Bill Text: TX HB5 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to public school accountability, including assessment, and curriculum requirements; providing a criminal penalty.
Spectrum: Slight Partisan Bill (Republican 51-22)
Status: (Passed) 2013-06-10 - See remarks for effective date [HB5 Detail]
Download: Texas-2013-HB5-Enrolled.html
H.B. No. 5 |
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relating to public school accountability, including assessment, | ||
and curriculum requirements; providing a criminal penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. (a) Section 7.010(c), Education Code, is amended | ||
to read as follows: | ||
(c) The electronic student records system must permit an | ||
authorized state or district official or an authorized | ||
representative of an institution of higher education to | ||
electronically transfer to and from an educational institution in | ||
which the student is enrolled and retrieve student transcripts, | ||
including information concerning a student's: | ||
(1) course or grade completion; | ||
(2) teachers of record; | ||
(3) assessment instrument results; | ||
(4) receipt of special education services, including | ||
placement in a special education program and the individualized | ||
education program developed; and | ||
(5) personal graduation plan as described by Section | ||
28.0212 or 28.02121, as applicable. | ||
(b) This section applies beginning with the 2014-2015 | ||
school year. | ||
SECTION 2. (a) Section 7.062(e), Education Code, is amended | ||
to read as follows: | ||
(e) The rules must: | ||
(1) limit the amount of assistance provided through a | ||
grant to not more than: | ||
(A) for a construction project, $200 per square | ||
foot of the science laboratory to be constructed; or | ||
(B) for a renovation project, $100 per square | ||
foot of the science laboratory to be renovated; | ||
(2) require a school district to demonstrate, as a | ||
condition of eligibility for a grant, that the existing district | ||
science laboratories are insufficient in number to comply with the | ||
curriculum requirements imposed for the distinguished level of | ||
achievement under the foundation [ |
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school program [ |
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and | ||
(3) provide for ranking school districts that apply | ||
for grants on the basis of wealth per student and giving priority in | ||
the award of grants to districts with low wealth per student. | ||
(b) This section applies beginning with the 2014-2015 | ||
school year. | ||
SECTION 3. Subchapter C, Chapter 7, Education Code, is | ||
amended by adding Section 7.064 to read as follows: | ||
Sec. 7.064. CAREER AND TECHNOLOGY CONSORTIUM. (a) The | ||
commissioner shall investigate available options for the state to | ||
join a consortium of states for the purpose of developing sequences | ||
of academically rigorous career and technology courses in career | ||
areas that are high-demand, high-wage career areas in this state. | ||
(b) The curricula for the courses must include the | ||
appropriate essential knowledge and skills adopted under | ||
Subchapter A, Chapter 28. | ||
(c) If the commissioner determines that joining a | ||
consortium of states for this purpose would be beneficial for the | ||
educational and career success of students in the state, the | ||
commissioner may join the consortium on behalf of the state. | ||
SECTION 4. (a) Section 12.111(b), Education Code, is | ||
amended to read as follows: | ||
(b) A charter holder of an open-enrollment charter school | ||
shall consider including in the school's charter a requirement that | ||
the school develop and administer personal graduation plans under | ||
Sections [ |
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(b) This section applies beginning with the 2014-2015 | ||
school year. | ||
SECTION 5. (a) Section 25.083, Education Code, is amended | ||
to read as follows: | ||
Sec. 25.083. SCHOOL DAY INTERRUPTIONS. (a) The board of | ||
trustees of each school district shall adopt and strictly enforce a | ||
policy limiting interruptions of classes during the school day for | ||
nonacademic activities such as announcements and sales promotions. | ||
At a minimum, the policy must limit announcements other than | ||
emergency announcements to once during the school day. | ||
(b) The board of trustees of each school district shall | ||
adopt and strictly enforce a policy limiting the removal of | ||
students from class for remedial tutoring or test preparation. A | ||
district may not remove a student from a regularly scheduled class | ||
for remedial tutoring or test preparation if, as a result of the | ||
removal, the student would miss more than 10 percent of the school | ||
days on which the class is offered, unless the student's parent or | ||
another person standing in parental relation to the student | ||
provides to the district written consent for removal from class for | ||
such purpose. | ||
(b) This section applies beginning with the 2013-2014 | ||
school year. | ||
SECTION 6. (a) The heading to Section 25.092, Education | ||
Code, is amended to read as follows: | ||
Sec. 25.092. MINIMUM ATTENDANCE FOR CLASS CREDIT OR FINAL | ||
GRADE. | ||
(b) This section applies beginning with the 2013-2014 | ||
school year. | ||
SECTION 7. (a) Sections 25.092(a), (a-1), (b), and (d), | ||
Education Code, are amended to read as follows: | ||
(a) Except as provided by this section, a student in any | ||
grade level from kindergarten through grade 12 may not be given | ||
credit or a final grade for a class unless the student is in | ||
attendance for at least 90 percent of the days the class is offered. | ||
(a-1) A student who is in attendance for at least 75 percent | ||
but less than 90 percent of the days a class is offered may be given | ||
credit or a final grade for the class if the student completes a | ||
plan approved by the school's principal that provides for the | ||
student to meet the instructional requirements of the class. A | ||
student under the jurisdiction of a court in a criminal or juvenile | ||
justice proceeding may not receive credit or a final grade under | ||
this subsection without the consent of the judge presiding over the | ||
student's case. | ||
(b) The board of trustees of each school district shall | ||
appoint one or more attendance committees to hear petitions for | ||
class credit or a final grade by students who are in attendance | ||
fewer than the number of days required under Subsection (a) and have | ||
not earned class credit or a final grade under Subsection (a-1). | ||
Classroom teachers shall comprise a majority of the membership of | ||
the committee. A committee may give class credit or a final grade | ||
to a student because of extenuating circumstances. Each board of | ||
trustees shall establish guidelines to determine what constitutes | ||
extenuating circumstances and shall adopt policies establishing | ||
alternative ways for students to make up work or regain credit or a | ||
final grade lost because of absences. The alternative ways must | ||
include at least one option that does not require a student to pay a | ||
fee authorized under Section 11.158(a)(15). A certified public | ||
school employee may not be assigned additional instructional duties | ||
as a result of this section outside of the regular workday unless | ||
the employee is compensated for the duties at a reasonable rate of | ||
pay. | ||
(d) If a student is denied credit or a final grade for a | ||
class by an attendance committee, the student may appeal the | ||
decision to the board of trustees. The decision of the board may be | ||
appealed by trial de novo to the district court of the county in | ||
which the school district's central administrative office is | ||
located. | ||
(b) This section applies beginning with the 2013-2014 | ||
school year. | ||
SECTION 8. (a) Section 28.002, Education Code, is amended | ||
by amending Subsection (c) and adding Subsections (g-1), (g-2), and | ||
(o) to read as follows: | ||
(c) The State Board of Education, with the direct | ||
participation of educators, parents, business and industry | ||
representatives, and employers shall by rule identify the essential | ||
knowledge and skills of each subject of the required curriculum | ||
that all students should be able to demonstrate and that will be | ||
used in evaluating instructional materials under Chapter 31 and | ||
addressed on the assessment instruments required under Subchapter | ||
B, Chapter 39. As a condition of accreditation, the board shall | ||
require each district to provide instruction in the essential | ||
knowledge and skills at appropriate grade levels and to make | ||
available to each high school student in the district an Algebra II | ||
course. | ||
(g-1) A district may also offer a course or other activity, | ||
including an apprenticeship or training hours needed to obtain an | ||
industry-recognized credential or certificate, that is approved by | ||
the board of trustees for credit without obtaining State Board of | ||
Education approval if: | ||
(1) the district develops a program under which the | ||
district partners with a public or private institution of higher | ||
education and local business, labor, and community leaders to | ||
develop and provide the courses; and | ||
(2) the course or other activity allows students to | ||
enter: | ||
(A) a career or technology training program in | ||
the district's region of the state; | ||
(B) an institution of higher education without | ||
remediation; | ||
(C) an apprenticeship training program; or | ||
(D) an internship required as part of | ||
accreditation toward an industry-recognized credential or | ||
certificate for course credit. | ||
(g-2) Each school district shall annually report to the | ||
agency the names of the courses, programs, institutions of higher | ||
education, and internships in which the district's students have | ||
enrolled under Subsection (g-1). The agency shall make available | ||
information provided under this subsection to other districts. | ||
(o) In approving career and technology courses, the State | ||
Board of Education must determine that at least 50 percent of the | ||
approved courses are cost-effective for a school district to | ||
implement. | ||
(b) This section applies beginning with the 2014-2015 | ||
school year. | ||
SECTION 9. Subchapter A, Chapter 28, Education Code, is | ||
amended by adding Section 28.00222 to read as follows: | ||
Sec. 28.00222. INCREASE IN ADVANCED TECHNOLOGY AND | ||
CAREER-RELATED COURSES. (a) Not later than September 1, 2014, the | ||
State Board of Education shall ensure that at least six advanced | ||
career and technology education or technology applications | ||
courses, including courses in personal financial literacy | ||
consistent with Section 28.0021 and in statistics, are approved to | ||
satisfy a fourth credit in mathematics. | ||
(b) Not later than January 1, 2015, the commissioner shall | ||
review and report to the governor, the lieutenant governor, the | ||
speaker of the house of representatives, and the presiding officer | ||
of each standing committee of the legislature with primary | ||
responsibility over public primary and secondary education | ||
regarding the progress of increasing the number of courses approved | ||
for the career and technology education or technology applications | ||
curriculum. The commissioner shall include in the report a | ||
detailed description of any new courses, including instructional | ||
materials and required equipment, if any. | ||
(c) This section expires September 1, 2015. | ||
SECTION 10. (a) Section 28.014, Education Code, is amended | ||
to read as follows: | ||
Sec. 28.014. COLLEGE PREPARATORY COURSES. (a) Each school | ||
district shall partner with at least one institution of higher | ||
education to develop and provide [ |
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mathematics[ |
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arts. The courses must be designed: | ||
(1) for students at the 12th grade level whose | ||
performance on: | ||
(A) [ |
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39.023(c) does not meet college readiness standards; or | ||
(B) coursework, a college entrance examination, | ||
or an assessment instrument designated under Section 51.3062(c) | ||
indicates that the student is not ready to perform entry-level | ||
college coursework; and | ||
(2) to prepare students for success in entry-level | ||
college courses. | ||
(b) A course developed under this section must be provided: | ||
(1) on the campus of the high school offering the | ||
course; or | ||
(2) through distance learning or as an online course | ||
provided through an institution of higher education with which the | ||
school district partners as provided by Subsection (a). | ||
(c) Appropriate faculty of each high school offering | ||
courses under this section and appropriate faculty of each | ||
institution of higher education with which the school district | ||
partners shall meet regularly as necessary to ensure that each | ||
course is aligned with college readiness expectations. The | ||
commissioner of education, in coordination with the commissioner of | ||
higher education, may adopt rules to administer this subsection. | ||
(d) Each school district shall provide a notice to each | ||
district student to whom Subsection (a) applies and the student's | ||
parent or guardian regarding the benefits of enrolling in a course | ||
under this section. | ||
(e) A student who successfully completes an English | ||
language arts [ |
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credit earned in the course toward satisfying the advanced English | ||
language arts [ |
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requirement for the foundation [ |
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school program under Section 28.025(b-1)(1) [ |
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who successfully completes a mathematics course developed under | ||
this section may use the credit earned in the course toward | ||
satisfying an advanced mathematics curriculum requirement under | ||
Section 28.025 after completion of the mathematics curriculum | ||
requirements for the foundation high school program under Section | ||
28.025(b-1)(2). | ||
(f) A course provided under this section may be offered for | ||
dual credit at the discretion of the institution of higher | ||
education with which a school district partners under this section. | ||
(g) Each school district, in consultation with each | ||
institution of higher education with which the district partners, | ||
shall develop or purchase [ |
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[ |
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[ |
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instructional materials for a course developed under this section | ||
consistent [ |
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materials must include technology resources that enhance the | ||
effectiveness of the course and draw on established best practices. | ||
(h) [ |
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materials developed under Section [ |
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in developing a course and related instructional materials under | ||
this section. A [ |
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related instructional materials shall be made available to students | ||
[ |
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expires September 1, 2015. | ||
(b) This section applies beginning with the 2013-2014 | ||
school year. | ||
SECTION 11. Section 28.0211, Education Code, is amended by | ||
amending Subsection (m) and adding Subsection (m-1) to read as | ||
follows: | ||
(m) The commissioner shall certify, not later than July 1 of | ||
each school year or as soon as practicable thereafter, whether | ||
sufficient funds have been appropriated statewide for the purposes | ||
of this section and Section 28.0217. A determination by the | ||
commissioner is final and may not be appealed. For purposes of | ||
certification, the commissioner shall consider: | ||
(1) the average cost per student per assessment | ||
instrument administration; | ||
(2) the number of students that require accelerated | ||
instruction because the student failed to perform satisfactorily on | ||
an assessment instrument; | ||
(3) whether sufficient funds have been appropriated to | ||
provide support to students in grades three through 12 identified | ||
as being at risk of dropping out of school, as defined in Section | ||
29.081(d); and | ||
(4) whether sufficient funds have been appropriated to | ||
provide instructional materials that are aligned with the | ||
assessment instruments under Sections 39.023(a) and (c). | ||
(m-1) For purposes of certification under Subsection (m), | ||
the commissioner may not consider Foundation School Program funds | ||
except for compensatory education funds under Section | ||
42.152. This section may be implemented only if the commissioner | ||
certifies that sufficient funds have been appropriated during a | ||
school year for administering the accelerated instruction programs | ||
specified under this section and Section 28.0217, including teacher | ||
training for that purpose. | ||
SECTION 12. (a) The heading to Section 28.0212, Education | ||
Code, is amended to read as follows: | ||
Sec. 28.0212. JUNIOR HIGH OR MIDDLE SCHOOL PERSONAL | ||
GRADUATION PLAN. | ||
(b) This section applies beginning with the 2014-2015 | ||
school year. | ||
SECTION 13. (a) Sections 28.0212(a) and (b), Education | ||
Code, are amended to read as follows: | ||
(a) A principal of a junior high or middle school shall | ||
designate a school [ |
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appropriate individual to develop and administer a personal | ||
graduation plan for each student enrolled in the [ |
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or[ |
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(1) does not perform satisfactorily on an assessment | ||
instrument administered under Subchapter B, Chapter 39; or | ||
(2) is not likely to receive a high school diploma | ||
before the fifth school year following the student's enrollment in | ||
grade level nine, as determined by the district. | ||
(b) A personal graduation plan under this section must: | ||
(1) identify educational goals for the student; | ||
(2) include diagnostic information, appropriate | ||
monitoring and intervention, and other evaluation strategies; | ||
(3) include an intensive instruction program | ||
described by Section 28.0213; | ||
(4) address participation of the student's parent or | ||
guardian, including consideration of the parent's or guardian's | ||
educational expectations for the student; and | ||
(5) provide innovative methods to promote the | ||
student's advancement, including flexible scheduling, alternative | ||
learning environments, on-line instruction, and other | ||
interventions that are proven to accelerate the learning process | ||
and have been scientifically validated to improve learning and | ||
cognitive ability. | ||
(b) This section applies beginning with the 2014-2015 | ||
school year. | ||
SECTION 14. (a) Subchapter B, Chapter 28, Education Code, | ||
is amended by adding Section 28.02121 to read as follows: | ||
Sec. 28.02121. HIGH SCHOOL PERSONAL GRADUATION PLAN. (a) | ||
The agency, in consultation with the Texas Workforce Commission and | ||
the Texas Higher Education Coordinating Board, shall prepare and | ||
make available to each school district in English and Spanish | ||
information that explains the advantages of the distinguished level | ||
of achievement described by Section 28.025(b-15) and each | ||
endorsement described by Section 28.025(c-1). The information must | ||
contain an explanation: | ||
(1) concerning the benefits of choosing a high school | ||
personal graduation plan that includes the distinguished level of | ||
achievement under the foundation high school program and includes | ||
one or more endorsements to enable the student to achieve a class | ||
rank in the top 10 percent for students at the campus; and | ||
(2) that encourages parents, to the greatest extent | ||
practicable, to have the student choose a high school personal | ||
graduation plan described by Subdivision (1). | ||
(b) A school district shall publish the information | ||
provided to the district under Subsection (a) on the Internet | ||
website of the district and ensure that the information is | ||
available to students in grades nine and above and the parents or | ||
legal guardians of those students in the language in which the | ||
parents or legal guardians are most proficient. A district is | ||
required to provide information under this subsection in the | ||
language in which the parents or legal guardians are most | ||
proficient only if at least 20 students in a grade level primarily | ||
speak that language. | ||
(c) A principal of a high school shall designate a school | ||
counselor or school administrator to review personal graduation | ||
plan options with each student entering grade nine together with | ||
that student's parent or guardian. The personal graduation plan | ||
options reviewed must include the distinguished level of | ||
achievement described by Section 28.025(b-15) and the endorsements | ||
described by Section 28.025(c-1). Before the conclusion of the | ||
school year, the student and the student's parent or guardian must | ||
confirm and sign a personal graduation plan for the student. | ||
(d) A personal graduation plan under Subsection (c) must | ||
identify a course of study that: | ||
(1) promotes: | ||
(A) college and workforce readiness; and | ||
(B) career placement and advancement; and | ||
(2) facilitates the student's transition from | ||
secondary to postsecondary education. | ||
(e) A school district may not prevent a student and the | ||
student's parent or guardian from confirming a personal graduation | ||
plan that includes pursuit of a distinguished level of achievement | ||
or an endorsement. | ||
(f) A student may amend the student's personal graduation | ||
plan after the initial confirmation of the plan under this section. | ||
If a student amends the student's personal graduation plan, the | ||
school shall send written notice to the student's parents regarding | ||
the change. | ||
(b) This section applies beginning with the 2014-2015 | ||
school year. | ||
SECTION 15. Subchapter B, Chapter 28, Education Code, is | ||
amended by adding Section 28.0217 to read as follows: | ||
Sec. 28.0217. ACCELERATED INSTRUCTION FOR HIGH SCHOOL | ||
STUDENTS. Each time a student fails to perform satisfactorily on an | ||
assessment instrument administered under Section 39.023(c), the | ||
school district in which the student attends school shall provide | ||
to the student accelerated instruction in the applicable subject | ||
area, using funds appropriated for accelerated instruction under | ||
Section 28.0211. Accelerated instruction may require | ||
participation of the student before or after normal school hours | ||
and may include participation at times of the year outside normal | ||
school operations. | ||
SECTION 16. (a) Section 28.025, Education Code, is amended | ||
by amending Subsections (a), (b), (b-1), (b-2), (b-3), (b-4), | ||
(b-5), (b-7), (b-9), (b-10), (b-11), and (e) and adding Subsections | ||
(b-12), (b-13), (b-14), (b-15), (b-16), (b-17), (b-18), (b-19), | ||
(c-1), (c-2), (c-3), (c-4), (c-5), (e-1), (e-2), (e-3), (h), (h-1), | ||
and (h-2) to read as follows: | ||
(a) The State Board of Education by rule shall determine | ||
curriculum requirements for the foundation [ |
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with the required curriculum under Section 28.002. The [ |
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specific courses in the foundation curriculum under Section | ||
28.002(a)(1) required under [ |
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foundation [ |
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program. Except as provided by this section [ |
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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 [ |
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(b) A school district shall ensure that each student, on | ||
entering ninth grade, indicates in writing an endorsement under | ||
Subsection (c-1) that the student intends to earn. A district shall | ||
permit a student to choose, at any time, to earn an endorsement | ||
other than the endorsement the student previously indicated. A | ||
student may graduate under the foundation high school program | ||
without earning an endorsement if, after the student's sophomore | ||
year: | ||
(1) the student and the student's parent or person | ||
standing in parental relation to the student are advised by a school | ||
counselor of the specific benefits of graduating from high school | ||
with one or more endorsements; and | ||
(2) the student's parent or person standing in | ||
parental relation to the student files with a school counselor | ||
written permission, on a form adopted by the agency, allowing the | ||
student to graduate under the foundation high school program | ||
without earning an endorsement [ |
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(b-1) The State Board of Education by rule shall require | ||
that[ |
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[ |
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curriculum requirements for the foundation [ |
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include a requirement that students successfully complete: | ||
(1) [ |
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28.002(a)(1)(A), including one credit in English I, one credit in | ||
English II, one credit in English III, and one credit in an advanced | ||
English course authorized under Subsection (b-2); | ||
(2) three credits in mathematics under Section | ||
28.002(a)(1)(B), including one credit in Algebra I, one credit in | ||
geometry, and one credit in any advanced mathematics course | ||
authorized under Subsection (b-2); | ||
(3) three credits in science under Section | ||
28.002(a)(1)(C), including one credit in biology, one credit in any | ||
advanced science course authorized under Subsection (b-2), and one | ||
credit in integrated physics and chemistry or in an additional | ||
advanced science course authorized under Subsection (b-2); | ||
(4) three credits in social studies under Section | ||
28.002(a)(1)(D) [ |
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States history, at least one-half credit in government and at least | ||
one-half credit in economics, and one credit in world geography or | ||
world history [ |
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(5) except as provided under Subsections (b-12), | ||
(b-13), and (b-14) [ |
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two credits in the same language in a language other than English | ||
under Section 28.002(a)(2)(A) [ |
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(6) five [ |
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(7) [ |
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[ |
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[ |
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28.002(a)(2)(D); and | ||
(8) [ |
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credit in physical education under Section 28.002(a)(2)(C). | ||
(b-2) In adopting rules under Subsection (b-1), the State | ||
Board of Education shall provide for [ |
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with the curriculum requirements for an advanced English course | ||
under Subsection (b-1)(1) taken after successful completion of | ||
English I, English II, and English III, for an advanced [ |
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mathematics course under Subsection (b-1)(2) [ |
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after the successful completion of Algebra I and geometry, and for | ||
any advanced [ |
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(b-1)(3) [ |
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the appropriate content area that has been approved as an advanced | ||
course by board rule or that is offered as an advanced course for | ||
credit without board approval as provided by Section 28.002(g-1) | ||
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(b-3) In adopting rules for purposes of Subsection (b-2) [ |
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of advanced English, mathematics, and science courses that may be | ||
taken [ |
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with the foundation high school [ |
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requirements, provided that each approved course prepares students | ||
to enter the workforce successfully or postsecondary education | ||
without remediation. | ||
(b-4) A school district may offer the curriculum described | ||
in Subsections (b-1)(1) through (4) [ |
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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 [ |
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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 [ |
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school program or for an endorsement under Subsection (c-1) [ |
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the core curriculum of an institution of higher education under | ||
Section 61.822. Notwithstanding Subsection (b-15) or (c) of this | ||
section, Section 39.025, or any other provision of this code and | ||
notwithstanding any school district policy, a student who has | ||
completed the core curriculum of an institution of higher education | ||
under Section 61.822, as certified by the institution in accordance | ||
with commissioner rule, is considered to have earned a | ||
distinguished level of achievement under the foundation high school | ||
program and is entitled to receive a high school diploma from the | ||
appropriate high school as that high school is determined in | ||
accordance with commissioner rule. A student who is considered to | ||
have earned a distinguished level of achievement under the | ||
foundation high school program under this subsection may apply for | ||
admission to an institution of higher education for the first | ||
semester or other academic term after the semester or other | ||
academic term in which the student completes the core curriculum. | ||
(b-9) A school district, with the approval of the | ||
commissioner, may allow [ |
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arts credit required under Subsection (b-1)(7) [ |
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participating in a community-based fine arts program not provided | ||
by the school district in which the student is enrolled. The fine | ||
arts program must provide instruction in the essential knowledge | ||
and skills identified for fine arts by the State Board of Education | ||
under Section 28.002(c). The fine arts program may be provided on or | ||
off a school campus and outside the regular school day. [ |
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(b-10) A school district, with the approval of the | ||
commissioner, may allow a student to comply with the curriculum | ||
requirements for the physical education credit required under | ||
Subsection (b-1)(8) [ |
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commercially sponsored physical activity program provided on or off | ||
a school campus and outside the regular school day. | ||
(b-11) In adopting rules under Subsection (b-1), the State | ||
Board of Education shall allow a student who is unable to | ||
participate in physical activity due to disability or illness to | ||
substitute one credit in English language arts, mathematics, | ||
science, or social studies, one credit in a course that is offered | ||
for credit as provided by Section 28.002(g-1), or one academic | ||
elective credit for the physical education credit required under | ||
Subsection (b-1)(8) [ |
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substituted under this subsection may not also be used by the | ||
student to satisfy a graduation requirement other than completion | ||
of the physical education credit. The rules must provide that the | ||
determination regarding a student's ability to participate in | ||
physical activity will be made by: | ||
(1) if the student receives special education services | ||
under Subchapter A, Chapter 29, the student's admission, review, | ||
and dismissal committee; | ||
(2) if the student does not receive special education | ||
services under Subchapter A, Chapter 29, but is covered by Section | ||
504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), the | ||
committee established for the student under that Act; or | ||
(3) if each of the committees described by | ||
Subdivisions (1) and (2) is inapplicable, a committee established | ||
by the school district of persons with appropriate knowledge | ||
regarding the student. | ||
(b-12) In adopting rules under Subsection (b-1), the State | ||
Board of Education shall adopt criteria to allow a student to comply | ||
with the curriculum requirements for the two credits in a language | ||
other than English required under Subsection (b-1)(5) by | ||
substituting two credits in computer programming languages. | ||
(b-13) In adopting rules under Subsection (b-1), the State | ||
Board of Education shall allow a student to substitute credit in | ||
another appropriate course for the second credit in the same | ||
language in a language other than English otherwise required by | ||
Subsection (b-1)(5) if the student, in completing the first credit | ||
required under Subsection (b-1)(5), demonstrates that the student | ||
is unlikely to be able to complete the second credit. The board | ||
rules must establish: | ||
(1) the standards and, as applicable, the appropriate | ||
school personnel for making a determination under this subsection; | ||
and | ||
(2) appropriate substitute courses for purposes of | ||
this subsection. | ||
(b-14) In adopting rules under Subsection (b-1), the State | ||
Board of Education shall allow a student who, due to disability, is | ||
unable to complete two courses in the same language in a language | ||
other than English, as provided under Subsection (b-1)(5), to | ||
substitute for those credits two credits in English language arts, | ||
mathematics, science, or social studies or two credits in career | ||
and technology education, technology applications, or other | ||
academic electives. A credit allowed to be substituted under this | ||
subsection may not also be used by the student to satisfy a | ||
graduation credit requirement other than credit for completion of a | ||
language other than English. The rules must provide that the | ||
determination regarding a student's ability to participate in | ||
language-other-than-English courses will be made by: | ||
(1) if the student receives special education services | ||
under Subchapter A, Chapter 29, the student's admission, review, | ||
and dismissal committee; or | ||
(2) if the student does not receive special education | ||
services under Subchapter A, Chapter 29, but is covered by Section | ||
504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), the | ||
committee established for the student under that Act. | ||
(b-15) A student may earn a distinguished level of | ||
achievement under the foundation high school program by | ||
successfully completing: | ||
(1) four credits in mathematics, which must include | ||
Algebra II and the courses described by Subsection (b-1)(2); | ||
(2) four credits in science, which must include the | ||
courses described by Subsection (b-1)(3); | ||
(3) the remaining curriculum requirements under | ||
Subsection (b-1); and | ||
(4) the curriculum requirements for at least one | ||
endorsement under Subsection (c-1). | ||
(b-16) A student may satisfy an elective credit required | ||
under Subsection (b-1)(6) with a credit earned to satisfy the | ||
additional curriculum requirements for the distinguished level of | ||
achievement under the foundation high school program or an | ||
endorsement under Subsection (c-1). This subsection may apply to | ||
more than one elective credit. | ||
(b-17) The State Board of Education shall adopt rules to | ||
ensure that a student may comply with the curriculum requirements | ||
under Subsection (b-1)(6) by successfully completing an advanced | ||
career and technical course, including a course that may lead to an | ||
industry-recognized credential or certificate or an associate | ||
degree. | ||
(b-18) In adopting rules under Subsection (b-1), the State | ||
Board of Education shall allow a student to comply with the | ||
curriculum requirements under Subsection (b-1) by successfully | ||
completing a dual credit course. | ||
(b-19) In adopting rules under Subsection (b-1), the State | ||
Board of Education shall adopt criteria to allow a student to comply | ||
with curriculum requirements for the world geography or world | ||
history credit under Subsection (b-1)(4) by successfully | ||
completing a combined world history and world geography course | ||
developed by the State Board of Education. | ||
(c-1) A student may earn an endorsement on the student's | ||
diploma and transcript by successfully completing curriculum | ||
requirements for that endorsement adopted by the State Board of | ||
Education by rule. The State Board of Education by rule shall | ||
provide students with multiple options for earning each | ||
endorsement, including, to the greatest extent possible, coherent | ||
sequences of courses. The State Board of Education by rule must | ||
permit a student to enroll in courses under more than one | ||
endorsement curriculum before the student's junior year. An | ||
endorsement under this subsection may be earned in any of the | ||
following categories: | ||
(1) science, technology, engineering, and mathematics | ||
(STEM), which includes courses directly related to science, | ||
including environmental science, technology, including computer | ||
science, engineering, and advanced mathematics; | ||
(2) business and industry, which includes courses | ||
directly related to database management, information technology, | ||
communications, accounting, finance, marketing, graphic design, | ||
architecture, construction, welding, logistics, automotive | ||
technology, agricultural science, and heating, ventilation, and | ||
air conditioning; | ||
(3) public services, which includes courses directly | ||
related to health sciences and occupations, education and training, | ||
law enforcement, and culinary arts and hospitality; | ||
(4) arts and humanities, which includes courses | ||
directly related to political science, world languages, cultural | ||
studies, English literature, history, and fine arts; and | ||
(5) multidisciplinary studies, which allows a student | ||
to: | ||
(A) select courses from the curriculum of each | ||
endorsement area described by Subdivisions (1) through (4); and | ||
(B) earn credits in a variety of advanced courses | ||
from multiple content areas sufficient to complete the | ||
distinguished level of achievement under the foundation high school | ||
program. | ||
(c-2) In adopting rules under Subsection (c-1), the State | ||
Board of Education shall: | ||
(1) require a student in order to earn any endorsement | ||
to successfully complete: | ||
(A) four credits in mathematics, which must | ||
include: | ||
(i) the courses described by Subsection | ||
(b-1)(2); and | ||
(ii) an additional advanced mathematics | ||
course authorized under Subsection (b-2) or an advanced career and | ||
technology course designated by the State Board of Education; | ||
(B) four credits in science, which must include: | ||
(i) the courses described by Subsection | ||
(b-1)(3); and | ||
(ii) an additional advanced science course | ||
authorized under Subsection (b-2) or an advanced career and | ||
technology course designated by the State Board of Education; and | ||
(C) two elective credits in addition to the | ||
elective credits required under Subsection (b-1)(6); and | ||
(2) develop additional curriculum requirements for | ||
each endorsement with the direct participation of educators and | ||
business, labor, and industry representatives, and shall require | ||
each school district to report to the agency the categories of | ||
endorsements under Subsection (c-1) for which the district offers | ||
all courses for curriculum requirements, as determined by board | ||
rule. | ||
(c-3) In adopting rules under Subsection (c-1), the State | ||
Board of Education shall adopt criteria to allow a student | ||
participating in the arts and humanities endorsement under | ||
Subsection (c-1)(4), with the written permission of the student's | ||
parent or a person standing in parental relation to the student, to | ||
comply with the curriculum requirements for science required under | ||
Subsection (c-2)(1)(B) by substituting for an advanced course | ||
requirement a course related to that endorsement. | ||
(c-4) Each school district must make available to high | ||
school students courses that allow a student to complete the | ||
curriculum requirements for at least one endorsement under | ||
Subsection (c-1). A school district that offers only one | ||
endorsement curriculum must offer the multidisciplinary studies | ||
endorsement curriculum. | ||
(c-5) A student may earn a performance acknowledgment on the | ||
student's diploma and transcript by satisfying the requirements for | ||
that acknowledgment adopted by the State Board of Education by | ||
rule. An acknowledgment under this subsection may be earned: | ||
(1) for outstanding performance: | ||
(A) in a dual credit course; | ||
(B) in bilingualism and biliteracy; | ||
(C) on a college advanced placement test or | ||
international baccalaureate examination; or | ||
(D) on the PSAT, the ACT-Plan, the SAT, or the | ||
ACT; or | ||
(2) for earning a nationally or internationally | ||
recognized business or industry certification or license. | ||
(e) Each school district shall report the academic | ||
achievement record of students who have completed the foundation [ |
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transcript forms adopted by the State Board of Education. The | ||
transcript forms adopted by the board must be designed to clearly | ||
[ |
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identify whether a student received a diploma or a certificate of | ||
coursework completion. | ||
(e-1) A school district shall clearly indicate a | ||
distinguished level of achievement under the foundation high school | ||
program as described by Subsection (b-15), an endorsement described | ||
by Subsection (c-1), and a performance acknowledgment described by | ||
Subsection (c-5) on the diploma and transcript of a student who | ||
satisfies the applicable requirements. The State Board of | ||
Education shall adopt rules as necessary to administer this | ||
subsection. | ||
(e-2) At the end of each school year, each school district | ||
shall report through the Public Education Information Management | ||
System (PEIMS) the number of district students who, during that | ||
school year, were: | ||
(1) enrolled in the foundation high school program; | ||
(2) pursuing the distinguished level of achievement | ||
under the foundation high school program as provided by Subsection | ||
(b-15); and | ||
(3) enrolled in a program to earn an endorsement | ||
described by Subsection (c-1). | ||
(e-3) Information reported under Subsection (e-2) must be | ||
disaggregated by all student groups served by the district, | ||
including categories of race, ethnicity, socioeconomic status, | ||
sex, and populations served by special programs, including students | ||
in special education programs under Subchapter A, Chapter 29. | ||
(h) The commissioner by rule shall adopt a transition plan | ||
to implement and administer the amendments made by H.B. No. 5, 83rd | ||
Legislature, Regular Session, 2013, replacing the minimum, | ||
recommended, and advanced high school programs with the foundation | ||
high school program beginning with the 2014-2015 school year. | ||
Under the transition plan, a student who entered the ninth grade | ||
before the 2014-2015 school year must be permitted to complete the | ||
curriculum requirements required for high school graduation under: | ||
(1) the foundation high school program, if the student | ||
chooses during the 2014-2015 school year to take courses under this | ||
program; | ||
(2) the minimum high school program, as that program | ||
existed before the adoption of H.B. No. 5, 83rd Legislature, | ||
Regular Session, 2013, if the student was participating in that | ||
program before the 2014-2015 school year; | ||
(3) the recommended high school program, as that | ||
program existed before the adoption of H.B. No. 5, 83rd | ||
Legislature, Regular Session, 2013, if the student was | ||
participating in that program before the 2014-2015 school year; or | ||
(4) the advanced high school program, as that program | ||
existed before the adoption of H.B. No. 5, 83rd Legislature, | ||
Regular Session, 2013, if the student was participating in that | ||
program before the 2014-2015 school year. | ||
(h-1) This subsection and Subsection (h) expire September | ||
1, 2018. | ||
(h-2) This subsection applies only to a student | ||
participating in the minimum, recommended, or advanced high school | ||
program who is completing the fourth year of high school during the | ||
2013-2014 school year. The commissioner by rule shall permit a | ||
student who does not satisfy the curriculum requirements of the | ||
high school program in which the student is participating to | ||
graduate if the student satisfies the curriculum requirements | ||
established for the foundation high school program under this | ||
section as amended by H.B. No. 5, 83rd Legislature, Regular | ||
Session, 2013, and any other requirement required for graduation. | ||
This subsection expires September 1, 2015. | ||
(b) Except as provided by Subsection (c) of this section, | ||
this section applies beginning with the 2014-2015 school year. | ||
(c) Section 28.025(h-2), Education Code, as added by this | ||
section, applies during the 2013-2014 school year. | ||
SECTION 17. (a) Section 28.0253(e), Education Code, is | ||
amended to read as follows: | ||
(e) A student who receives a high school diploma through the | ||
pilot program is considered to have earned a distinguished level of | ||
achievement under [ |
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school program adopted under Section 28.025 [ |
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student is not guaranteed admission to any institution of higher | ||
education or to any academic program at an institution of higher | ||
education solely on the basis of having received the diploma | ||
through the program. The student may apply for admission to an | ||
institution of higher education for the first semester or other | ||
academic term after the semester or other academic term in which the | ||
student earns a diploma through the pilot program. | ||
(b) This section applies beginning with the 2014-2015 | ||
school year. | ||
SECTION 18. (a) Section 28.026, Education Code, is amended | ||
to read as follows: | ||
Sec. 28.026. NOTICE OF REQUIREMENTS FOR AUTOMATIC COLLEGE | ||
ADMISSION AND FINANCIAL AID. (a) The board of trustees of a school | ||
district and the governing body of each open-enrollment charter | ||
school that provides a high school shall require each high school in | ||
the district or provided by the charter school, as applicable, to | ||
post appropriate signs in each counselor's office, in each | ||
principal's office, and in each administrative building indicating | ||
the substance of Section 51.803 regarding automatic college | ||
admission and stating the curriculum requirements for financial aid | ||
authorized under Title 3. To assist in the dissemination of that | ||
[ |
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(1) require that each high school counselor and class | ||
advisor be provided a detailed explanation of the substance of | ||
Section 51.803 and the curriculum requirements for financial aid | ||
authorized under Title 3; | ||
(2) provide each district or school student, at the | ||
time the student first registers for one or more classes required | ||
for high school graduation, with a written notification, including | ||
a detailed explanation in plain language, of the substance of | ||
Section 51.803, the curriculum requirements for financial aid | ||
authorized under Title 3, and the benefits of completing the | ||
requirements for that automatic admission and financial aid; | ||
(3) require that each high school counselor and senior | ||
class advisor explain to eligible students the substance of Section | ||
51.803; and | ||
(4) not later than the 14th day after the last day of | ||
classes for the fall semester or an equivalent date in the case of a | ||
school operated on a year-round system under Section 25.084, | ||
provide each [ |
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51.803 and each student enrolled in the junior year of high school | ||
who has a grade point average in the top 10 percent of the student's | ||
high school class, and the student's parent or guardian, with a | ||
written notification of the student's eligibility with a detailed | ||
explanation in plain language of the substance of Section 51.803. | ||
(b) The commissioner shall adopt forms, including specific | ||
language, to use in providing notice under Subsections (a)(2) and | ||
(4). In providing notice under Subsection (a)(2) or (4), a school | ||
district or open-enrollment charter school shall use the | ||
appropriate form adopted by the commissioner. The notice to a | ||
student and the student's parent or guardian under Subsections | ||
(a)(2) and (4) [ |
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contains [ |
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receipt of notice by the student and [ |
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guardian. The notice under Subsection (a)(2) must be signed by the | ||
student's counselor in addition to being signed by the student and | ||
the student's parent or guardian. | ||
(b) This section applies beginning with the 2014-2015 | ||
school year. | ||
SECTION 19. (a) Sections 28.027(a) and (b), Education | ||
Code, are amended to read as follows: | ||
(a) In this section, "applied STEM course" means an applied | ||
science, technology, engineering, or mathematics course offered as | ||
part of a school district's career and technology education or | ||
technology applications curriculum. | ||
(b) The State Board of Education shall establish a process | ||
under which an applied STEM course may be reviewed and approved for | ||
purposes of satisfying the mathematics and science curriculum | ||
requirements for the foundation [ |
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[ |
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substitution of the applied STEM course for a specific mathematics | ||
or science course otherwise required under the foundation | ||
[ |
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course to substitute for a science course taken after successful | ||
completion of biology [ |
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(b) This section applies beginning with the 2014-2015 | ||
school year. | ||
SECTION 20. Section 29.081, Education Code, is amended by | ||
adding Subsections (b-1), (b-2), and (b-3) and amending Subsection | ||
(d) to read as follows: | ||
(b-1) Each school district shall offer before the next | ||
scheduled administration of the assessment instrument, without | ||
cost to the student, additional accelerated instruction to each | ||
student in any subject in which the student failed to perform | ||
satisfactorily on an end-of-course assessment instrument required | ||
for graduation. | ||
(b-2) A district that is required to provide accelerated | ||
instruction under Subsection (b-1) shall separately budget | ||
sufficient funds, including funds under Section 42.152, for that | ||
purpose. A district may not budget funds received under Section | ||
42.152 for any other purpose until the district adopts a budget to | ||
support additional accelerated instruction under Subsection (b-1). | ||
(b-3) A district shall evaluate the effectiveness of | ||
accelerated instruction programs under Subsection (b-1) and | ||
annually hold a public hearing to consider the results. | ||
(d) For purposes of this section, "student at risk of | ||
dropping out of school" includes each student who is under 26 [ |
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years of age and who: | ||
(1) was not advanced from one grade level to the next | ||
for one or more school years; | ||
(2) if the student is in grade 7, 8, 9, 10, 11, or 12, | ||
did not maintain an average equivalent to 70 on a scale of 100 in two | ||
or more subjects in the foundation curriculum during a semester in | ||
the preceding or current school year or is not maintaining such an | ||
average in two or more subjects in the foundation curriculum in the | ||
current semester; | ||
(3) did not perform satisfactorily on an assessment | ||
instrument administered to the student under Subchapter B, Chapter | ||
39, and who has not in the previous or current school year | ||
subsequently performed on that instrument or another appropriate | ||
instrument at a level equal to at least 110 percent of the level of | ||
satisfactory performance on that instrument; | ||
(4) if the student is in prekindergarten, | ||
kindergarten, or grade 1, 2, or 3, did not perform satisfactorily on | ||
a readiness test or assessment instrument administered during the | ||
current school year; | ||
(5) is pregnant or is a parent; | ||
(6) has been placed in an alternative education | ||
program in accordance with Section 37.006 during the preceding or | ||
current school year; | ||
(7) has been expelled in accordance with Section | ||
37.007 during the preceding or current school year; | ||
(8) is currently on parole, probation, deferred | ||
prosecution, or other conditional release; | ||
(9) was previously reported through the Public | ||
Education Information Management System (PEIMS) to have dropped out | ||
of school; | ||
(10) is a student of limited English proficiency, as | ||
defined by Section 29.052; | ||
(11) is in the custody or care of the Department of | ||
Protective and Regulatory Services or has, during the current | ||
school year, been referred to the department by a school official, | ||
officer of the juvenile court, or law enforcement official; | ||
(12) is homeless, as defined by 42 U.S.C. Section | ||
11302, and its subsequent amendments; or | ||
(13) resided in the preceding school year or resides | ||
in the current school year in a residential placement facility in | ||
the district, including a detention facility, substance abuse | ||
treatment facility, emergency shelter, psychiatric hospital, | ||
halfway house, or foster group home. | ||
SECTION 21. (a) Section 29.096(e), Education Code, is | ||
amended to read as follows: | ||
(e) The commissioner shall establish minimum standards for | ||
a local collaborative agreement, including a requirement that the | ||
agreement must be signed by an authorized school district or | ||
open-enrollment charter school officer and an authorized | ||
representative of each of the other participating entities that is | ||
a partner in the collaboration. The program must: | ||
(1) limit participation in the program to students | ||
authorized to participate by a parent or other person standing in | ||
parental relationship; | ||
(2) have as a primary goal graduation from high school | ||
[ |
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(3) provide for local businesses or other employers to | ||
offer paid employment or internship opportunities and advanced | ||
career and vocational training; | ||
(4) include an outreach component and a lead | ||
educational staff member to identify and involve eligible students | ||
and public and private entities in participating in the program; | ||
(5) serve a population of students of which at least 50 | ||
percent are identified as students at risk of dropping out of | ||
school, as described by Section 29.081(d); | ||
(6) allocate not more than 15 percent of grant funds | ||
and matching funds, as determined by the commissioner, to | ||
administrative expenses; | ||
(7) include matching funds from any of the | ||
participating entities; and | ||
(8) include any other requirements as determined by | ||
the council. | ||
(b) This section applies beginning with the 2014-2015 | ||
school year. | ||
SECTION 22. Section 29.182(b), Education Code, is amended | ||
to read as follows: | ||
(b) The state plan must include procedures designed to | ||
ensure that: | ||
(1) all secondary and postsecondary students have the | ||
opportunity to participate in career and technology education | ||
programs; | ||
(2) the state complies with requirements for | ||
supplemental federal career and technology education funding; | ||
[ |
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(3) career and technology education is established as | ||
a part of the total education system of this state and constitutes | ||
an option for student learning that provides a rigorous course of | ||
study consistent with the required curriculum under Section 28.002 | ||
and under which a student may receive specific education in a career | ||
and technology program that: | ||
(A) incorporates competencies leading to | ||
academic and technical skill attainment; | ||
(B) leads to: | ||
(i) an industry-recognized license, | ||
credential, or certificate; or | ||
(ii) at the postsecondary level, an | ||
associate or baccalaureate degree; | ||
(C) includes opportunities for students to earn | ||
college credit for coursework; and | ||
(D) includes, as an integral part of the program, | ||
participation by students and teachers in activities of career and | ||
technical student organizations supported by the agency and the | ||
State Board of Education; and | ||
(4) a school district provides, to the greatest extent | ||
possible, to a student participating in a career and technology | ||
education program opportunities to enroll in dual credit courses | ||
designed to lead to a degree, license, or certification as part of | ||
the program. | ||
SECTION 23. (a) Sections 29.190(a) and (c), Education | ||
Code, are amended to read as follows: | ||
(a) A student is entitled to a subsidy under this section | ||
if: | ||
(1) the student: | ||
(A) successfully completes the career and | ||
technology program of a school district in which the student | ||
receives training and instruction for employment [ |
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(B) is enrolled in a special education program | ||
under Subchapter A; and | ||
(2) the student passes a certification examination to | ||
qualify for a license or certificate [ |
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(c) On approval by the commissioner, the agency shall pay | ||
each school district an amount equal to the cost paid by the | ||
district [ |
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reimbursement for a subsidy paid under this section, a district | ||
must: | ||
(1) pay the fee for the examination [ |
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(2) submit to the commissioner a written application | ||
on a form prescribed by the commissioner stating the amount of the | ||
fee paid under Subdivision (1) for the certification examination. | ||
(b) This section applies beginning with the 2013-2014 | ||
school year. | ||
SECTION 24. (a) Section 29.402(b), Education Code, is | ||
amended to read as follows: | ||
(b) A person who is under 26 years of age is eligible to | ||
enroll in a dropout recovery program under this subchapter if the | ||
person: | ||
(1) must complete not more than three course credits | ||
to complete the curriculum requirements for the foundation | ||
[ |
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(2) has failed to perform satisfactorily on an | ||
end-of-course assessment instrument administered under Section | ||
39.023(c) or an assessment instrument administered under Section | ||
39.023(c) as that section existed before amendment by Chapter 1312 | ||
(S.B. 1031), Acts of the 80th Legislature, Regular Session, 2007. | ||
(b) This section applies beginning with the 2014-2015 | ||
school year. | ||
SECTION 25. (a) Section 29.904(d), Education Code, is | ||
amended to read as follows: | ||
(d) A plan developed under this section: | ||
(1) must establish clear, achievable goals for | ||
increasing the percentage of the school district's graduating | ||
seniors, particularly the graduating seniors attending a high | ||
school described by Subsection (a), who enroll in an institution of | ||
higher education for the academic year following graduation; | ||
(2) must establish an accurate method of measuring | ||
progress toward the goals established under Subdivision (1) that | ||
may include the percentage of district high school students and the | ||
percentage of students attending a district high school described | ||
by Subsection (a) who: | ||
(A) are enrolled in a course for which a student | ||
may earn college credit, such as an advanced placement or | ||
international baccalaureate course or a course offered through | ||
concurrent enrollment in high school and at an institution of | ||
higher education; | ||
(B) are enrolled in courses that meet the | ||
curriculum requirements for the distinguished level of achievement | ||
under the foundation [ |
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as determined under Section 28.025; | ||
(C) have submitted a free application for federal | ||
student aid (FAFSA); | ||
(D) are exempt under Section 51.3062(p) or (q) | ||
from administration of an assessment instrument under Section | ||
51.3062 or have performed successfully on an assessment instrument | ||
under Section 51.3062; | ||
(E) graduate from high school; | ||
(F) graduate from an institution of higher | ||
education; and | ||
(G) have taken college entrance examinations and | ||
the average score of those students on the examinations; | ||
(3) must cover a period of at least five years; and | ||
(4) may be directed at district students at any level | ||
of primary or secondary education. | ||
(b) This section applies beginning with the 2014-2015 | ||
school year. | ||
SECTION 26. (a) Section 31.0211(c), Education Code, is | ||
amended to read as follows: | ||
(c) Subject to Subsection (d), funds allotted under this | ||
section may be used to: | ||
(1) purchase: | ||
(A) materials on the list adopted by the | ||
commissioner, as provided by Section 31.0231; | ||
(B) instructional materials, regardless of | ||
whether the instructional materials are on the list adopted under | ||
Section 31.024; | ||
(C) consumable instructional materials, | ||
including workbooks; | ||
(D) instructional materials for use in bilingual | ||
education classes, as provided by Section 31.029; | ||
(E) instructional materials for use in college | ||
preparatory courses under Section 28.014, as provided by Section | ||
31.031; | ||
(F) supplemental instructional materials, as | ||
provided by Section 31.035; | ||
(G) [ |
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instructional materials, as provided by Subchapter B-1; | ||
(H) [ |
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technological equipment under any continuing contracts of the | ||
district in effect on September 1, 2011; and | ||
(I) [ |
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support the use of materials included on the list adopted by the | ||
commissioner under Section 31.0231 or any instructional materials | ||
purchased with an allotment under this section; and | ||
(2) pay: | ||
(A) for training educational personnel directly | ||
involved in student learning in the appropriate use of | ||
instructional materials and for providing for access to | ||
technological equipment for instructional use; and | ||
(B) the salary and other expenses of an employee | ||
who provides technical support for the use of technological | ||
equipment directly involved in student learning. | ||
(b) This section applies beginning with the 2014-2015 | ||
school year. | ||
SECTION 27. Subchapter B, Chapter 31, Education Code, is | ||
amended by adding Section 31.0215 to read as follows: | ||
Sec. 31.0215. INSTRUCTIONAL MATERIAL ALLOTMENT PURCHASES. | ||
(a) The commissioner shall, as early as practicable during each | ||
fiscal year, notify each school district and open-enrollment | ||
charter school of the estimated amount to which the district or | ||
charter school will be entitled under Section 31.0211 during the | ||
next fiscal year. | ||
(b) The commissioner may allow a school district or | ||
open-enrollment charter school to place an order for instructional | ||
materials before the beginning of a fiscal year and to receive | ||
instructional materials before payment. The commissioner shall | ||
limit the cost of an order placed under this section to 80 percent | ||
of the estimated amount to which a school district or | ||
open-enrollment charter school is estimated to be entitled as | ||
provided by Subsection (a) and shall first credit any balance in a | ||
district or charter school instructional materials account to pay | ||
for an order placed under this section. | ||
(c) The commissioner shall make payments for orders placed | ||
under this section as funds become available to the instructional | ||
materials fund and shall prioritize payment of orders placed under | ||
this section over reimbursement of purchases made directly by a | ||
school district or open-enrollment charter school. | ||
(d) The commissioner shall ensure that publishers of | ||
instructional materials are informed of any potential delay in | ||
payment and that payment is subject to the availability of | ||
appropriated funds. A publisher may decline to accept an order | ||
placed under this section. | ||
(e) Chapter 2251, Government Code, does not apply to | ||
purchases of instructional materials under this section. | ||
(f) The commissioner may adopt rules to implement this | ||
section. | ||
SECTION 28. (a) Subchapter B, Chapter 31, Education Code, | ||
is amended by adding Section 31.031 to read as follows: | ||
Sec. 31.031. COLLEGE PREPARATORY INSTRUCTIONAL MATERIALS. | ||
(a) A school district may purchase with the district's | ||
instructional materials allotment or otherwise acquire | ||
instructional materials for use in college preparatory courses | ||
under Section 28.014. | ||
(b) The commissioner shall adopt rules regarding the | ||
purchase of instructional materials under this section. | ||
(b) This section applies beginning with the 2014-2015 | ||
school year. | ||
SECTION 29. (a) The heading to Section 33.007, Education | ||
Code, is amended to read as follows: | ||
Sec. 33.007. COUNSELING REGARDING POSTSECONDARY [ |
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EDUCATION. | ||
(b) This section takes effect beginning with the 2014-2015 | ||
school year. | ||
SECTION 30. (a) Sections 33.007(a) and (b), Education | ||
Code, are amended to read as follows: | ||
(a) Each school counselor at an elementary, middle, or | ||
junior high school, including an open-enrollment charter school | ||
offering those grades, shall advise students and their parents or | ||
guardians regarding the importance of postsecondary [ |
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education, coursework designed to prepare students for | ||
postsecondary [ |
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and requirements. | ||
(b) During the first school year a student is enrolled in a | ||
high school or at the high school level in an open-enrollment | ||
charter school, and again during each [ |
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student's enrollment in high school or at the high school level, a | ||
school counselor shall provide information about postsecondary | ||
[ |
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guardian. The information must include information regarding: | ||
(1) the importance of postsecondary [ |
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education; | ||
(2) the advantages of earning an endorsement and a | ||
performance acknowledgment and completing the distinguished level | ||
of achievement under the foundation [ |
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school program [ |
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(3) the disadvantages of taking courses to prepare for | ||
a high school equivalency examination relative to the benefits of | ||
taking courses leading to a high school diploma; | ||
(4) financial aid eligibility; | ||
(5) instruction on how to apply for federal financial | ||
aid; | ||
(6) the center for financial aid information | ||
established under Section 61.0776; | ||
(7) the automatic admission of certain students to | ||
general academic teaching institutions as provided by Section | ||
51.803; | ||
(8) the eligibility and academic performance | ||
requirements for the TEXAS Grant as provided by Subchapter M, | ||
Chapter 56; and | ||
(9) the availability of programs in the district under | ||
which a student may earn college credit, including advanced | ||
placement programs, dual credit programs, joint high school and | ||
college credit programs, and international baccalaureate programs. | ||
(b) This section applies beginning with the 2014-2015 | ||
school year. | ||
SECTION 31. (a) Section 39.023, Education Code, is amended | ||
by amending Subsections (a-2), (b), (c), (c-3), (e), and (h) and | ||
adding Subsections (b-1), (e-1), (e-2), and (e-3) to read as | ||
follows: | ||
(a-2) Except as required by federal law, a [ |
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not required to be assessed in a subject otherwise assessed at the | ||
student's grade level under Subsection (a) if the student: | ||
(1) is enrolled in a course in the subject intended for | ||
students above the student's grade level and will be administered | ||
an assessment instrument adopted or developed under Subsection (a) | ||
that aligns with the curriculum for the course in which the student | ||
is enrolled; or | ||
(2) is enrolled in a course in the subject for which | ||
the student will receive high school academic credit and will be | ||
administered an end-of-course assessment instrument adopted under | ||
Subsection (c) for the course. | ||
(b) The agency shall develop or adopt appropriate | ||
criterion-referenced alternative assessment instruments to be | ||
administered to each student in a special education program under | ||
Subchapter A, Chapter 29, for whom an assessment instrument adopted | ||
under Subsection (a), even with allowable accommodations, would not | ||
provide an appropriate measure of student achievement, as | ||
determined by the student's admission, review, and dismissal | ||
committee, including assessment instruments approved by the | ||
commissioner that measure growth. The assessment instruments | ||
developed or adopted under this subsection, including the | ||
assessment instruments approved by the commissioner, must, to the | ||
extent allowed under federal law, provide a district with options | ||
for the assessment of students under this subsection. | ||
(b-1) The agency, in conjunction with appropriate | ||
interested persons, shall redevelop assessment instruments adopted | ||
or developed under Subsection (b) for administration to | ||
significantly cognitively disabled students in a manner consistent | ||
with federal law. An assessment instrument under this subsection | ||
may not require a teacher to prepare tasks or materials for a | ||
student who will be administered such an assessment instrument. | ||
Assessment instruments adopted or developed under this subsection | ||
shall be administered not later than the 2014-2015 school year. | ||
(c) The agency shall also adopt end-of-course assessment | ||
instruments for secondary-level courses in Algebra I, [ |
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[ |
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history. The Algebra I [ |
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assessment instrument [ |
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aid of technology. The English I and English II end-of-course | ||
assessment instruments must each assess essential knowledge and | ||
skills in both reading and writing in the same assessment | ||
instrument and must provide a single score. A school district shall | ||
comply with State Board of Education rules regarding administration | ||
of the assessment instruments listed in this subsection [ |
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If a student is in a special education program under Subchapter A, | ||
Chapter 29, the student's admission, review, and dismissal | ||
committee shall determine whether any allowable modification is | ||
necessary in administering to the student an assessment instrument | ||
required under this subsection. The State Board of Education shall | ||
administer the assessment instruments. The State Board of | ||
Education shall adopt a schedule for the administration of | ||
end-of-course assessment instruments that complies with the | ||
requirements of Subsection (c-3). | ||
(c-3) In adopting a schedule for the administration of | ||
assessment instruments under this section, the State Board of | ||
Education shall require: | ||
(1) assessment instruments administered under | ||
Subsection (a) to be administered on a schedule so that the first | ||
assessment instrument is administered at least two weeks later than | ||
the date on which the first assessment instrument was administered | ||
under Subsection (a) during the 2006-2007 school year; and | ||
(2) the spring administration of end-of-course | ||
assessment instruments under Subsection (c) to occur in each school | ||
district not earlier than the first full week in May, except that | ||
the spring administration of the end-of-course assessment | ||
instruments in English I and[ |
||
be permitted to occur at an earlier date. | ||
(e) Under rules adopted by the State Board of Education, | ||
every third year, the agency shall release the questions and answer | ||
keys to each assessment instrument administered under Subsection | ||
(a), (b), (c), (d), or (l), excluding any assessment instrument | ||
administered to a student for the purpose of retaking the | ||
assessment instrument, after the last time the instrument is | ||
administered for that school year. To ensure a valid bank of | ||
questions for use each year, the agency is not required to release a | ||
question that is being field-tested and was not used to compute the | ||
student's score on the instrument. The agency shall also release, | ||
under board rule, each question that is no longer being | ||
field-tested and that was not used to compute a student's score. | ||
During the 2014-2015 and 2015-2016 school years, the agency shall | ||
release the questions and answer keys to assessment instruments as | ||
described by this subsection each year. | ||
(e-1) Under rules adopted by the commissioner, for the | ||
2012-2013 school year, the agency each year shall release the | ||
questions and answer keys to each assessment instrument | ||
administered under Subsection (a), (c), (d), or (l), excluding any | ||
assessment instrument administered to a student for the purpose of | ||
retaking the assessment instrument, after the last time the | ||
instrument is administered for that school year. This subsection | ||
expires December 31, 2013. | ||
(e-2) Under rules adopted by the commissioner, for the | ||
2013-2014 school year, the agency each year shall release the | ||
questions and answer keys to each assessment instrument | ||
administered under Subsection (b), (c), or (l), excluding any | ||
assessment instrument administered to a student for the purpose of | ||
retaking the assessment instrument and any assessment instrument | ||
covering a subject or course for which the questions and answer keys | ||
for the 2012-2013 assessment instrument covering that subject or | ||
course were released, after the last time the instrument is | ||
administered for the 2013-2014 school year. This subsection expires | ||
December 31, 2014. | ||
(e-3) Under rules adopted by the commissioner, for the | ||
2013-2014 school year, the agency each year shall release the | ||
questions and answer keys to each assessment instrument | ||
administered under Subsection (a), (b), (c), (d), or (l) during the | ||
2013-2014 school year after the last time any assessment instrument | ||
is administered for the 2013-2014 school year. This subsection | ||
expires December 31, 2014. | ||
(h) The agency shall notify school districts and campuses of | ||
the results of assessment instruments administered under this | ||
section [ |
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the assessment instrument is administered [ |
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each district teacher the results of assessment instruments | ||
administered to students taught by the teacher in the subject for | ||
the school year in which the assessment instrument is administered. | ||
(b) This section applies beginning with the 2013-2014 | ||
school year. | ||
SECTION 32. (a) Section 39.0232, Education Code, is | ||
amended to read as follows: | ||
Sec. 39.0232. USE OF END-OF-COURSE ASSESSMENT INSTRUMENT AS | ||
PLACEMENT INSTRUMENT; CERTAIN USES PROHIBITED. (a) To the extent | ||
practicable, the agency shall ensure that any high school | ||
end-of-course assessment instrument developed by the agency is | ||
developed in such a manner that the assessment instrument may be | ||
used to determine the appropriate placement of a student in a course | ||
of the same subject matter at an institution of higher education. | ||
(b) A student's performance on an end-of-course assessment | ||
instrument may not be used: | ||
(1) in determining the student's class ranking for any | ||
purpose, including entitlement to automatic college admission | ||
under Section 51.803 or 51.804; or | ||
(2) as a sole criterion in the determination of | ||
whether to admit the student to a general academic teaching | ||
institution in this state. | ||
(c) Subsection (b)(2) does not prohibit a general academic | ||
teaching institution from implementing an admission policy that | ||
takes into consideration a student's performance on an | ||
end-of-course assessment instrument in addition to other criteria. | ||
(d) In this section, "general academic teaching | ||
institution" has the meaning assigned by Section 61.003. | ||
(b) This section applies beginning with the 2013-2014 | ||
school year. | ||
SECTION 33. (a) Section 39.0233(a), Education Code, is | ||
amended to read as follows: | ||
(a) The agency, in coordination with the Texas Higher | ||
Education Coordinating Board, shall adopt a series of questions to | ||
be included in an end-of-course assessment instrument administered | ||
under Section 39.023(c) to be used for purposes of Section 51.3062. | ||
The questions adopted under this subsection must be developed in a | ||
manner consistent with any college readiness standards adopted | ||
under Sections 39.233 [ |
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(b) This section applies beginning with the 2013-2014 | ||
school year. | ||
SECTION 34. (a) Subchapter B, Chapter 39, Education Code, | ||
is amended by adding Section 39.0238 to read as follows: | ||
Sec. 39.0238. ADOPTION AND ADMINISTRATION OF POSTSECONDARY | ||
READINESS ASSESSMENT INSTRUMENTS. (a) In addition to other | ||
assessment instruments adopted and developed under this | ||
subchapter, the agency shall adopt or develop appropriate | ||
postsecondary readiness assessment instruments for Algebra II and | ||
English III that a school district may administer at the district's | ||
option. | ||
(b) To the extent practicable, the agency shall ensure that | ||
each postsecondary readiness assessment instrument: | ||
(1) assesses essential knowledge and skills and | ||
growth; | ||
(2) is developed in a manner that measures a student's | ||
performance under the college readiness standards established | ||
under Section 28.008; and | ||
(3) is validated by national postsecondary education | ||
experts for college readiness content and performance standards. | ||
(c) In adopting a schedule for the administration of | ||
postsecondary readiness assessment instruments under this section, | ||
the State Board of Education shall require the annual | ||
administration of the postsecondary readiness assessment | ||
instruments to occur not earlier than the second full week in May. | ||
(d) The agency shall adopt a policy requiring each school | ||
district that elects to administer postsecondary readiness | ||
assessment instruments under Subsection (a) to annually: | ||
(1) administer the applicable postsecondary readiness | ||
assessment instrument to each student enrolled in a course for | ||
which a postsecondary readiness assessment instrument is adopted or | ||
developed under Subsection (a), including applied Algebra II; and | ||
(2) report the results of the postsecondary readiness | ||
assessment instruments to the agency. | ||
(e) The agency shall annually deliver a report to the | ||
governor, the lieutenant governor, the speaker of the house of | ||
representatives, and the presiding officers of the standing | ||
committees of the legislature with jurisdiction over public | ||
education. The report must include a summary of student performance | ||
on the preceding year's postsecondary readiness assessment | ||
instruments. | ||
(f) The results of a postsecondary readiness assessment | ||
instrument administered under this section may not be used by: | ||
(1) the agency for accountability purposes for a | ||
school campus or school district; | ||
(2) a school district: | ||
(A) for the purpose of teacher evaluations; or | ||
(B) in determining a student's final course grade | ||
or determining a student's class rank for the purpose of high school | ||
graduation; or | ||
(3) an institution of higher education: | ||
(A) for admission purposes; or | ||
(B) to determine eligibility for a TEXAS grant. | ||
(g) A school district may not administer an additional | ||
benchmark assessment instrument solely for the purpose of preparing | ||
for a postsecondary readiness assessment instrument administered | ||
under this section. In this subsection, "benchmark assessment | ||
instrument" means a district-required assessment instrument | ||
designed to prepare students for a postsecondary readiness | ||
assessment instrument administered under this section. | ||
(h) The agency shall acknowledge a school district that | ||
elects to administer the postsecondary readiness assessment | ||
instruments as provided by Subsection (a). | ||
(b) This section applies beginning with the 2015-2016 | ||
school year. | ||
SECTION 35. (a) Section 39.025, Education Code, is amended | ||
by amending Subsections (a), (a-1), (b), and (b-2) and adding | ||
Subsection (a-4) to read as follows: | ||
(a) The commissioner shall adopt rules requiring a student | ||
participating in the recommended or advanced high school program to | ||
be administered each end-of-course assessment instrument listed in | ||
Section 39.023(c) and requiring a student participating in the | ||
minimum high school program to be administered an end-of-course | ||
assessment instrument listed in Section 39.023(c) only for a course | ||
in which the student is enrolled and for which an end-of-course | ||
assessment instrument is administered. A student is required to | ||
achieve[ |
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indicates satisfactory performance, as determined by the | ||
commissioner under Section 39.0241(a), on each end-of-course | ||
assessment instrument listed under Section 39.023(c) that is | ||
administered to the student as provided by this subsection. For | ||
each scale score required under this subsection that is not based on | ||
a 100-point scale scoring system, the commissioner shall provide | ||
for conversion, in accordance with commissioner rule, of the scale | ||
score to an equivalent score based on a 100-point scale scoring | ||
system. [ |
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not receive a high school diploma until the student has performed | ||
satisfactorily on [ |
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the manner provided under this subsection. This subsection does | ||
not require a student to demonstrate readiness to enroll in an | ||
institution of higher education. | ||
(a-1) A student enrolled in a college preparatory course | ||
under Section 28.014 who satisfies the Texas Success Initiative | ||
(TSI) college readiness benchmarks prescribed by the Texas Higher | ||
Education Coordinating Board under Section 51.3062(f) on an | ||
assessment instrument designated by the Texas Higher Education | ||
Coordinating Board under Section 51.3062(c) administered at the end | ||
of the college preparatory course satisfies the requirements | ||
concerning an end-of-course assessment in an equivalent course as | ||
prescribed by Subsection (a). The commissioner [ |
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determine a method by which a student's satisfactory performance on | ||
an advanced placement test, an international baccalaureate | ||
examination, an SAT Subject Test, the SAT, the ACT, or any | ||
nationally recognized norm-referenced [ |
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instrument used by institutions of higher education to award course | ||
credit based on satisfactory performance on the [ |
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assessment instrument shall [ |
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be used to satisfy [ |
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instrument in an equivalent course as prescribed by [ |
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(a)[ |
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method by which a student's satisfactory performance on the PSAT [ |
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ACT-Plan shall [ |
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end-of-course assessment instrument in an equivalent course as | ||
prescribed by [ |
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satisfactorily on a test or other assessment instrument authorized | ||
under this subsection, other than the PSAT or the ACT-Plan, may | ||
retake that test or other assessment instrument for purposes of | ||
this subsection or may take the appropriate end-of-course | ||
assessment instrument. A student who fails to perform | ||
satisfactorily on the PSAT or the ACT-Plan must take the | ||
appropriate end-of-course assessment instrument. The commissioner | ||
shall adopt rules as necessary for the administration of this | ||
subsection. | ||
(a-4) The admission, review, and dismissal committee of a | ||
student in a special education program under Subchapter A, Chapter | ||
29, shall determine whether, to receive a high school diploma, the | ||
student is required to achieve satisfactory performance on | ||
end-of-course assessment instruments. | ||
(b) Each time an end-of-course assessment instrument | ||
adopted under Section 39.023(c) is administered, a student who | ||
failed to achieve a [ |
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(a) may [ |
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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 [ |
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score requirement under Subsection (a) [ |
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more end-of-course assessment instruments administered to the | ||
student as provided [ |
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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 [ |
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score on the end-of-course assessment instrument for the college | ||
preparatory course towards satisfying the [ |
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requirement [ |
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(b) This section applies beginning with the 2013-2014 | ||
school year. | ||
SECTION 36. (a) Effective September 1, 2014, Section | ||
39.025(a), Education Code, is amended to read as follows: | ||
(a) The commissioner shall adopt rules requiring a student | ||
[ |
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school program under Section 28.025 to be administered each | ||
end-of-course assessment instrument listed in Section 39.023(c) | ||
[ |
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satisfactory performance, as determined by the commissioner under | ||
Section 39.0241(a), on each end-of-course assessment instrument | ||
listed under Section 39.023(c). For each scale score required | ||
under this subsection that is not based on a 100-point scale scoring | ||
system, the commissioner shall provide for conversion, in | ||
accordance with commissioner rule, of the scale score to an | ||
equivalent score based on a 100-point scale scoring system. [ |
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not receive a high school diploma until the student has performed | ||
satisfactorily on [ |
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the manner provided under this subsection. This subsection does | ||
not require a student to demonstrate readiness to enroll in an | ||
institution of higher education. | ||
(b) This section applies beginning with the 2014-2015 | ||
school year. | ||
SECTION 37. (a) Subchapter B, Chapter 39, Education Code, | ||
is amended by adding Section 39.0263 to read as follows: | ||
Sec. 39.0263. ADMINISTRATION OF DISTRICT-REQUIRED | ||
BENCHMARK ASSESSMENT INSTRUMENTS TO PREPARE STUDENTS FOR | ||
STATE-ADMINISTERED ASSESSMENT INSTRUMENTS. (a) In this section, | ||
"benchmark assessment instrument" means a district-required | ||
assessment instrument designed to prepare students for a | ||
corresponding state-administered assessment instrument. | ||
(b) Except as provided by Subsection (c), a school district | ||
may not administer to any student more than two benchmark | ||
assessment instruments to prepare the student for a corresponding | ||
state-administered assessment instrument. | ||
(c) The prohibition prescribed by this section does not | ||
apply to the administration of a college preparation assessment | ||
instrument, including the PSAT, the ACT-Plan, the SAT, or the ACT, | ||
an advanced placement test, an international baccalaureate | ||
examination, or an independent classroom examination designed or | ||
adopted and administered by a classroom teacher. | ||
(d) A parent of or person standing in parental relation to a | ||
student who has special needs, as determined in accordance with | ||
commissioner rule, may request administration to the student of | ||
additional benchmark assessment instruments. | ||
(b) This section applies beginning with the 2013-2014 | ||
school year. | ||
SECTION 38. (a) Section 39.027, Education Code, is amended | ||
by adding Subsection (a-2) to read as follows: | ||
(a-2) Unless a student is enrolled in a school in the United | ||
States for a period of at least 60 consecutive days during a year, | ||
the student may not be considered to be enrolled in a school in the | ||
United States for that year for the purpose of determining a number | ||
of years under Subsection (a)(1), (2), or (3). | ||
(b) This section applies beginning with the 2013-2014 | ||
school year. | ||
SECTION 39. Section 39.0301, Education Code, is amended by | ||
adding Subsection (a-1) to read as follows: | ||
(a-1) In establishing procedures under Subsection (a)(1) | ||
for the administration of assessment instruments, the commissioner | ||
shall ensure that the procedures are designed to minimize | ||
disruptions to school operations and the classroom environment. In | ||
implementing the procedures established under Subsection (a)(1) | ||
for the administration of assessment instruments, a school district | ||
shall minimize disruptions to school operations and the classroom | ||
environment. | ||
SECTION 40. Subchapter B, Chapter 39, Education Code, is | ||
amended by adding Section 39.038 to read as follows: | ||
Sec. 39.038. RESTRICTION ON APPOINTMENTS TO ADVISORY | ||
COMMITTEES. The commissioner may not appoint a person to a | ||
committee or panel that advises the commissioner or agency | ||
regarding state accountability systems under this title or the | ||
content or administration of an assessment instrument if the person | ||
is retained or employed by an assessment instrument vendor. | ||
SECTION 41. (a) Subchapter B, Chapter 39, Education Code, | ||
is amended by adding Section 39.039 to read as follows: | ||
Sec. 39.039. PROHIBITION ON POLITICAL CONTRIBUTION OR | ||
ACTIVITY BY CERTAIN CONTRACTORS. (a) A person who is an agent of an | ||
entity that has been contracted to develop or implement assessment | ||
instruments required under Section 39.023 commits an offense if the | ||
person makes or authorizes a political contribution to or takes | ||
part in, directly or indirectly, the campaign of any person seeking | ||
election to or serving on the State Board of Education. | ||
(b) A person who is an agent of an entity that has been | ||
contracted to develop or implement assessment instruments required | ||
under Section 39.023 commits an offense if the person serves as a | ||
member of a formal or informal advisory committee established by | ||
the commissioner, agency staff, or the State Board of Education to | ||
advise the commissioner, agency staff, or the State Board of | ||
Education regarding policies or implementation of the requirements | ||
of this subchapter. | ||
(c) An offense under this section is a Class B misdemeanor. | ||
(b) This section applies September 1, 2013. | ||
SECTION 42. (a) Section 39.053, Education Code, is amended | ||
by amending Subsections (c) and (g-1) and adding Subsections (c-1) | ||
and (c-2) to read as follows: | ||
(c) Indicators of student achievement adopted under this | ||
section must include: | ||
(1) the results of assessment instruments required | ||
under Sections 39.023(a), (c), and (l), including the results of | ||
assessment instruments required for graduation retaken by a | ||
student, aggregated across grade levels by subject area, including: | ||
(A) for the performance standard determined by | ||
the commissioner under Section 39.0241(a): | ||
(i) the percentage of students who | ||
performed satisfactorily on the assessment instruments, aggregated | ||
across grade levels by subject area; and | ||
(ii) for students who did not perform | ||
satisfactorily, the percentage of students who met the standard for | ||
annual improvement, as determined by the agency under Section | ||
39.034, on the assessment instruments, aggregated across grade | ||
levels by subject area; and | ||
(B) for the college readiness performance | ||
standard as determined under Section 39.0241: | ||
(i) the percentage of students who | ||
performed satisfactorily on the assessment instruments, aggregated | ||
across grade levels by subject area; and | ||
(ii) for students who did not perform | ||
satisfactorily, the percentage of students who met the standard for | ||
annual improvement, as determined by the agency under Section | ||
39.034, on the assessment instruments, aggregated across grade | ||
levels by subject area; | ||
(2) dropout rates, including dropout rates and | ||
district completion rates for grade levels 9 through 12, computed | ||
in accordance with standards and definitions adopted by the | ||
National Center for Education Statistics of the United States | ||
Department of Education; [ |
||
(3) high school graduation rates, computed in | ||
accordance with standards and definitions adopted in compliance | ||
with the No Child Left Behind Act of 2001 (20 U.S.C. Section 6301 et | ||
seq.); | ||
(4) the percentage of students who successfully | ||
completed the curriculum requirements for the distinguished level | ||
of achievement under the foundation high school program; | ||
(5) the percentage of students who successfully | ||
completed the curriculum requirements for an endorsement under | ||
Section 28.025(c-1); and | ||
(6) at least three additional indicators of student | ||
achievement to evaluate district and campus performance, which must | ||
include either: | ||
(A) the percentage of students who satisfy the | ||
Texas Success Initiative (TSI) college readiness benchmarks | ||
prescribed by the Texas Higher Education Coordinating Board under | ||
Section 51.3062(f) on an assessment instrument in reading, | ||
writing, or mathematics designated by the Texas Higher Education | ||
Coordinating Board under Section 51.3062(c); or | ||
(B) the number of students who earn: | ||
(i) at least 12 hours of postsecondary | ||
credit required for the foundation high school program under | ||
Section 28.025 or to earn an endorsement under Section 28.025(c-1); | ||
(ii) at least 30 hours of postsecondary | ||
credit required for the foundation high school program under | ||
Section 28.025 or to earn an endorsement under Section 28.025(c-1); | ||
(iii) an associate's degree; or | ||
(iv) an industry certification. | ||
(c-1) An indicator adopted under Subsection (c) that would | ||
measure improvements in student achievement cannot negatively | ||
affect the commissioner's review of a school district or campus if | ||
that district or campus is already achieving at the highest level | ||
for that indicator. | ||
(c-2) The commissioner by rule shall determine a method by | ||
which a student's performance may be included in determining the | ||
performance rating of a school district or campus under Section | ||
39.054 if, before the student graduates, the student: | ||
(1) satisfies the Texas Success Initiative (TSI) | ||
college readiness benchmarks prescribed by the Texas Higher | ||
Education Coordinating Board under Section 51.3062(f) on an | ||
assessment instrument designated by the Texas Higher Education | ||
Coordinating Board under Section 51.3062(c); or | ||
(2) performs satisfactorily on an assessment | ||
instrument under Section 39.023(c), notwithstanding Subsection | ||
(d). | ||
(g-1) In computing dropout and completion rates under | ||
Subsection (c)(2), the commissioner shall exclude: | ||
(1) students who are ordered by a court to attend a | ||
high school equivalency certificate program but who have not yet | ||
earned a high school equivalency certificate; | ||
(2) students who were previously reported to the state | ||
as dropouts, including a student who is reported as a dropout, | ||
reenrolls, and drops out again, regardless of the number of times of | ||
reenrollment and dropping out; | ||
(3) students in attendance who are not in membership | ||
for purposes of average daily attendance; | ||
(4) students whose initial enrollment in a school in | ||
the United States in grades 7 through 12 was as unschooled refugees | ||
or asylees as defined by Section 39.027(a-1); | ||
(5) students who are in the district exclusively as a | ||
function of having been detained at a county detention facility but | ||
are otherwise not students of the district in which the facility is | ||
located; and | ||
(6) students who are incarcerated in state jails and | ||
federal penitentiaries as adults and as persons certified to stand | ||
trial as adults. | ||
(b) This section applies beginning with the 2013-2014 | ||
school year. | ||
SECTION 43. (a) Section 39.053(f), Education Code, is | ||
amended to read as follows: | ||
(f) Annually, the commissioner shall define the state | ||
standard for the current school year for each student achievement | ||
indicator described by Subsection (c) and shall project the state | ||
standards for each indicator for the following two school years. | ||
The commissioner shall periodically raise the state standards for | ||
the student achievement indicator described by Subsection | ||
(c)(1)(B)(i) for accreditation as necessary to reach the goals of | ||
achieving, by not later than the 2019-2020 school year: | ||
(1) student performance in this state, disaggregated | ||
by race, ethnicity, and socioeconomic status, that ranks nationally | ||
in the top 10 states in terms of college readiness; and | ||
(2) student performance, [ |
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and socioeconomic status. | ||
(b) This section applies beginning with the 2014-2015 | ||
school year. | ||
SECTION 44. (a) Section 39.054(a), Education Code, is | ||
amended to read as follows: | ||
(a) The commissioner shall adopt rules to evaluate school | ||
district and campus performance and[ |
||
|
||
of A, B, C, D, or F. In adopting rules under this subsection, the | ||
commissioner shall determine the criteria for each designated | ||
letter performance rating. A district performance rating of A, B, | ||
or C [ |
||
performance rating of D or F reflects [ |
||
performance. The commissioner shall also assign each campus a | ||
performance rating of exemplary, recognized, acceptable, or | ||
unacceptable. A campus performance rating of exemplary, | ||
recognized, or acceptable reflects acceptable performance, and a | ||
campus performance rating of unacceptable reflects unacceptable | ||
performance. A district may not receive a performance rating of A | ||
if the district includes any campus with a performance rating of | ||
unacceptable. Not later than August 8 of each year, the performance | ||
rating of each district and campus shall be made publicly available | ||
as provided by rules adopted under this subsection. If a district | ||
or campus received a performance rating that reflected [ |
||
unacceptable performance for the preceding school year, the | ||
commissioner shall notify the district of a subsequent such | ||
designation on or before June 15. | ||
(b) This section applies beginning with the 2016-2017 | ||
school year. | ||
SECTION 45. (a) Section 39.054(b), Education Code, is | ||
amended to read as follows: | ||
(b) In evaluating performance, the commissioner shall | ||
evaluate against state standards and consider the performance of | ||
each campus in a school district and each open-enrollment charter | ||
school on the basis of the campus's or school's performance on the | ||
student achievement indicators adopted under Section 39.053, other | ||
than, to the greatest extent possible, the student achievement | ||
indicator adopted under Section 39.053(c)(1) [ |
||
(b) This section applies beginning with the 2013-2014 | ||
school year. | ||
SECTION 46. (a) Subchapter C, Chapter 39, Education Code, | ||
is amended by adding Section 39.0545 to read as follows: | ||
Sec. 39.0545. SCHOOL DISTRICT EVALUATION OF PERFORMANCE IN | ||
COMMUNITY AND STUDENT ENGAGEMENT; COMPLIANCE. (a) Each school | ||
district shall evaluate the district's performance and the | ||
performance of each campus in the district in community and student | ||
engagement and in compliance as provided by this section and assign | ||
the district and each campus a performance rating of exemplary, | ||
recognized, acceptable, or unacceptable for both overall | ||
performance and each individual evaluation factor listed under | ||
Subsection (b). Not later than August 8 of each year, the district | ||
shall report each performance rating to the agency and make the | ||
performance ratings publicly available as provided by commissioner | ||
rule. | ||
(b) For purposes of assigning the performance ratings under | ||
Subsection (a), a school district must evaluate: | ||
(1) the following programs or specific categories of | ||
performance at each campus: | ||
(A) fine arts; | ||
(B) wellness and physical education; | ||
(C) community and parental involvement, such as: | ||
(i) opportunities for parents to assist | ||
students in preparing for assessments under Section 39.023; | ||
(ii) tutoring programs that support | ||
students taking assessments under Section 39.023; and | ||
(iii) opportunities for students to | ||
participate in community service projects; | ||
(D) the 21st Century Workforce Development | ||
program; | ||
(E) the second language acquisition program; | ||
(F) the digital learning environment; | ||
(G) dropout prevention strategies; and | ||
(H) educational programs for gifted and talented | ||
students; and | ||
(2) the record of the district and each campus | ||
regarding compliance with statutory reporting and policy | ||
requirements. | ||
(c) A school district shall use criteria developed by a | ||
local committee to evaluate: | ||
(1) the performance of the district's campus programs | ||
and categories of performance under Subsection (b)(1); and | ||
(2) the record of the district and each campus | ||
regarding compliance under Subsection (b)(2). | ||
(b) This section applies beginning with the 2013-2014 | ||
school year. | ||
SECTION 47. Section 39.056, Education Code, is amended by | ||
adding Subsection (f) to read as follows: | ||
(f) A district which takes action with regard to the | ||
recommendations provided by the investigators as prescribed by | ||
Subsection (e) shall make a reasonable effort to seek assistance | ||
from a third party in developing an action plan to improve district | ||
performance using improvement techniques that are goal oriented and | ||
research based. | ||
SECTION 48. (a) Section 39.057(a), Education Code, is | ||
amended to read as follows: | ||
(a) The commissioner shall authorize special accreditation | ||
investigations to be conducted: | ||
(1) when excessive numbers of absences of students | ||
eligible to be tested on state assessment instruments are | ||
determined; | ||
(2) when excessive numbers of allowable exemptions | ||
from the required state assessment instruments are determined; | ||
(3) in response to complaints submitted to the agency | ||
with respect to alleged violations of civil rights or other | ||
requirements imposed on the state by federal law or court order; | ||
(4) in response to established compliance reviews of | ||
the district's financial accounting practices and state and federal | ||
program requirements; | ||
(5) when extraordinary numbers of student placements | ||
in disciplinary alternative education programs, other than | ||
placements under Sections 37.006 and 37.007, are determined; | ||
(6) in response to an allegation involving a conflict | ||
between members of the board of trustees or between the board and | ||
the district administration if it appears that the conflict | ||
involves a violation of a role or duty of the board members or the | ||
administration clearly defined by this code; | ||
(7) when excessive numbers of students in special | ||
education programs under Subchapter A, Chapter 29, are assessed | ||
through assessment instruments developed or adopted under Section | ||
39.023(b); | ||
(8) in response to an allegation regarding or an | ||
analysis using a statistical method result indicating a possible | ||
violation of an assessment instrument security procedure | ||
established under Section 39.0301, including for the purpose of | ||
investigating or auditing a school district under that section; | ||
(9) when a significant pattern of decreased academic | ||
performance has developed as a result of the promotion in the | ||
preceding two school years of students who did not perform | ||
satisfactorily as determined by the commissioner under Section | ||
39.0241(a) on assessment instruments administered under Section | ||
39.023(a), (c), or (l); | ||
(10) [ |
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[ |
||
enroll fail to complete an Algebra II course or any other advanced | ||
course as determined by the commissioner [ |
||
|
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|
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(11) [ |
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evaluated under Section 39.0821 indicate a potential for | ||
significant improvement in resource allocation; | ||
(12) when a disproportionate number of students of a | ||
particular demographic group is graduating with a particular | ||
endorsement under Section 28.025(c-1); | ||
(13) when an excessive number of students is | ||
graduating with a particular endorsement under Section | ||
28.025(c-1); or | ||
(14) [ |
||
necessary. | ||
(b) This section applies beginning with the 2014-2015 | ||
school year. | ||
SECTION 49. (a) Section 39.082, Education Code, is amended | ||
by amending Subsections (a) and (b) and adding Subsections (d), | ||
(e), (f), (g), (h), (h-1), and (i) to read as follows: | ||
(a) The commissioner shall, in consultation with the | ||
comptroller, develop and implement separate financial | ||
accountability rating systems for school districts and | ||
open-enrollment charter schools in this state that: | ||
(1) distinguish among school districts and | ||
distinguish among open-enrollment charter schools, as applicable, | ||
based on levels of financial performance; [ |
||
(2) include procedures to: | ||
(A) provide additional transparency to public | ||
education finance; and | ||
(B) enable the commissioner and school district | ||
and open-enrollment charter school administrators to provide | ||
meaningful financial oversight and improvement; and | ||
(3) include processes for anticipating the future | ||
financial solvency of each school district and open-enrollment | ||
charter school, including analysis of district and school revenues | ||
and expenditures for preceding school years. | ||
(b) The system must include uniform indicators adopted by | ||
[ |
||
management performance and future financial solvency of a district | ||
or open-enrollment charter school. In adopting indicators under | ||
this subsection, the commissioner shall assign a point value to | ||
each indicator to be used in a scoring matrix developed by the | ||
commissioner. Any reference to a teacher in an indicator adopted by | ||
the commissioner under this subsection means a classroom teacher. | ||
(d) The commissioner shall evaluate indicators adopted | ||
under Subsection (b) at least once every three years. | ||
(e) Under the financial accountability rating system | ||
developed under this section, each school district or | ||
open-enrollment charter school, as applicable, shall be assigned a | ||
financial accountability rating. In adopting rules under this | ||
section, the commissioner, in consultation with the comptroller, | ||
shall determine the criteria for each designated performance | ||
rating. | ||
(f) A district or open-enrollment charter school shall | ||
receive the lowest rating under the system if the district or school | ||
fails to achieve a satisfactory rating on: | ||
(1) an indicator adopted under Subsection (b) relating | ||
to financial management or solvency that the commissioner | ||
determines to be critical; or | ||
(2) a category of indicators that suggest trends | ||
leading to financial distress as determined by the commissioner. | ||
(g) Before assigning a final rating under the system, the | ||
commissioner shall assign each district or open-enrollment charter | ||
school a preliminary rating. A district or school may submit | ||
additional information to the commissioner relating to any | ||
indicator on which performance was considered unsatisfactory. The | ||
commissioner shall consider any additional information submitted | ||
by a district or school before assigning a final rating. If the | ||
commissioner determines that the additional information negates | ||
the concern raised by the indicator on which performance was | ||
considered unsatisfactory, the commissioner may not penalize the | ||
district or school on the basis of the indicator. | ||
(h) The commissioner shall adopt rules for the | ||
implementation of this section. | ||
(h-1) The commissioner shall adopt initial rules necessary | ||
to implement the changes to this section made by the 83rd | ||
Legislature, Regular Session, 2013, not later than March 1, 2015. | ||
This subsection expires April 1, 2015. | ||
(i) Not later than August 8 of each year, the financial | ||
accountability rating of each school district and open-enrollment | ||
charter school under the financial accountability rating system | ||
developed under this section shall be made publicly available as | ||
provided by rules adopted under this section. | ||
(b) This section applies beginning with the 2014-2015 | ||
school year. | ||
SECTION 50. (a) Section 39.0823, Education Code, is | ||
amended by amending Subsection (a) and adding Subsection (d) to | ||
read as follows: | ||
(a) If the commissioner, based on the indicators adopted | ||
under Section 39.082 or other relevant information, projects a | ||
[ |
||
deficit for a school district or open-enrollment charter school | ||
general fund within the following three school years, the agency | ||
[ |
||
financial reports, including projected revenues and expenditures | ||
[ |
||
evaluate the [ |
||
school. | ||
(d) The agency may require a district or open-enrollment | ||
charter school to submit additional information needed to produce a | ||
financial report under Subsection (a). If a district or school | ||
fails to provide information requested under this subsection or if | ||
the commissioner determines that the information submitted by a | ||
district or school is unreliable, the commissioner may order the | ||
district or school to acquire professional services as provided by | ||
Section 39.109. | ||
(b) This section applies beginning with the 2014-2015 | ||
school year. | ||
SECTION 51. (a) Subchapter D, Chapter 39, Education Code, | ||
is amended by adding Section 39.0824 to read as follows: | ||
Sec. 39.0824. CORRECTIVE ACTION PLAN. (a) A school | ||
district or open-enrollment charter school assigned the lowest | ||
rating under Section 39.082 shall submit to the commissioner a | ||
corrective action plan to address the financial weaknesses of the | ||
district or school. A corrective action plan must identify the | ||
specific areas of financial weaknesses, such as financial | ||
weaknesses in transportation, curriculum, or teacher development, | ||
and include strategies for improvement. | ||
(b) The commissioner may impose appropriate sanctions under | ||
Subchapter E against a district or school failing to submit or | ||
implement a corrective action plan required under Subsection (a). | ||
(b) This section applies beginning with the 2014-2015 | ||
school year. | ||
SECTION 52. (a) Section 39.083(b), Education Code, is | ||
amended to read as follows: | ||
(b) The annual financial management report must include: | ||
(1) a description of the district's financial | ||
management performance based on a comparison, provided by the | ||
agency, of the district's performance on the indicators adopted | ||
under Section 39.082(b) to: | ||
(A) state-established standards; and | ||
(B) the district's previous performance on the | ||
indicators; and | ||
(2) [ |
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[ |
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commissioner. | ||
(b) This section applies beginning with the 2014-2015 | ||
school year. | ||
SECTION 53. (a) Section 39.201(a), Education Code, is | ||
amended to read as follows: | ||
(a) Not later than August 8 of each year, the commissioner | ||
shall award distinction designations for outstanding performance | ||
as provided by [ |
||
awarded to a district or campus under this subchapter shall be | ||
referenced directly in connection with the performance rating | ||
assigned to the district or campus and made publicly available | ||
together with the performance ratings as provided by rules adopted | ||
under Section 39.054(a). | ||
(b) This section applies beginning with the 2013-2014 | ||
school year. | ||
SECTION 54. (a) Section 39.202, Education Code, is amended | ||
to read as follows: | ||
Sec. 39.202. ACADEMIC [ |
||
FOR DISTRICTS AND CAMPUSES. The commissioner by rule shall | ||
establish [ |
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|
||
campuses for outstanding performance in attainment of | ||
postsecondary readiness [ |
||
|
||
commissioner shall adopt criteria for the designation under this | ||
section [ |
||
(1) percentages of students who: | ||
(A) performed satisfactorily, as determined | ||
under the college readiness performance standard under Section | ||
39.0241, on assessment instruments required under Section | ||
39.023(a), (b), (c), or (l), aggregated across grade levels by | ||
subject area; or | ||
(B) met the standard for annual improvement, as | ||
determined by the agency under Section 39.034, on assessment | ||
instruments required under Section 39.023(a), (b), (c), or (l), | ||
aggregated across grade levels by subject area, for students who | ||
did not perform satisfactorily as described by Paragraph (A); | ||
(2) percentages of: | ||
(A) students who earned a nationally or | ||
internationally recognized business or industry certification or | ||
license; | ||
(B) students who completed a coherent sequence of | ||
career and technical courses; | ||
(C) students who completed a dual credit course | ||
or an articulated postsecondary course provided for local credit; | ||
(D) students who achieved applicable College | ||
Readiness Benchmarks or the equivalent on the Preliminary | ||
Scholastic Assessment Test (PSAT), the Scholastic Assessment Test | ||
(SAT), the American College Test (ACT), or the ACT-Plan assessment | ||
program; and | ||
(E) students who received a score on either an | ||
advanced placement test or an international baccalaureate | ||
examination to be awarded college credit; and | ||
(3) [ |
||
student attainment of postsecondary readiness. | ||
(b) This section applies beginning with the 2013-2014 | ||
school year. | ||
SECTION 55. (a) Section 39.203, Education Code, is amended | ||
to read as follows: | ||
Sec. 39.203. CAMPUS DISTINCTION DESIGNATIONS. (a) The | ||
commissioner shall award a campus a distinction designation for | ||
outstanding performance in improvement in student achievement if | ||
the campus is ranked in the top 25 percent of campuses in the state | ||
in annual improvement in student achievement as determined under | ||
Section 39.034. | ||
(b) In addition to the distinction designation described by | ||
Subsection (a), the commissioner shall award a campus a distinction | ||
designation for outstanding performance in closing student | ||
achievement differentials if the campus demonstrates an ability to | ||
significantly diminish or eliminate performance differentials | ||
between student subpopulations and is ranked in the top 25 percent | ||
of campuses in this state under the performance criteria described | ||
by this subsection. The commissioner shall adopt rules related to | ||
the distinction designation under this subsection to ensure that a | ||
campus does not artificially diminish or eliminate performance | ||
differentials through inhibiting the achievement of the highest | ||
achieving student subpopulation. | ||
(c) In addition to the distinction designations described | ||
by Subsections (a) and (b), a campus that satisfies the criteria | ||
developed under Section 39.204 shall be awarded a distinction | ||
designation by the commissioner for outstanding performance in [ |
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|
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[ |
||
mathematics, science, or social studies[ |
||
[ |
||
[ |
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[ |
||
[ |
||
(d) In addition to the distinction designations otherwise | ||
described by this section, the commissioner may award a distinction | ||
designation for outstanding performance in advanced middle or | ||
junior high school student achievement to a campus with a | ||
significant number of students below grade nine who perform | ||
satisfactorily on an end-of-course assessment instrument | ||
administered under Section 39.023(c). | ||
(b) This section applies beginning with the 2013-2014 | ||
school year. | ||
SECTION 56. (a) Section 39.235(b), Education Code, is | ||
amended to read as follows: | ||
(b) Before awarding a grant under this section, the | ||
commissioner may require a campus or school district to: | ||
(1) obtain local matching funds; or | ||
(2) meet other conditions, including developing a | ||
personal graduation plan under Section 28.0212 or 28.02121, as | ||
applicable, for each student enrolled at the campus or in a district | ||
middle, junior high, or high school. | ||
(b) This section applies beginning with the 2014-2015 | ||
school year. | ||
SECTION 57. (a) Section 39.301(c), Education Code, is | ||
amended to read as follows: | ||
(c) Indicators for reporting purposes must include: | ||
(1) the percentage of graduating students who meet the | ||
course requirements established by State Board of Education rule | ||
for: | ||
(A) the foundation [ |
||
program; | ||
(B) [ |
||
under the foundation [ |
||
(C) each endorsement described by Section | ||
28.025(c-1) [ |
||
(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 [ |
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|
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high school program and take additional courses to earn an | ||
endorsement under Section 28.025(c-1), disaggregated by type of | ||
endorsement; | ||
(5) the percentage of students, aggregated by grade | ||
level, provided accelerated instruction under Section 28.0211(c), | ||
the results of assessment instruments administered under that | ||
section, the percentage of students promoted through the grade | ||
placement committee process under Section 28.0211, the subject of | ||
the assessment instrument on which each student failed to perform | ||
satisfactorily under each performance standard under Section | ||
39.0241, and the performance of those students in the school year | ||
following that promotion on the assessment instruments required | ||
under Section 39.023; | ||
(6) the percentage of students of limited English | ||
proficiency exempted from the administration of an assessment | ||
instrument under Sections 39.027(a)(1) and (2); | ||
(7) the percentage of students in a special education | ||
program under Subchapter A, Chapter 29, assessed through assessment | ||
instruments developed or adopted under Section 39.023(b); | ||
(8) the percentage of students who satisfy the college | ||
readiness measure; | ||
(9) the measure of progress toward dual language | ||
proficiency under Section 39.034(b), for students of limited | ||
English proficiency, as defined by Section 29.052; | ||
(10) the percentage of students who are not | ||
educationally disadvantaged; | ||
(11) the percentage of students who enroll and begin | ||
instruction at an institution of higher education in the school | ||
year following high school graduation; and | ||
(12) the percentage of students who successfully | ||
complete the first year of instruction at an institution of higher | ||
education without needing a developmental education course. | ||
(b) This section applies beginning with the 2014-2015 | ||
school year. | ||
SECTION 58. Subchapter J, Chapter 39, Education Code, is | ||
amended by adding Section 39.309 to read as follows: | ||
Sec. 39.309. TEXAS SCHOOL ACCOUNTABILITY DASHBOARD. (a) | ||
The agency shall develop and maintain an Internet website, separate | ||
from the agency's Internet website, to be known as the Texas School | ||
Accountability Dashboard for the public to access school district | ||
and campus accountability information. | ||
(b) The commissioner shall adopt, for use on the Texas | ||
School Accountability Dashboard, a performance index in each of the | ||
following areas: | ||
(1) student achievement; | ||
(2) student progress; | ||
(3) closing performance gaps; and | ||
(4) postsecondary readiness. | ||
(c) The Texas School Accountability Dashboard developed | ||
under Subsection (a) must include: | ||
(1) performance information for each school district | ||
and campus in areas specified by Subsection (b) and must allow for | ||
comparison between districts and campuses in each of the areas; | ||
(2) a comparison of the number of students enrolled in | ||
each school district, including: | ||
(A) the percentage of students of limited English | ||
proficiency, as defined by Section 29.052; | ||
(B) the percentage of students who are unschooled | ||
asylees or refugees, as defined by Section 39.027(a-1); | ||
(C) the percentage of students who are | ||
educationally disadvantaged; and | ||
(D) the percentage of students with | ||
disabilities; | ||
(3) a comparison of performance information for each | ||
district and campus disaggregated by race, ethnicity, and | ||
populations served by special programs, including special | ||
education, bilingual education, and special language programs; and | ||
(4) a comparison of performance information by subject | ||
area. | ||
SECTION 59. (a) Section 39.332(b), Education Code, is | ||
amended by amending Subdivision (23) and adding Subdivision (24) to | ||
read as follows: | ||
(23) The report must contain an evaluation of the | ||
availability of endorsements under Section 28.025(c-1), including | ||
the following information for each school district: | ||
(A) the endorsements under Section 28.025(c-1) | ||
for which the district offers all courses for curriculum | ||
requirements as determined by board rule; and | ||
(B) the district's economic, geographic, and | ||
demographic information, as determined by the commissioner. | ||
(24) The report must contain any additional | ||
information considered important by the commissioner or the State | ||
Board of Education. | ||
(b) This section applies beginning with the 2014-2015 | ||
school year. | ||
SECTION 60. (a) Subchapter L, Chapter 39, Education Code, | ||
is amended by adding Section 39.363 to read as follows: | ||
Sec. 39.363. NOTICE ON AGENCY WEBSITE. Not later than | ||
October 1 of each year, the agency shall make the following | ||
information available to the public on the agency's Internet | ||
website: | ||
(1) the letter performance rating assigned to each | ||
school district and campus under Section 39.054 and each | ||
distinction designation awarded to a school district or campus | ||
under Subchapter G; | ||
(2) the performance rating assigned to a school | ||
district and each campus in the district by the district under | ||
Section 39.0545; and | ||
(3) the financial accountability rating assigned to | ||
each school district and open-enrollment charter school under | ||
Section 39.082. | ||
(b) This section applies beginning with the 2013-2014 | ||
school year. | ||
[The bill does not contain a SECTION 61.] | ||
SECTION 62. (a) Section 51.3062(q-1), Education Code, is | ||
amended to read as follows: | ||
(q-1) A student who has [ |
||
|
||
demonstrated the performance standard for college readiness as | ||
provided by Section 28.008 [ |
||
assessment instruments adopted under Section 39.0238 for Algebra II | ||
and English III [ |
||
from the requirements of this section with respect to those content | ||
areas. The commissioner of higher education by rule shall | ||
establish the period for which an exemption under this subsection | ||
is valid. | ||
(b) This section applies beginning with the 2015-2016 | ||
school year. | ||
SECTION 63. (a) Section 51.3062, Education Code, is amended | ||
by adding Subsection (q-2) to read as follows: | ||
(q-2) A student who successfully completes a college | ||
preparatory course under Section 28.014 is exempt from the | ||
requirements of this section with respect to the content area of the | ||
course. The commissioner of higher education by rule shall | ||
establish the period for which an exemption under this subsection | ||
is valid. The exemption applies only at the institution of higher | ||
education that partners with the school district in which the | ||
student is enrolled to provide the course, except that the | ||
commissioner by rule may determine the manner in which the | ||
exemption may be applied to institutions of higher education other | ||
than the partnering institution. | ||
(b) This section applies beginning with the 2013-2014 | ||
school year. | ||
SECTION 64. (a) Section 51.803, Education Code, is amended | ||
by amending Subsections (a), (b), and (d) and adding Subsection (m) | ||
to read as follows: | ||
(a) Subject to Subsection (a-1), each general academic | ||
teaching institution shall admit an applicant for admission to the | ||
institution as an undergraduate student if the applicant graduated | ||
with a grade point average in the top 10 percent of the student's | ||
high school graduating class in one of the two school years | ||
preceding the academic year for which the applicant is applying for | ||
admission and: | ||
(1) the applicant graduated from a public or private | ||
high school in this state accredited by a generally recognized | ||
accrediting organization or from a high school operated by the | ||
United States Department of Defense; | ||
(2) the applicant: | ||
(A) successfully completed: | ||
(i) at a public high school, the curriculum | ||
requirements established under Section 28.025 for the | ||
distinguished level of achievement under the foundation | ||
[ |
||
(ii) at a high school to which Section | ||
28.025 does not apply, a curriculum that is equivalent in content | ||
and rigor to the distinguished level of achievement under the | ||
foundation [ |
||
(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) [ |
||
(b) An applicant who does not satisfy the curriculum | ||
requirements prescribed by Subsection (a)(2)(A)(i) or (ii) is | ||
considered to have satisfied those requirements if the student | ||
completed the portion of the distinguished level of achievement | ||
under the foundation high school program [ |
||
curriculum or of the curriculum equivalent in content and rigor, as | ||
applicable, that was available to the student but was unable to | ||
complete the remainder of the curriculum solely because courses | ||
necessary to complete the remainder were unavailable to the student | ||
at the appropriate times in the student's high school career as a | ||
result of course scheduling, lack of enrollment capacity, or | ||
another cause not within the student's control. | ||
(d) For purposes of Subsection (c)(2), a student's official | ||
transcript or diploma must, not later than the end of the student's | ||
junior year, indicate: | ||
(1) whether the student has satisfied or is on | ||
schedule to satisfy the requirements of Subsection (a)(2)(A)(i) or | ||
(ii), as applicable; or | ||
(2) if Subsection (b) applies to the student, whether | ||
the student has completed the portion of the distinguished level of | ||
achievement under the foundation high school program [ |
||
|
||
and rigor, as applicable, that was available to the student. | ||
(m) The Texas Higher Education Coordinating Board and the | ||
commissioner of education shall jointly adopt rules to establish | ||
eligibility requirements for admission under this section as to | ||
curriculum requirements for high school graduation under | ||
Subsection (a)(2)(A) for students participating under the | ||
recommended or advanced high school program so that the admission | ||
of those students is not affected by their participation in the | ||
recommended or advanced high school program. This subsection | ||
expires September 1, 2020. | ||
(b) This section applies beginning with the 2014-2015 | ||
school year. | ||
SECTION 65. (a) Section 51.805, Education Code, is amended | ||
by amending Subsection (a) and adding Subsection (g) to read as | ||
follows: | ||
(a) A graduating student who does not qualify for admission | ||
under Section 51.803 or 51.804 may apply to any general academic | ||
teaching institution if the student: | ||
(1) successfully completed [ |
||
|
||
(A) at a public high school, the curriculum | ||
requirements established under Section 28.025 for the foundation | ||
high school program; or | ||
(B) at a high school to which Section 28.025 does | ||
not apply, a curriculum that is equivalent in content and rigor to | ||
the foundation high school program [ |
||
|
||
|
||
(2) satisfied ACT's College Readiness Benchmarks on | ||
the ACT assessment applicable to the applicant or earned on the SAT | ||
assessment a score of at least 1,500 out of 2,400 or the equivalent | ||
[ |
||
(g) The Texas Higher Education Coordinating Board and the | ||
commissioner of education shall jointly adopt rules to establish | ||
eligibility requirements for admission under this section as to | ||
curriculum requirements for high school graduation under | ||
Subsection (a)(1) for students participating in the minimum, | ||
recommended, or advanced high school program so that the admission | ||
requirements for those students under this section are not more | ||
stringent than the admission requirements under this section for | ||
students participating in the foundation high school program. This | ||
subsection expires September 1, 2020. | ||
(b) This section applies beginning with the 2014-2015 | ||
school year. | ||
SECTION 66. (a) Section 51.807(b), Education Code, is | ||
amended to read as follows: | ||
(b) The Texas Higher Education Coordinating Board, after | ||
consulting with the Texas Education Agency, by rule shall establish | ||
standards for determining for purposes of this subchapter: | ||
(1) whether a private high school is accredited by a | ||
generally recognized accrediting organization; and | ||
(2) whether a person completed a high school | ||
curriculum that is equivalent in content and rigor to the | ||
curriculum requirements established under Section 28.025 for the | ||
foundation [ |
||
distinguished level of achievement under the foundation high school | ||
program. | ||
(b) This section applies beginning with the 2014-2015 | ||
school year. | ||
SECTION 67. (a) Subchapter A, Chapter 56, Education Code, | ||
is amended by adding Section 56.009 to read as follows: | ||
Sec. 56.009. ELIGIBILITY BASED ON GRADUATION UNDER CERTAIN | ||
HIGH SCHOOL PROGRAMS. To the extent that a person's eligibility to | ||
participate in any program under this chapter, including | ||
Subchapters K, Q, and R, is contingent on the person graduating | ||
under the recommended or advanced high school program, as those | ||
programs existed before the adoption of H.B. No. 5, 83rd | ||
Legislature, Regular Session, 2013, the Texas Higher Education | ||
Coordinating Board and the commissioner of education shall jointly | ||
adopt rules to modify, clarify, or otherwise establish for affected | ||
programs appropriate eligibility requirements regarding high | ||
school curriculum completion. | ||
(b) This section applies beginning with the 2014-2015 | ||
school year. | ||
SECTION 68. (a) Section 56.3041, Education Code, is | ||
amended to read as follows: | ||
Sec. 56.3041. INITIAL ELIGIBILITY OF PERSON GRADUATING FROM | ||
HIGH SCHOOL ON OR AFTER MAY 1, 2013, AND ENROLLING IN A GENERAL | ||
ACADEMIC TEACHING INSTITUTION. (a) Notwithstanding Section | ||
56.304(a), to be eligible initially for a TEXAS grant, a person | ||
graduating from high school on or after May 1, 2013, and enrolling | ||
in a general academic teaching institution must: | ||
(1) be a resident of this state as determined by | ||
coordinating board rules; | ||
(2) meet the academic requirements prescribed by | ||
Paragraph (A), (B), or (C) as follows: | ||
(A) be a graduate of a public or accredited | ||
private high school in this state who completed the foundation | ||
[ |
||
or its equivalent and have accomplished any two or more of the | ||
following: | ||
(i) [ |
||
|
||
successful completion of the course requirements of the | ||
international baccalaureate diploma program[ |
||
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) [ |
||
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[ |
||
|
||
technology applications course[ |
||
|
||
(B) have received an associate degree from a | ||
public or private institution of higher education; or | ||
(C) if sufficient money is available, meet the | ||
eligibility criteria described by Section 56.304(a)(2)(A); | ||
(3) meet financial need requirements established by | ||
the coordinating board; | ||
(4) be enrolled in an undergraduate degree or | ||
certificate program at the general academic teaching institution; | ||
(5) except as provided under rules adopted under | ||
Section 56.304(h), be enrolled as: | ||
(A) an entering undergraduate student for at | ||
least three-fourths of a full course load, as determined by the | ||
coordinating board, not later than the 16th month after the | ||
calendar month in which the person graduated from high school; | ||
(B) an entering undergraduate student who | ||
entered military service not later than the first anniversary of | ||
the date the person graduated from high school and who enrolled for | ||
at least three-fourths of a full course load, as determined by the | ||
coordinating board, at the general academic teaching institution | ||
not later than 12 months after being honorably discharged from | ||
military service; or | ||
(C) a continuing undergraduate student for at | ||
least three-fourths of a full course load, as determined by the | ||
coordinating board, not later than the 12th month after the | ||
calendar month in which the person received an associate degree | ||
from a public or private institution of higher education; | ||
(6) have applied for any available financial aid or | ||
assistance; and | ||
(7) comply with any additional nonacademic | ||
requirements adopted by the coordinating board under this | ||
subchapter. | ||
(b) For purposes of Subsection (a)(2)(A), a student who | ||
graduated under the recommended or advanced high school program is | ||
considered to have successfully completed the curriculum | ||
requirements of Section 51.803(a)(2)(A)(i). This subsection | ||
expires September 1, 2020. | ||
(b) This section applies beginning with the 2014-2015 | ||
school year. | ||
SECTION 69. (a) Section 61.0517(a), Education Code, is | ||
amended to read as follows: | ||
(a) In this section, "applied STEM course" means an applied | ||
science, technology, engineering, or mathematics course offered as | ||
part of a school district's career and technology education or | ||
technology applications curriculum and approved, as provided by | ||
Section 28.027, by the State Board of Education for purposes of | ||
satisfying the mathematics and science curriculum requirements for | ||
the foundation [ |
||
Section 28.025 [ |
||
(b) This section applies beginning with the 2014-2015 | ||
school year. | ||
SECTION 70. (a) Section 61.792(b), Education Code, is | ||
amended to read as follows: | ||
(b) To qualify for a scholarship under this section, a | ||
student must: | ||
(1) have graduated with a grade point average in the | ||
top 20 percent of the student's high school graduating class; | ||
(2) have graduated from high school with a grade point | ||
average of at least 3.5 on a four-point scale or the equivalent in | ||
mathematics and science courses offered under the foundation | ||
[ |
||
[ |
||
(3) maintain an overall grade point average of at | ||
least 3.0 on a four-point scale at the general academic teaching | ||
institution or the private or independent institution of higher | ||
education in which the student is enrolled. | ||
(b) This section applies beginning with the 2014-2015 | ||
school year. | ||
SECTION 71. (a) Section 61.852(a), Education Code, is | ||
amended to read as follows: | ||
(a) A tech-prep program is a program of study that: | ||
(1) combines at least two years of secondary education | ||
with at least two years of postsecondary education in a | ||
nonduplicative, sequential course of study based on the foundation | ||
[ |
||
Education under Section 28.025 [ |
||
(2) integrates academic instruction and vocational | ||
and technical instruction; | ||
(3) uses work-based and worksite learning where | ||
available and appropriate; | ||
(4) provides technical preparation in a career field | ||
such as engineering technology, applied science, a mechanical, | ||
industrial, or practical art or trade, agriculture, health | ||
occupations, business, or applied economics; | ||
(5) builds student competence in mathematics, | ||
science, reading, writing, communications, economics, and | ||
workplace skills through applied, contextual academics and | ||
integrated instruction in a coherent sequence of courses; | ||
(6) leads to an associate degree, two-year | ||
postsecondary certificate, or postsecondary two-year | ||
apprenticeship with provisions, to the extent applicable, for | ||
students to continue toward completion of a baccalaureate degree; | ||
and | ||
(7) leads to placement in appropriate employment or to | ||
further education. | ||
(b) This section applies beginning with the 2014-2015 | ||
school year. | ||
SECTION 72. (a) Section 61.855(d), Education Code, is | ||
amended to read as follows: | ||
(d) A tech-prep program must: | ||
(1) be implemented under an articulation agreement | ||
between the participants in the consortium; | ||
(2) consist of two to four years of secondary school | ||
preceding graduation and: | ||
(A) two or more years of higher education; or | ||
(B) two or more years of apprenticeship following | ||
secondary instruction; | ||
(3) have a common core of required proficiency based | ||
on the foundation [ |
||
State Board of Education under Section 28.025 [ |
||
proficiencies in mathematics, science, reading, writing, | ||
communications, and technologies designed to lead to an associate's | ||
degree or postsecondary certificate in a specific career field; | ||
(4) include the development of tech-prep program | ||
curricula for both secondary and postsecondary participants in the | ||
consortium that: | ||
(A) meets academic standards developed by the | ||
state; | ||
(B) links secondary schools and two-year | ||
postsecondary institutions, and, if practicable, four-year | ||
institutions of higher education through nonduplicative sequences | ||
of courses in career fields, including the investigation of | ||
opportunities for tech-prep students to enroll concurrently in | ||
secondary and postsecondary course work; | ||
(C) uses, if appropriate and available, | ||
work-based or worksite learning in conjunction with business and | ||
all aspects of an industry; and | ||
(D) uses educational technology and distance | ||
learning, as appropriate, to involve each consortium participant | ||
more fully in the development and operation of programs; | ||
(5) include in-service training for teachers that: | ||
(A) is designed to train vocational and technical | ||
teachers to effectively implement tech-prep programs; | ||
(B) provides for joint training for teachers in | ||
the tech-prep consortium; | ||
(C) is designed to ensure that teachers and | ||
administrators stay current with the needs, expectations, and | ||
methods of business and of all aspects of an industry; | ||
(D) focuses on training postsecondary education | ||
faculty in the use of contextual and applied curricula and | ||
instruction; and | ||
(E) provides training in the use and application | ||
of technology; | ||
(6) include training programs for counselors designed | ||
to enable counselors to more effectively: | ||
(A) provide information to students regarding | ||
tech-prep programs; | ||
(B) support student progress in completing | ||
tech-prep programs; | ||
(C) provide information on related employment | ||
opportunities; | ||
(D) ensure that tech-prep students are placed in | ||
appropriate employment; and | ||
(E) stay current with the needs, expectations, | ||
and methods of business and of all aspects of an industry; | ||
(7) provide equal access to the full range of | ||
tech-prep programs for individuals who are members of special | ||
populations, including by the development of tech-prep program | ||
services appropriate to the needs of special populations; and | ||
(8) provide for preparatory services that assist | ||
participants in tech-prep programs. | ||
(b) This section applies beginning with the 2014-2015 | ||
school year. | ||
SECTION 73. (a) Section 61.861(c), Education Code, is | ||
amended to read as follows: | ||
(c) A course developed for purposes of this section must: | ||
(1) provide content that enables a student to develop | ||
the relevant and critical skills needed to be prepared for | ||
employment or additional training in a high-demand occupation; | ||
(2) incorporate college and career readiness skills as | ||
part of the curriculum; | ||
(3) be offered for dual credit; and | ||
(4) satisfy a mathematics or science requirement under | ||
the foundation [ |
||
determined under Section 28.025. | ||
(b) This section applies beginning with the 2014-2015 | ||
school year. | ||
SECTION 74. (a) Section 61.864, Education Code, is amended | ||
to read as follows: | ||
Sec. 61.864. REVIEW OF COURSES. Courses for which a grant | ||
is awarded under this subchapter shall be reviewed by the | ||
commissioner of higher education and the commissioner of education, | ||
in consultation with the comptroller and the Texas Workforce | ||
Commission, once every four years to determine whether the course: | ||
(1) is being used by public educational institutions | ||
in this state; | ||
(2) prepares high school students with the skills | ||
necessary for employment in the high-demand occupation and further | ||
postsecondary study; and | ||
(3) satisfies a mathematics or science requirement for | ||
the foundation [ |
||
determined under Section 28.025. | ||
(b) This section applies beginning with the 2014-2015 | ||
school year. | ||
SECTION 75. (a) Section 78.10(b), Education Code, is | ||
amended to read as follows: | ||
(b) The Texas Academy of Mathematics and Science is a | ||
division of The University of Texas at Brownsville and is under the | ||
management and control of the board. The academy serves the | ||
following purposes: | ||
(1) to provide academically gifted and highly | ||
motivated junior and senior high school students with a challenging | ||
university-level curriculum that: | ||
(A) allows students to complete high school | ||
graduation requirements[ |
||
|
||
and the distinguished level of achievement under the foundation | ||
high school program and earn appropriate endorsements as provided | ||
by Section 28.025, while attending for academic credit a public | ||
institution of higher education; | ||
(B) fosters students' knowledge of real-world | ||
mathematics and science issues and applications and teaches | ||
students to apply critical and computational thinking and | ||
problem-solving skills to those issues and problems; | ||
(C) includes the study of English, foreign | ||
languages, social studies, mathematics, science, and technology; | ||
and | ||
(D) offers students learning opportunities | ||
related to mathematics and science through in-depth research and | ||
field-based studies; | ||
(2) to provide students with an awareness of | ||
mathematics and science careers and professional development | ||
opportunities through seminars, workshops, collaboration with | ||
postsecondary and university students including opportunities for | ||
summer studies, internships in foreign countries, and similar | ||
methods; and | ||
(3) to provide students with social development | ||
activities that enrich the academic curriculum and student life, | ||
including, as determined appropriate by the academy, University | ||
Interscholastic League activities and other extracurricular | ||
activities. | ||
(b) This section applies beginning with the 2014-2015 | ||
school year. | ||
SECTION 76. (a) Section 87.505(b), Education Code, is | ||
amended to read as follows: | ||
(b) The Texas Academy of International Studies is a division | ||
of Texas A&M International University and is under the management | ||
and control of the board. The academy serves the following | ||
purposes: | ||
(1) to provide academically gifted and highly | ||
motivated junior and senior high school students with a challenging | ||
university-level curriculum that: | ||
(A) allows students to complete high school | ||
graduation requirements[ |
||
|
||
and the distinguished level of achievement under the foundation | ||
high school program and earn appropriate endorsements as provided | ||
by Section 28.025, while attending for academic credit a public | ||
institution of higher education; | ||
(B) fosters students' knowledge of real-world | ||
international issues and problems and teaches students to apply | ||
critical thinking and problem-solving skills to those issues and | ||
problems; | ||
(C) includes the study of English, foreign | ||
languages, social studies, anthropology, and sociology; | ||
(D) is presented through an interdisciplinary | ||
approach that introduces and develops issues, especially issues | ||
related to international concerns, throughout the curriculum; and | ||
(E) offers students learning opportunities | ||
related to international issues through in-depth research and | ||
field-based studies; | ||
(2) to provide students with an awareness of | ||
international career and professional development opportunities | ||
through seminars, workshops, collaboration with postsecondary | ||
students from other countries, summer academic international | ||
studies internships in foreign countries, and similar methods; and | ||
(3) to provide students with social development | ||
activities that enrich the academic curriculum and student life, | ||
including, as determined appropriate by the academy, University | ||
Interscholastic League activities and other extracurricular | ||
activities generally offered by public high schools. | ||
(b) This section applies beginning with the 2014-2015 | ||
school year. | ||
SECTION 77. (a) Section 130.008, Education Code, is | ||
amended by amending Subsection (d) and adding Subsection (f) to | ||
read as follows: | ||
(d) A [ |
||
junior college may enter into an agreement with a school district, | ||
organization, or other person that operates a high school to offer a | ||
course as provided by this section regardless of whether the high | ||
school is located within the service area of the junior college | ||
district. | ||
(f) A student described by Subsection (a) may enroll in not | ||
more than three courses each school year offered as provided by this | ||
section. | ||
(b) This section applies beginning with the 2013-2014 | ||
school year. | ||
SECTION 78. (a) Effective September 1, 2013, the following | ||
sections of the Education Code are repealed: | ||
(1) Sections 29.190(b), (d), and (e); | ||
(2) Sections 39.024(b), (c), (d), (e), (f), (g), and | ||
(h); | ||
(3) Section 39.0241(a-2); | ||
(4) Section 39.0242; | ||
(5) Sections 39.025(a-2) and (a-3); and | ||
(6) Section 130.008(d-1). | ||
(b) Effective September 1, 2014, the following provisions | ||
of the Education Code are repealed: | ||
(1) Section 28.002(q); | ||
(2) Sections 28.0212(e) and (g); | ||
(3) Sections 28.025(b-6), (b-8), and (g); | ||
(4) Section 39.0822; and | ||
(5) Sections 39.0823(b) and (c). | ||
SECTION 79. (a) Except as provided by Subsection (b) of | ||
this section, Section 39.025, Education Code, as amended by | ||
Sections 35 and 36 of this Act, as related to reducing end-of-course | ||
testing requirements, applies only to students who have entered or | ||
will enter the ninth grade during the 2011-2012 school year or a | ||
later school year. | ||
(b) Students who have entered the ninth grade during or | ||
after the 2011-2012 school year and before the 2013-2014 school | ||
year may be administered only those end-of-course assessment | ||
instruments that would have been administered to those students | ||
under Section 39.025, Education Code, as amended by Section 35 of | ||
this Act, and Section 39.025, Education Code, as amended by Section | ||
35 of this Act, is continued in effect for purposes of satisfying | ||
those end-of-course testing requirements. | ||
(c) The commissioner of education may by rule adopt a | ||
transition plan to implement the amendments made by this Act | ||
relating to end-of-course testing requirements during the | ||
2013-2014 and 2014-2015 school years. | ||
SECTION 80. Not later than October 1, 2013, the | ||
commissioner of education shall adopt rules to administer Section | ||
39.025(a-1), Education Code, as amended by this Act. | ||
SECTION 81. Section 39.027(a-2), Education Code, as added | ||
by this Act, applies to a student regardless of the date on which | ||
the student initially enrolled in a school in the United States. | ||
SECTION 82. If, on September 1, 2013, a person is serving on | ||
a committee or panel that advises the commissioner of education or | ||
the Texas Education Agency who would not be eligible for | ||
appointment under Section 39.038, Education Code, as added by this | ||
Act, the person's position on the committee or panel becomes vacant | ||
and shall be filled in accordance with applicable law. | ||
SECTION 83. (a) The Texas Education Agency, in | ||
collaboration with the Texas Higher Education Coordinating Board | ||
and the Texas Workforce Commission, shall, through an external | ||
evaluator at a center for education research authorized by Section | ||
1.005, Education Code, evaluate the implementation of the changes | ||
made by this Act to the curriculum requirements for high school | ||
graduation. The evaluation must include an estimation of this | ||
Act's effect on high school graduation rates, college readiness, | ||
college admissions, college completion, obtainment of workforce | ||
certificates, employment rates, and earnings. | ||
(b) The commissioner of education shall submit an initial | ||
report regarding the review to the governor, lieutenant governor, | ||
and members of the legislature not later than December 1, 2015. The | ||
commissioner of education shall submit a final report regarding | ||
the review to the governor, lieutenant governor, and members of the | ||
legislature not later than December 1, 2017. | ||
SECTION 84. Except as otherwise provided by this Act: | ||
(1) this Act takes effect immediately if it receives a | ||
vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution; and | ||
(2) if this Act does not receive the vote necessary for | ||
immediate effect, this Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 5 was passed by the House on March 27, | ||
2013, by the following vote: Yeas 147, Nays 2, 1 present, not | ||
voting; that the House refused to concur in Senate amendments to | ||
H.B. No. 5 on May 10, 2013, and requested the appointment of a | ||
conference committee to consider the differences between the two | ||
houses; and that the House adopted the conference committee report | ||
on H.B. No. 5 on May 26, 2013, by the following vote: Yeas 147, | ||
Nays 0, 1 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 5 was passed by the Senate, with | ||
amendments, on May 6, 2013, by the following vote: Yeas 31, Nays 0; | ||
at the request of the House, the Senate appointed a conference | ||
committee to consider the differences between the two houses; and | ||
that the Senate adopted the conference committee report on H.B. No. | ||
5 on May 26, 2013, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |