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.
Sponsorship: 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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| 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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| 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) [ |
||
| 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) [ |
||
| 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) [ |
||
| 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 [ |
||
|
|
||
| transcript forms adopted by the State Board of Education. The | ||
| transcript forms adopted by the board must be designed to clearly | ||
| [ |
||
| 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 [ |
||
| school program adopted under Section 28.025 [ |
||
| 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 | ||
| [ |
||
| (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 [ |
||
| 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) [ |
||
| contains [ |
||
| receipt of notice by the student and [ |
||
| 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 [ |
||
| [ |
||
| substitution of the applied STEM course for a specific mathematics | ||
| or science course otherwise required under the foundation | ||
| [ |
||
|
|
||
|
|
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|
|
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|
|
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|
|
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| course to substitute for a science course taken after successful | ||
| completion of biology [ |
||
|
|
||
| (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 [ |
||
| 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 | ||
| [ |
||
| (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; | ||
| [ |
||
| (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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|
|
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|
|
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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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| [ |
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|
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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 [ |
||
|
|
||
| (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 | ||
| [ |
||
|
|
||
| (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 [ |
||
| 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) [ |
||
| technological equipment under any continuing contracts of the | ||
| district in effect on September 1, 2011; and | ||
| (I) [ |
||
| 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 [ |
||
| 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 [ |
||
| education, coursework designed to prepare students for | ||
| postsecondary [ |
||
| 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 [ |
||
| student's enrollment in high school or at the high school level, a | ||
| school counselor shall provide information about postsecondary | ||
| [ |
||
| 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 [ |
||
| school program [ |
||
| (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 [ |
||
| 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, [ |
||
|
|
||
| [ |
||
| history. The Algebra I [ |
||
| assessment instrument [ |
||
| 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 [ |
||
|
|
||
| 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 [ |
||
| (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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|
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|
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|
|
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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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|
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|
|
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| not receive a high school diploma until the student has performed | ||
| satisfactorily on [ |
||
| 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 [ |
||
| 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 [ |
||
| instrument used by institutions of higher education to award course | ||
| credit based on satisfactory performance on the [ |
||
|
|
||
| assessment instrument shall [ |
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| be used to satisfy [ |
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|
|
||
| instrument in an equivalent course as prescribed by [ |
||
| (a)[ |
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|
|
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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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|
|
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|
|
||
| end-of-course assessment instrument in an equivalent course as | ||
| prescribed by [ |
||
| 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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|
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|
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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 [ |
||
| score requirement under Subsection (a) [ |
||
| more end-of-course assessment instruments administered to the | ||
| student as provided [ |
||
| 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; [ |
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| (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[ |
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|
|
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| 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 [ |
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| performance rating of D or F reflects [ |
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| 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 [ |
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| 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) [ |
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| (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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|
|
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| [ |
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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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|
|
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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) [ |
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| 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 [ |
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| 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 [ |
||
|
|
||
|
|
||
| [ |
||
| mathematics, science, or social studies[ |
||
| [ |
||
| [ |
||
| [ |
||
| [ |
||
| (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 [ |
||
|
|
||
| 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 | ||
