-course assessment instrument to account for 15
percent of the student's final grade for the course. A student's
performance on an end-of-course assessment instrument administered
under this subsection may be used, on a scale of 0-40, in
calculating whether the student satisfies the graduation
requirements established under Section 39.025.
(e) The commissioner, with the approval of the State Board
of Education, shall adopt instructional materials for a course
developed under this section in accordance with Chapter 31. The
instructional materials must include technology resources that
enhance the effectiveness of the course and draw on established
best practices.
(f) To the extent applicable, the commissioner shall draw
from curricula and instructional materials developed under
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 commissioner [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 15. Section 28.023, Education Code, is amended to
read as follows:
Sec. 28.023. CREDIT BY EXAMINATION. (a) Using guidelines
established by commissioner rule [the State Board of Education], a
school district shall develop or select for commissioner [board]
review 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 commissioner [board] shall approve
examinations that satisfy commissioner [board] guidelines.
(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 a commissioner-approved
[board-approved] examination for acceleration if:
(1) the student scores in the 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 a
commissioner-approved [board-approved] examination for credit in
the subject if the student scores in the 90th percentile or above on
the examination. 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.
(d) Each district shall administer each examination not
less than once a year, at times to be determined by the commissioner
[State Board of Education].
SECTION 16. Sections 28.025(a), (b), (b-1), (b-2), (c),
(d), and (e), Education Code, are amended to read as follows:
(a) The commissioner [State Board of Education by rule]
shall propose rules to identify [determine] curriculum
requirements for the minimum, recommended, and advanced high school
programs that are consistent with the required curriculum under
Section 28.002. [Subject to Subsection (b-1), the State Board of
Education shall designate the specific courses in the foundation
curriculum required for a student participating in the minimum,
recommended, or advanced high school program. Except as provided
by Subsection (b-1), the State Board of Education may not designate
a specific course or a specific number of credits in the enrichment
curriculum as requirements for the recommended program.]
(b) A school district shall ensure that each student enrolls
in the courses necessary to complete the curriculum requirements
identified by the commissioner [State Board of Education] under
Subsection (a) for the recommended or advanced high school program
unless the student, the student's parent or other person standing
in parental relation to the student, and a school counselor or
school administrator agree in writing signed by each party that the
student should be permitted to take courses under the minimum high
school program [and the student:
[(1) is at least 16 years of age;
[(2) has completed two credits required for graduation
in each subject of the foundation curriculum under Section
28.002(a)(1); or
[(3) has failed to be promoted to the tenth grade one
or more times as determined by the school district].
(b-1) The commissioner [State Board of Education by rule]
shall propose rules to require that:
(1) except as provided by Subsection (b-2), the
curriculum requirements for the recommended and advanced high
school programs under Subsection (a) include a requirement that
students successfully complete[:
[(A)] four courses [credits] in each subject of
the foundation curriculum under Section 28.002(a)(1)[, including
at least one-half credit in government and at least one-half credit
in economics to meet the social studies requirement;
[(B) for the recommended high school program, two
credits in the same language in a language other than English under
Section 28.002(a)(2)(A) and, for the advanced high school program,
three credits in the same language in a language other than English
under Section 28.002(a)(2)(A)]; and
[(C) for the recommended high school program, six
elective credits and, for the advanced high school program, five
elective credits;]
(2) one or more courses [credits] offered in the
required curriculum for the recommended and advanced high school
programs include a research writing component[; and
[(3) the curriculum requirements for the minimum,
recommended, and advanced high school programs under Subsection (a)
include a requirement that students successfully complete:
[(A) one credit in fine arts under Section
28.002(a)(2)(D); and
[(B) one credit in physical education under
Section 28.002(a)(2)(C)].
(b-2) In proposing [adopting] rules under Subsection (b-1),
the commissioner [State Board of Education] shall allow a student
to comply with the curriculum requirements for a mathematics course
under Subsection (b-1)(1) taken after the successful completion of
an Algebra II course or science course under Subsection (b-1)(1)
taken after the successful completion of a physics course by
successfully completing an advanced career and technical course
designated by the commissioner [State Board of Education] as
containing substantively similar and rigorous academic content. A
student may use the option provided by this subsection for not more
than two courses.
(c) A person may receive a diploma if the person is eligible
for a diploma under Section 28.0251. In other cases, a student may
graduate and receive a diploma only if:
(1) the student successfully completes the curriculum
requirements identified by the commissioner [State Board of
Education] under Subsection (a) and complies with Section 39.025;
or
(2) the student successfully completes an
individualized education program developed under Section 29.005.
(d) A school district may issue a certificate of coursework
completion to a student who successfully completes the curriculum
requirements identified by the commissioner [State Board of
Education] under Subsection (a) but who fails to comply with
Section 39.025. A school district may allow a student who receives
a certificate to participate in a graduation ceremony with students
receiving high school diplomas.
(e) Each school district shall report the academic
achievement record of students who have completed a minimum,
recommended, or advanced high school program on transcript forms
adopted by commissioner rule [the State Board of Education]. The
transcript forms adopted by the commissioner [board] must be
designed to clearly differentiate between each of the high school
programs and identify whether a student received a diploma or a
certificate of coursework completion.
SECTION 17. Section 28.051(2), Education Code, is amended
to read as follows:
(2) "College advanced placement course" means a
commissioner-approved [board-approved] high-school-level
preparatory course for a college advanced placement test that
incorporates all topics specified by the college board on its
standard syllabus for a given subject area.
SECTION 18. Section 28.054, Education Code, is amended to
read as follows:
Sec. 28.054. SUBSIDIES FOR COLLEGE ADVANCED PLACEMENT TEST
OR INTERNATIONAL BACCALAUREATE EXAMINATION. (a) A student is
entitled to a subsidy for a fee paid by the student to take a college
advanced placement test or an international baccalaureate
examination if the student demonstrates financial need. The
commissioner, in consultation with the Texas Higher Education
Coordinating Board, [board] shall adopt guidelines for determining
financial need consistent with the definition of financial need
adopted by the college board or the International Baccalaureate
Organization.
(b) To obtain a subsidy under this section, a student must:
(1) pay the fee for each test or examination for which
the student seeks a subsidy; and
(2) submit to the commissioner [board] through the
student's guidance counselor a written application on a form
prescribed by the commissioner demonstrating financial need and the
amount of the fee paid by the student for each test or examination.
(c) On approval by the commissioner [board], the agency may
pay each eligible applicant an equal amount, not to exceed $25 for
each applicant.
SECTION 19. Section 28.055(b), Education Code, is amended
to read as follows:
(b) To obtain an award under the program, a school must
submit to the commissioner [board] a written application in a form,
manner, and time prescribed by the commissioner.
SECTION 20. Section 28.056, Education Code, is amended to
read as follows:
Sec. 28.056. APPLICATION FOR TEACHER AWARDS AND
REIMBURSEMENTS. To obtain an award or reimbursement for training
expenses under the program, a teacher must submit to the
commissioner [board] a written application in a form, manner, and
time prescribed by the commissioner.
SECTION 21. Section 30A.102(b), Education Code, is amended
to read as follows:
(b) To ensure that a full range of electronic courses,
including advanced placement courses, are offered to students in
this state, the administering authority:
(1) shall create a list of those subjects and courses
designated by the commissioner [board] under Subchapter A, Chapter
28, for which the commissioner [board] has identified essential
knowledge and skills or for which the commissioner [board] has
designated content requirements under Subchapter A, Chapter 28;
(2) shall enter into agreements with school districts,
open-enrollment charter schools, and public or private
institutions of higher education for the purpose of offering the
courses through the state virtual school network; and
(3) may develop or authorize the development of
additional electronic courses that:
(A) are needed to complete high school graduation
requirements; and
(B) are not otherwise available through the state
virtual school network.
SECTION 22. Section 31.003, Education Code, is amended to
read as follows:
Sec. 31.003. RULES. (a) The commissioner may propose to
the State Board of Education as provided by Subsection (b) [may
adopt] rules, consistent with this chapter, for the adoption of
textbooks under Subchapter B. The State Board of Education may
adopt rules consistent with this chapter regarding textbooks for
purposes of Subchapters B-1, C, D, and E [, requisition,
distribution, care, use, and disposal of textbooks].
(b) The commissioner must submit a written copy of each of
the commissioner's proposed rules for the adoption of textbooks
under Subchapter B, other than as provided under Section 31.0231,
to the State Board of Education for review. The State Board of
Education may reject a proposed rule by a vote of at least
two-thirds of the members of the board present and voting. If the
State Board of Education fails to reject a proposed rule before the
75th day after the date on which it receives the proposed rule, the
proposed rule takes effect as a rule of the commissioner as provided
by Chapter 2001, Government Code. The State Board of Education may
not modify a rule proposed by the commissioner under Subchapter B.
SECTION 23. Section 31.022, Education Code, is amended to
read as follows:
Sec. 31.022. TEXTBOOK REVIEW AND ADOPTION. (a) The
commissioner [State Board of Education] shall propose rules to
adopt a review and adoption cycle for textbooks for elementary
grade levels, including prekindergarten, and secondary grade
levels, for each subject in the required curriculum under Section
28.002.
(b) The commissioner [board] shall organize the cycle for
subjects in the foundation curriculum so that not more than
one-sixth of the textbooks for subjects in the foundation
curriculum are reviewed each year. The commissioner [board] shall
propose [adopt] rules to provide for a full and complete
investigation of textbooks for each subject in the foundation
curriculum at least every six years. The adoption of textbooks for
a subject in the foundation curriculum may be extended beyond the
six-year period only if the content of textbooks for a subject is
sufficiently current.
(c) The commissioner [board] shall propose [adopt] rules to
provide for a full and complete investigation of textbooks for each
subject in the enrichment curriculum on a cycle the commissioner
[board] considers appropriate.
(d) At least 24 months before the beginning of the school
year for which textbooks for a particular subject and grade level
will be purchased under the review and adoption cycle [adopted by
the board], the commissioner [board] shall publish notice of the
review and adoption cycle for those textbooks.
(e) The commissioner [board] shall designate a request for
production of textbooks in a subject area and grade level by the
school year in which the textbooks are intended to be made available
in classrooms and not by the school year in which the commissioner
[board] makes the request for production.
(f) The commissioner [board] shall amend any request for
production issued for the purchase of textbooks to conform to the
textbook funding levels provided by the General Appropriations Act
for the year of implementation.
SECTION 24. Section 31.0221(a), Education Code, is amended
to read as follows:
(a) The commissioner [State Board of Education] shall
propose [adopt] rules for the midcycle review and adoption of a
textbook for a subject for which textbooks are not currently under
review by the commissioner [board] under Section 31.022. The rules
must require:
(1) the publisher of the textbook to pay a fee to the
commissioner [board] to cover the cost of the midcycle review and
adoption of the textbook;
(2) the publisher of the textbook to enter into a
contract with the commissioner [board] concerning the textbook for
a term that ends at the same time as any contract entered into by the
commissioner [board] for another textbook for the same subject and
grade level; and
(3) a commitment from the publisher to provide the
textbook to school districts in the manner specified by the
publisher, which may include:
(A) providing the textbook to any district in a
regional education service center area identified by the publisher;
or
(B) providing a certain maximum number of
textbooks specified by the publisher.
SECTION 25. Section 31.0222, Education Code, is amended to
read as follows:
Sec. 31.0222. BUDGET-BALANCED CYCLE. In determining the
review and adoption cycle of textbooks under Section 31.022, the
commissioner [State Board of Education] shall:
(1) consult with the Legislative Budget Board and the
governor's office of budget, planning, and policy before approving
and publishing any notice or amendment of a cycle;
(2) review and consider:
(A) historic average funding levels for
textbooks purchased in previous bienniums;
(B) expected average costs of future textbook
purchases;
(C) anticipated student enrollment in future
years;
(D) scheduled revisions to curriculum; and
(E) the impact on the state budget of the
adoption of textbooks in all or some grade levels in a subject area;
and
(3) limit the cycle to subject areas for which
textbooks can be purchased with the funding anticipated to be
available in the state textbook fund for the school year in which
the textbooks are to be adopted.
SECTION 26. Section 31.023(a), Education Code, is amended
to read as follows:
(a) For each subject and grade level, the commissioner, in
accordance with Sections 28.0024 and 28.0025, shall propose for
adoption to the State Board of Education in the same manner as rules
are proposed under Section 31.003(b), [shall adopt] two lists of
textbooks. The conforming list includes each textbook submitted
for the subject and grade level that meets applicable physical
specifications established [adopted] by commissioner rule [the
State Board of Education] and contains material covering each
element of the essential knowledge and skills of the subject and
grade level in the student version of the textbook, as well as in
the teacher version of the textbook, as determined [by the State
Board of Education] under Section 28.002 and adopted under Section
31.024. The nonconforming list includes each textbook submitted
for the subject and grade level that:
(1) meets applicable physical specifications
established [adopted] by commissioner rule [the State Board of
Education];
(2) contains material covering at least half, but not
all, of the elements of the essential knowledge and skills of the
subject and grade level in the student version of the textbook, as
well as in the teacher version of the textbook; and
(3) is adopted under Section 31.024.
SECTION 27. Section 31.024, Education Code, is amended to
read as follows:
Sec. 31.024. ADOPTION [BY STATE BOARD OF EDUCATION]. (a)
The commissioner, after using the process under Section 31.023, [By
majority vote, the State Board of Education] shall:
(1) place each submitted textbook on a conforming or
nonconforming list; or
(2) reject a textbook submitted for placement on a
conforming or nonconforming list.
(b) Not later than December 1 of the year preceding the
school year for which the textbooks for a particular subject and
grade level will be purchased under the cycle adopted [by the board]
under Section 31.022, the commissioner [board] shall provide the
lists of adopted textbooks to each school district. Each
nonconforming list must include the reasons an adopted textbook is
not eligible for the conforming list.
SECTION 28. Section 31.025(a), Education Code, is amended
to read as follows:
(a) The commissioner [State Board of Education] shall set a
limit on the cost that may be paid from the state textbook fund for a
textbook placed on the conforming or nonconforming list for a
particular subject and grade level. The commissioner [board] may
not reject a textbook for placement on the conforming or
nonconforming list because the textbook's price exceeds the limit
established under this subsection.
SECTION 29. Sections 31.026(a) and (b), Education Code, are
amended to read as follows:
(a) The commissioner [State Board of Education] shall
execute a contract:
(1) for the purchase of each adopted textbook other
than an electronic textbook; and
(2) for the purchase or licensing of each adopted
electronic textbook.
(b) A contract must require the publisher to provide the
number of textbooks required by school districts in this state for
the term of the contract, which must coincide with the
commissioner's [board's] adoption cycle.
SECTION 30. Sections 31.028(a), (b), and (c), Education
Code, are amended to read as follows:
(a) The commissioner [State Board of Education] may
purchase special textbooks for the education of blind and visually
impaired students in public schools. In addition, for a teacher who
is blind or visually impaired, the commissioner [board] shall
provide a teacher's edition in Braille or large type, as requested
by the teacher, for each textbook the teacher uses in the
instruction of students. The teacher edition must be available at
the same time the student textbooks become available.
(b) The publisher of an adopted textbook shall provide the
agency with computerized textbook files for the production of
Braille textbooks or other versions of textbooks to be used by
students with disabilities, on request of the commissioner [State
Board of Education]. A publisher shall arrange computerized
textbook files in one of several optional formats specified by the
commissioner [State Board of Education].
(c) The commissioner [board] may also enter into agreements
providing for the acceptance, requisition, and distribution of
special textbooks and instructional aids pursuant to 20 U.S.C.
Section 101 et seq. for use by students enrolled in:
(1) public schools; or
(2) private nonprofit schools, if state funds, other
than for administrative costs, are not involved.
SECTION 31. Section 31.029, Education Code, is amended to
read as follows:
Sec. 31.029. BILINGUAL TEXTBOOKS. The commissioner [board]
shall purchase or otherwise acquire textbooks for use in bilingual
education classes.
SECTION 32. Section 31.030, Education Code, is amended to
read as follows:
Sec. 31.030. USED TEXTBOOKS. The commissioner [State Board
of Education] shall propose [adopt] rules to ensure that used
textbooks sold to school districts and open-enrollment charter
schools are not sample copies that contain factual errors. The
rules may provide for the imposition of an administrative penalty
in accordance with Section 31.151 against a seller of used
textbooks who knowingly violates this section.
SECTION 33. Sections 31.035(a), (b), and (f), Education
Code, are amended to read as follows:
(a) Notwithstanding any other provision of this subchapter,
the commissioner [State Board of Education] may, in accordance with
Sections 28.0024 and 28.0025, propose for adoption to the State
Board of Education, in the same manner as rules are proposed under
Section 31.003(b), [adopt] supplemental textbooks that are not on
the conforming or nonconforming list under Section 31.023. The
commissioner [State Board of Education] may propose for adoption
[adopt] a supplemental textbook under this section only if the
textbook:
(1) contains material covering one or more primary
focal points or primary topics of a subject in the required
curriculum under Section 28.002[, as determined by the State Board
of Education];
(2) is not designed to serve as the sole textbook for a
full course;
(3) meets applicable physical specifications
established [adopted] by commissioner rule [the State Board of
Education]; and
(4) is free from factual errors.
(b) The commissioner, in accordance with Sections 28.0024
and 28.0025, [State Board of Education] shall identify the
essential knowledge and skills identified under Section 28.002 that
are covered by a supplemental textbook adopted [by the board] under
this section.
(f) A school district or open-enrollment charter school
that requisitions supplemental textbooks under Subsection (d)(2)
shall certify to the agency that the supplemental textbooks, in
combination with any other textbooks or supplemental textbooks used
by the district or school, cover the essential knowledge and skills
identified under Section 28.002 [by the State Board of Education]
for the subject and grade level for which the district or school is
requisitioning the supplemental textbooks.
SECTION 34. Section 28.051(1), Education Code, is repealed.
SECTION 35. A rule, form, policy, procedure, or decision of
the State Board of Education that relates to the adoption of
curriculum under Chapter 28, Education Code, or the adoption of
textbooks under Subchapter B, Chapter 31, Education Code, continues
in effect as a rule, form, policy, procedure, or decision of the
commissioner of education and remains in effect until changed by
the commissioner of education in accordance, as necessary, with
Chapter 28, Education Code, as amended by this Act, or Subchapter B,
Chapter 31, Education Code, as amended by this Act.
SECTION 36. This Act applies beginning with the 2011-2012
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, 2011.