Bill Text: TX HB2203 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to curriculum and end-of-course assessment requirements for high school graduation, including the establishment of a workforce certification program and the elimination of certain tax discounts to fund the program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-03-13 - Referred to Economic & Small Business Development [HB2203 Detail]

Download: Texas-2013-HB2203-Introduced.html

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83R7112 EAH-D
By: Rodriguez of Travis H.B. No. 2203

A BILL TO BE ENTITLED
AN ACT
relating to curriculum and end-of-course assessment requirements
for high school graduation, including the establishment of a
workforce certification program and the elimination of certain tax
discounts to fund the program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.062(e), Education Code, is amended to
read as follows:
(e) The rules must:
(1) limit the amount of assistance provided through a
grant to not more than:
(A) for a construction project, $200 per square
foot of the science laboratory to be constructed; or
(B) for a renovation project, $100 per square
foot of the science laboratory to be renovated;
(2) require a school district to demonstrate, as a
condition of eligibility for a grant, that the existing district
science laboratories are insufficient in number to comply with the
curriculum requirements imposed for the foundation [recommended
and advanced] high school program [programs] under Section 28.025
[28.025(b-1)(1)]; and
(3) provide for ranking school districts that apply
for grants on the basis of wealth per student and giving priority in
the award of grants to districts with low wealth per student.
SECTION 2. Section 28.014(b), Education Code, is amended to
read as follows:
(b) A student who successfully completes a course developed
under this section may use the credit earned in the course toward
satisfying the applicable mathematics or science curriculum
requirement for the foundation [recommended or advanced] high
school program under Section 28.025.
SECTION 3. (a) Sections 28.014(c) and (f), Education Code,
are amended to read as follows:
(c) The agency, in consultation with the Texas Higher
Education Coordinating Board, shall adopt an end-of-course
assessment instrument for each course developed under this section
to ensure the rigor of the course. A school district shall, in
accordance with State Board of Education rules, administer the
end-of-course assessment instrument to a student enrolled in a
course developed under this section. [Each school district shall
adopt a policy that requires a student's performance on the
end-of-course assessment instrument to account for 15 percent of
the student's final grade for the course.] A student's performance
on an end-of-course assessment instrument administered under this
subsection may be used, on a scale of 0-40, in calculating whether
the student satisfies the graduation requirements established
under Section 39.025.
(f) To the extent applicable, the commissioner shall draw
from curricula and instructional materials developed under Section
[Sections] 28.008 [and 61.0763] in developing a course and related
instructional materials under this section. Not later than
September 1, 2010, the State Board of Education shall adopt
essential knowledge and skills for each course developed under this
section. The State Board of Education shall make each course
developed under this section and the related instructional
materials available to school districts not later than the
2014-2015 school year. [As required by Subsection (c), a school
district shall adopt a policy requiring a student's performance on
an end-of-course assessment instrument administered under that
subsection to account for 15 percent of the student's grade for a
course developed under this section not later than the 2014-2015
school year.] This subsection expires September 1, 2015.
(b) This section applies beginning with the 2013-2014
school year.
SECTION 4. 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-13), (h), and (h-1) to read as follows:
(a) The State Board of Education by rule shall determine
curriculum requirements for the foundation [minimum, recommended,
and advanced] high school program [programs] that are consistent
with the required curriculum under Section 28.002. The [Subject to
Subsection (b-1), the] State Board of Education shall designate the
specific courses in the foundation curriculum as required under
[for a student participating in] the foundation [minimum,
recommended, or advanced] high school program. Except as provided
by Subsection (b-1), the State Board of Education may not designate
a specific course or a specific number of credits in the enrichment
curriculum as requirements for the [recommended] program.
(b) A school district shall ensure that each student enrolls
in the courses necessary to complete the curriculum requirements
identified by the State Board of Education under Subsection (a) for
the foundation [recommended or advanced] high school program
[unless the student, the student's parent or other person standing
in parental relation to the student, and a school counselor or
school administrator agree in writing signed by each party that the
student should be permitted to take courses under the minimum high
school program and the student:
[(1) is at least 16 years of age;
[(2) has completed two credits required for graduation
in each subject of the foundation curriculum under Section
28.002(a)(1); or
[(3) has failed to be promoted to the tenth grade one
or more times as determined by the school district].
(b-1) The State Board of Education by rule shall require
that [:
[(1) except as provided by Subsection (b-2),] the
curriculum requirements for the foundation [recommended and
advanced] high school program [programs] under Subsection (a)
include a requirement that students successfully complete:
(1) [(A)] four credits in English language arts [each
subject of the foundation curriculum] under Section
28.002(a)(1)(A), including one credit in English I, one credit in
English II, one credit in English III, and one credit in English IV
or 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 Algebra II or an advanced mathematics
course authorized under Subsection (b-2);
(3) two credits in science under Section
28.002(a)(1)(C), including one credit in biology and one credit in
integrated physics and chemistry or an advanced science course
authorized under Subsection (b-2);
(4) three credits in social studies under Section
28.002(a)(1)(D) [28.002(a)(1)], including one credit in world
history, world geography, or an advanced social studies course
authorized under Subsection (b-2), one credit in United States
history, and at least one-half credit in government and at least
one-half credit in economics [to meet the social studies
requirement];
(5) [(B) for the recommended high school program, two
credits in the same language in a language other than English under
Section 28.002(a)(2)(A) and, for the advanced high school program,]
three credits in the same language in a language other than English
under Section 28.002(a)(2)(A); [and]
(6) nine [(C) for the recommended high school
program, six] elective credits [and, for the advanced high school
program, five elective credits];
(7) [(2) one or more credits offered in the required
curriculum for the recommended and advanced high school programs
include a research writing component; and
[(3) the curriculum requirements for the minimum,
recommended, and advanced high school programs under Subsection (a)
include a requirement that students successfully complete:
[(A)] one credit in fine arts under Section
28.002(a)(2)(D); and
(8) [(B)] except as provided by Subsection (b-11), one
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 [allow] a student to comply
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 [a]
mathematics course under Subsection (b-1)(2) [(b-1)(1)] taken
after the successful completion of Algebra I and geometry, for an
advanced [and either after the successful completion of or
concurrently with Algebra II or a] science course under Subsection
(b-1)(3) [(b-1)(1)] taken after the successful completion of
biology, and for an advanced social studies course under Subsection
(b-1)(4) [and chemistry and either after the successful completion
of or concurrently with physics] by successfully completing a
course in the appropriate content area that has been approved as an
advanced course by board rule [career and technical course
designated by the State Board of Education as containing
substantively similar and rigorous academic content. A student
may use the option provided by this subsection for not more than two
courses].
(b-3) In adopting rules for purposes of Subsection (b-2) [to
provide students with the option described by Subsection
(b-1)(1)(A)], the State Board of Education must approve a variety
of advanced English, mathematics, [and] science, and social studies
courses that may be taken [after the completion of Algebra II and
physics] to comply with the foundation high school [recommended]
program requirements.
(b-4) A school district may offer the curriculum described
in Subsections (b-1)(1) through (4) [Subsection (b-1)(1)(A)] in an
applied manner. Courses delivered in an applied manner must cover
the essential knowledge and skills, and the student shall be
administered the applicable end-of-course assessment instrument as
provided by Sections 39.023(c) and 39.025.
(b-5) A school district may offer a mathematics or science
course to be taken by a student after completion of Algebra II and
integrated physics and chemistry or another advanced science course
authorized under Subsection (b-2) [to comply with the recommended
program requirements in Subsection (b-1)(1)(A)]. A course
approved under this subsection must be endorsed by an institution
of higher education as a course for which the institution would
award course credit or as a prerequisite for a course for which the
institution would award course credit.
(b-7) The State Board of Education, in coordination with the
Texas Higher Education Coordinating Board, shall adopt rules to
ensure that a student may comply with the curriculum requirements
under the foundation [minimum, recommended, or advanced] high
school program for each subject of the foundation curriculum under
Section 28.002(a)(1) and for languages other than English under
Section 28.002(a)(2)(A) by successfully completing appropriate
courses in the core curriculum of an institution of higher
education under Section 61.822.
(b-9) The agency shall establish a pilot program allowing a
student attending school in a county with a population of more than
one million and in which more than 75 percent of the population
resides in a single municipality to satisfy the fine arts credit
required under Subsection (b-1)(7) [(b-1)(3)(A)] by participating
in a fine arts program not provided by the school district in which
the student is enrolled. The fine arts program may be provided on
or off a school campus and outside the regular school day. [Not
later than December 1, 2010, the agency shall provide to the
legislature a report regarding the pilot program, including the
feasibility of expanding the pilot program statewide.]
(b-10) A school district, with the approval of the
commissioner, may allow a student to comply with the curriculum
requirements for the physical education credit required under
Subsection (b-1)(8) [(b-1)(3)(B)] by participating in a private or
commercially sponsored physical activity program provided on or off
a school campus and outside the regular school day.
(b-11) In adopting rules under Subsection (b-1), the State
Board of Education shall allow a student who is unable to
participate in physical activity due to disability or illness to
substitute one credit in English language arts,
mathematics, science, or social studies or one academic elective
credit for the physical education credit required under Subsection
(b-1)(8) [(b-1)(3)(B)]. A credit allowed to be substituted under
this subsection may not also be used by the student to satisfy a
graduation requirement other than completion of the physical
education credit. The rules must provide that the determination
regarding a student's ability to participate in physical activity
will be made by:
(1) if the student receives special education services
under Subchapter A, Chapter 29, the student's admission, review,
and dismissal committee;
(2) if the student does not receive special education
services under Subchapter A, Chapter 29, but is covered by Section
504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), the
committee established for the student under that Act; or
(3) if each of the committees described by
Subdivisions (1) and (2) is inapplicable, a committee established
by the school district of persons with appropriate knowledge
regarding the student.
(b-13) The commissioner may adopt courses in English
language arts, mathematics, science, and social studies under
Subsection (b-2) as advanced courses that satisfy the requirements
of the foundation high school program.
(e) Each school district shall report the academic
achievement record of students who have completed the foundation [a
minimum, recommended, or advanced] high school program on
transcript forms adopted by the State Board of Education. The
transcript forms adopted by the board must be designed to clearly
[differentiate between each of the high school programs and]
identify whether a student received a diploma or a certificate of
coursework completion.
(h) The commissioner by rule shall adopt a transition plan
to implement and administer the amendments made by __.B. No. __,
83rd Legislature, Regular Session, 2013, replacing the minimum,
recommended, and advanced high school programs with the foundation
high school program beginning with the 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 that
program;
(2) the minimum high school program, as that program
existed before the adoption of __.B. No. __, 83rd Legislature,
Regular Session, 2013, if the student was participating in that
program before the 2014-2015 school year;
(3) the recommended high school program, as that
program existed before the adoption of __.B. No. __, 83rd
Legislature, Regular Session, 2013, if the student was
participating in that program before the 2014-2015 school year; or
(4) the advanced high school program, as that program
existed before the adoption of __.B. No. __, 83rd Legislature,
Regular Session, 2013, if the student was participating in that
program before the 2014-2015 school year.
(h-1) This subsection and Subsection (h) expire September
1, 2018.
SECTION 5. Section 28.0253(e), Education Code, is amended
to read as follows:
(e) A student who receives a high school diploma through the
pilot program is considered to have completed the foundation
[recommended] high school program adopted under Section 28.025
[28.025(a)]. The student is not guaranteed admission to any
institution of higher education or to any academic program at an
institution of higher education solely on the basis of having
received the diploma through the program.
SECTION 6. Section 28.027(b), Education Code, is amended to
read as follows:
(b) The State Board of Education shall establish a process
under which an applied STEM course may be reviewed and approved for
purposes of satisfying the mathematics and science curriculum
requirements for the foundation [recommended] high school program
[imposed] under Section 28.025 [28.025(b-1)(1)(A)] through
substitution of the applied STEM course for a specific mathematics
or science course otherwise authorized [required] under the
foundation [recommended] high school program [and completed during
the student's fourth year of mathematics or science course work].
The State Board of Education may only approve a course to substitute
for a mathematics course taken after successful completion of
Algebra I and geometry and after successful completion of or
concurrently with Algebra II. The State Board of Education may only
approve a course to substitute for a science course taken after
successful completion of biology [and chemistry and after
successful completion of or concurrently with physics].
SECTION 7. Subchapter B, Chapter 28, Education Code, is
amended by adding Section 28.028 to read as follows:
Sec. 28.028. WORKFORCE CERTIFICATION. (a) The State Board
of Education shall develop and adopt, in accordance with this
section, a workforce certification program for the purpose of
providing students an opportunity to earn a career or industry
certificate from a public junior college, as defined by Section
61.003.
(b) The workforce certification program developed and
adopted under Subsection (a) must:
(1) be administered in conjunction with a public
junior college; and
(2) provide certification based on successful
completion of curriculum requirements and of any additional
certification requirements in the following workforce areas:
(A) science, technology, engineering, and
mathematics;
(B) business and industry;
(C) human services; and
(D) humanities.
(c) The board shall establish a process under which a course
required for certification under Subsection (b) may be reviewed and
approved by the board for purposes of satisfying a curriculum
requirement for the foundation high school program under Section
28.025(b-1) through substitution of the course for a specified
course otherwise required under the foundation high school program.
(d) The commissioner shall adopt rules requiring a student
participating in the workforce certification program under this
section 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 is
administered. Notwithstanding Section 28.025(c) or 39.025(a), a
student may receive a high school diploma if the student performs
satisfactorily on the assessment instruments described by this
subsection in the manner provided under Section 39.025(a).
(e) In approving courses for the workforce certification
program, the board shall provide that a course completed as part of
the program may be transferred for course credit to a public junior
college or institution of higher education.
(f) A career or industry certificate earned under the
workforce certification program may be used to satisfy course
requirements at an institution of higher education.
(g) The board shall establish an advisory committee to
assist with the development and implementation of the workforce
certification program. The advisory committee must include:
(1) representatives of public junior colleges;
(2) a representative of the agency;
(3) a representative of the Texas Workforce
Commission;
(4) a representative of the Texas Higher Education
Coordinating Board; and
(5) industry representatives appointed by the
governor, lieutenant governor, and speaker of the house of
representatives.
SECTION 8. Section 29.096(e), Education Code, is amended to
read as follows:
(e) The commissioner shall establish minimum standards for
a local collaborative agreement, including a requirement that the
agreement must be signed by an authorized school district or
open-enrollment charter school officer and an authorized
representative of each of the other participating entities that is
a partner in the collaboration. The program must:
(1) limit participation in the program to students
authorized to participate by a parent or other person standing in
parental relationship;
(2) have as a primary goal graduation from high school
[under at least the recommended high school program];
(3) provide for local businesses or other employers to
offer paid employment or internship opportunities and advanced
career and vocational training;
(4) include an outreach component and a lead
educational staff member to identify and involve eligible students
and public and private entities in participating in the program;
(5) serve a population of students of which at least 50
percent are identified as students at risk of dropping out of
school, as described by Section 29.081(d);
(6) allocate not more than 15 percent of grant funds
and matching funds, as determined by the commissioner, to
administrative expenses;
(7) include matching funds from any of the
participating entities; and
(8) include any other requirements as determined by
the council.
SECTION 9. 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 minimum,
recommended, or advanced high school program, as appropriate,] for
high school graduation; or
(2) has failed to perform satisfactorily on an
end-of-course assessment instrument administered under Section
39.023(c) or an assessment instrument administered under Section
39.023(c) as that section existed before amendment by Chapter 1312
(S.B. 1031), Acts of the 80th Legislature, Regular Session, 2007.
SECTION 10. Section 29.904(d), Education Code, is amended
to read as follows:
(d) A plan developed under this section:
(1) must establish clear, achievable goals for
increasing the percentage of the school district's graduating
seniors, particularly the graduating seniors attending a high
school described by Subsection (a), who enroll in an institution of
higher education for the academic year following graduation;
(2) must establish an accurate method of measuring
progress toward the goals established under Subdivision (1) that
may include the percentage of district high school students and the
percentage of students attending a district high school described
by Subsection (a) who:
(A) are enrolled in a course for which a student
may earn college credit, such as an advanced placement or
international baccalaureate course or a course offered through
concurrent enrollment in high school and at an institution of
higher education;
(B) are enrolled in courses that meet the
curriculum requirements for the foundation [recommended or
advanced] high school program as determined under Section 28.025;
(C) have submitted a free application for federal
student aid (FAFSA);
(D) are exempt under Section 51.3062(p) or (q)
from administration of an assessment instrument under Section
51.3062 or have performed successfully on an assessment instrument
under Section 51.3062;
(E) graduate from high school;
(F) graduate from an institution of higher
education; and
(G) have taken college entrance examinations and
the average score of those students on the examinations;
(3) must cover a period of at least five years; and
(4) may be directed at district students at any level
of primary or secondary education.
SECTION 11. Section 33.007(b), Education Code, is amended
to read as follows:
(b) During the first school year a student is enrolled in a
high school or at the high school level in an open-enrollment
charter school, and again during a student's senior year, a
counselor shall provide information about higher education to the
student and the student's parent or guardian. The information must
include information regarding:
(1) the importance of higher education;
(2) [the advantages of completing the recommended or
advanced high school program adopted under Section 28.025(a);
[(3)] the disadvantages of taking courses to prepare
for a high school equivalency examination relative to the benefits
of taking courses leading to a high school diploma;
(3) [(4)] financial aid eligibility;
(4) [(5)] instruction on how to apply for federal
financial aid;
(5) [(6)] the center for financial aid information
established under Section 61.0776;
(6) [(7)] the automatic admission of certain students
to general academic teaching institutions as provided by Section
51.803;
(7) [(8)] the eligibility and academic performance
requirements for the TEXAS Grant as provided by Subchapter M,
Chapter 56; and
(8) [(9)] the availability of programs in the district
under which a student may earn college credit, including advanced
placement programs, dual credit programs, joint high school and
college credit programs, and international baccalaureate programs.
SECTION 12. (a) Section 39.023(c), Education Code, is
amended to read as follows:
(c) The agency shall also adopt end-of-course assessment
instruments for secondary-level courses in Algebra I, Algebra II,
geometry, biology, chemistry, physics, English I, English II,
English III, world geography, world history, and United States
history. The Algebra I, Algebra II, and geometry end-of-course
assessment instruments must be administered with the aid of
technology. A school district shall comply with State Board of
Education rules regarding administration of the assessment
instruments listed in this subsection [and shall adopt a policy
that requires a student's performance on an end-of-course
assessment instrument for a course listed in this subsection in
which the student is enrolled to account for 15 percent of the
student's final grade for the course. If a student retakes an
end-of-course assessment instrument for a course listed in this
subsection, as provided by Section 39.025, a school district is not
required to use the student's performance on the subsequent
administration or administrations of the assessment instrument to
determine the student's final grade for the course]. If a student
is in a special education program under Subchapter A, Chapter 29,
the student's admission, review, and dismissal committee shall
determine whether any allowable modification is necessary in
administering to the student an assessment instrument required
under this subsection. The State Board of Education shall
administer the assessment instruments. The State Board of
Education shall adopt a schedule for the administration of
end-of-course assessment instruments that complies with the
requirements of Subsection (c-3).
(b) This section applies beginning with the 2013-2014
school year.
SECTION 13. (a) Sections 39.025(a), (a-1), and (b-2),
Education Code, are amended 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[, in each subject in the foundation curriculum under
Section 28.002(a)(1), a cumulative score that is at least equal to
the product of the number of end-of-course assessment instruments
administered to the student in that subject and] a scale score that
indicates satisfactory performance, as determined by the
commissioner under Section 39.0241(a), on the Algebra I, English
III, biology, and United States history end-of-course assessment
instruments administered under Section 39.023(c). [A student must
achieve a minimum score as determined by the commissioner to be
within a reasonable range of the scale score under Section
39.0241(a) on an end-of-course assessment instrument for the score
to count towards the student's cumulative score. For purposes of
this subsection, a student's cumulative score is determined using
the student's highest score on each end-of-course assessment
instrument administered to the student.] A student may not receive
a high school diploma until the student has performed
satisfactorily on [the] end-of-course assessment instruments in
the manner provided under this subsection. This subsection does
not require a student to demonstrate readiness to enroll in an
institution of higher education.
(a-1) The commissioner by rule shall determine a method by
which a student's satisfactory performance on an advanced placement
test, international baccalaureate examination, an SAT Subject
Test, or another assessment instrument determined by the
commissioner to be at least as rigorous as an end-of-course
assessment instrument adopted under Section 39.023(c) may be used
to satisfy [as a factor in determining whether the student
satisfies] the requirements of Subsection (a)[, including the
cumulative score requirement of that subsection]. The
commissioner by rule may determine a method by which a student's
satisfactory performance on a Preliminary Scholastic Assessment
Test (PSAT) [assessment] or a preliminary American College Test
(ACT) [assessment] may be used as a factor in determining whether
the student satisfies the requirements of Subsection (a).
(b-2) If a school district determines that a student, on
completion of grade 11, is unlikely to achieve the [cumulative]
score requirement under this section [requirements] for one or more
end-of-course assessment instruments [subjects] prescribed under
[by] Subsection (a) for receiving a high school diploma, the
district shall require the student to enroll in a corresponding
content-area college preparatory course for which an end-of-course
assessment instrument has been adopted, if available. A student
who enrolls in a college preparatory course described by this
subsection shall be administered an end-of-course assessment
instrument for the course, with the end-of-course assessment
instrument scored on a scale as determined by the commissioner [not
to exceed 20 percent of the cumulative score requirements required
to graduate as determined under Subsection (a)]. A student may use
the student's score on the end-of-course assessment instrument for
the college preparatory course towards satisfying the [cumulative]
score requirement under this section [requirements prescribed by
Subsection (a)].
(b) This section applies beginning with the 2013-2014
school year.
SECTION 14. 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
[participating] in the foundation [recommended or advanced] high
school program under Section 28.025 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[, in each subject in
the foundation curriculum under Section 28.002(a)(1), a cumulative
score that is at least equal to the product of the number of
end-of-course assessment instruments administered to the student
in that subject and] a scale score that indicates satisfactory
performance, as determined by the commissioner under Section
39.0241(a), on the Algebra I, English III, biology, and United
States history end-of-course assessment instruments administered
under Section 39.023(c). [A student must achieve a minimum score
as determined by the commissioner to be within a reasonable range of
the scale score under Section 39.0241(a) on an end-of-course
assessment instrument for the score to count towards the student's
cumulative score. For purposes of this subsection, a student's
cumulative score is determined using the student's highest score on
each end-of-course assessment instrument administered to the
student.] A student may not receive a high school diploma until
the student has performed satisfactorily on [the] end-of-course
assessment instruments in the manner provided under this
subsection. This subsection does not require a student to
demonstrate readiness to enroll in an institution of higher
education.
SECTION 15. 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, [including the percentage of
students graduating under the recommended or advanced high school
program,] with no significant achievement gaps by race, ethnicity,
and socioeconomic status.
SECTION 16. Section 39.057(a), Education Code, is amended
to read as follows:
(a) The commissioner shall authorize special accreditation
investigations to be conducted:
(1) when excessive numbers of absences of students
eligible to be tested on state assessment instruments are
determined;
(2) when excessive numbers of allowable exemptions
from the required state assessment instruments are determined;
(3) in response to complaints submitted to the agency
with respect to alleged violations of civil rights or other
requirements imposed on the state by federal law or court order;
(4) in response to established compliance reviews of
the district's financial accounting practices and state and federal
program requirements;
(5) when extraordinary numbers of student placements
in disciplinary alternative education programs, other than
placements under Sections 37.006 and 37.007, are determined;
(6) in response to an allegation involving a conflict
between members of the board of trustees or between the board and
the district administration if it appears that the conflict
involves a violation of a role or duty of the board members or the
administration clearly defined by this code;
(7) when excessive numbers of students in special
education programs under Subchapter A, Chapter 29, are assessed
through assessment instruments developed or adopted under Section
39.023(b);
(8) in response to an allegation regarding or an
analysis using a statistical method result indicating a possible
violation of an assessment instrument security procedure
established under Section 39.0301, including for the purpose of
investigating or auditing a school district under that section;
(9) when a significant pattern of decreased academic
performance has developed as a result of the promotion in the
preceding two school years of students who did not perform
satisfactorily as determined by the commissioner under Section
39.0241(a) on assessment instruments administered under Section
39.023(a), (c), or (l);
(10) [when excessive numbers of students graduate
under the minimum high school program;
[(11)] when excessive numbers of students eligible to
enroll fail to complete an advanced mathematics [Algebra II] course
or any other advanced course determined by the commissioner [as
distinguishing between students participating in the recommended
high school program from students participating in the minimum high
school program];
(11) [(12)] when resource allocation practices as
evaluated under Section 39.0821 indicate a potential for
significant improvement in resource allocation; or
(12) [(13)] as the commissioner otherwise determines
necessary.
SECTION 17. 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 the minimum high school program, the recommended high
school program, and the advanced high school program;
[(2)] the results of the SAT, ACT, articulated
postsecondary degree programs described by Section 61.852, and
certified workforce training programs described by Chapter 311,
Labor Code;
(2) [(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;
(3) [(4) for each campus, the number of students,
disaggregated by major student subpopulations, that agree under
Section 28.025(b) to take courses under the minimum high school
program;
[(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;
(4) [(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);
(5) [(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);
(6) [(8)] the percentage of students who satisfy the
college readiness measure;
(7) [(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;
(8) [(10)] the percentage of students who are not
educationally disadvantaged;
(9) [(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
(10) [(12)] the percentage of students who
successfully complete the first year of instruction at an
institution of higher education without needing a developmental
education course.
SECTION 18. Section 39.305(b), Education Code, is amended
to read as follows:
(b) The report card shall include the following
information:
(1) where applicable, the student achievement
indicators described by Section 39.053(c) and the reporting
indicators described by Sections 39.301(c)(1) through (3) [(5)];
(2) average class size by grade level and subject;
(3) the administrative and instructional costs per
student, computed in a manner consistent with Section 44.0071; and
(4) the district's instructional expenditures ratio
and instructional employees ratio computed under Section 44.0071,
and the statewide average of those ratios, as determined by the
commissioner.
SECTION 19. Section 51.3062(q-1), Education Code, is
amended to read as follows:
(q-1) A student who has completed the foundation [a
recommended or advanced] high school program as determined under
Section 28.025 and demonstrated the performance standard for
college readiness as provided by Section 39.024 on the Algebra II
and English III end-of-course assessment instruments is exempt from
the requirements of this section with respect to those content
areas. The commissioner of higher education by rule shall
establish the period for which an exemption under this subsection
is valid.
SECTION 20. Sections 51.803(a) and (d), Education Code, are
amended to read as follows:
(a) Subject to Subsection (a-1), each general academic
teaching institution shall admit an applicant for admission to the
institution as an undergraduate student if the applicant graduated
with a grade point average in the top 10 percent of the student's
high school graduating class in one of the two school years
preceding the academic year for which the applicant is applying for
admission and:
(1) the applicant graduated from a public or private
high school in this state accredited by a generally recognized
accrediting organization or from a high school operated by the
United States Department of Defense;
(2) the applicant:
(A) successfully completed:
(i) at a public high school, the curriculum
requirements established under Section 28.025 for the foundation
[recommended or advanced] high school program; or
(ii) at a high school to which Section
28.025 does not apply, a curriculum that is equivalent in content
and rigor to the foundation [recommended or advanced] high school
program; or
(B) satisfied ACT's College Readiness Benchmarks
on the ACT assessment applicable to the applicant or earned on the
SAT assessment a score of at least 1,500 out of 2,400 or the
equivalent; and
(3) if the applicant graduated from a high school
operated by the United States Department of Defense, the applicant
is a Texas resident under Section 54.052 or is entitled to pay
tuition fees at the rate provided for Texas residents under Section
54.241(d) [54.058(d)] for the term or semester to which admitted.
(d) For purposes of Subsection (c)(2), a student's official
transcript or diploma must, not later than the end of the student's
junior year, indicate[:
[(1)] whether the student has satisfied or is on
schedule to satisfy the requirements of Subsection (a)(2)(A)(i) or
(ii), as applicable[; or
[(2) if Subsection (b) applies to the student, whether
the student has completed the portion of the recommended or
advanced curriculum or of the curriculum equivalent in content and
rigor, as applicable, that was available to the student].
SECTION 21. Section 51.804, Education Code, is amended to
read as follows:
Sec. 51.804. ADDITIONAL AUTOMATIC ADMISSIONS: SELECTED
INSTITUTIONS. For each academic year, the governing board of each
general academic teaching institution shall determine whether to
adopt an admissions policy under which an applicant to the
institution as a first-time freshman student, other than an
applicant eligible for admission under Section 51.803, shall be
admitted to the institution if the applicant:
(1) graduated from a public or private high school in
this state accredited by a generally recognized accrediting
organization with a grade point average in the top 25 percent of the
applicant's high school graduating class; and
(2) satisfies the requirements of:
(A) Section 51.803(a)(2)(A) or (B) [51.803(b),
as applicable to the student, or Section 51.803 (a)(2)(B)]; and
(B) Sections 51.803(c)(2) and 51.803(d).
SECTION 22. Section 51.805(a), Education Code, is amended
to read as follows:
(a) A graduating student who does not qualify for admission
under Section 51.803 or 51.804 may apply to any general academic
teaching institution if the student satisfies the requirements of:
(1) Section 51.803(a)(2)(A) or (B) [51.803(b), as
applicable to the student, or Section 51.803(a)(2)(B)]; and
(2) Sections 51.803(c)(2) and 51.803(d).
SECTION 23. Section 51.807(b), Education Code, is amended
to read as follows:
(b) The Texas Higher Education Coordinating Board, after
consulting with the Texas Education Agency, by rule shall establish
standards for determining for purposes of this subchapter:
(1) whether a private high school is accredited by a
generally recognized accrediting organization; and
(2) whether a person completed a high school
curriculum that is equivalent in content and rigor to the
curriculum requirements established under Section 28.025 for the
foundation [recommended or advanced] high school program.
SECTION 24. Subchapter A, Chapter 56, Education Code, is
amended by adding Section 56.009 to read as follows:
Sec. 56.009. ELIGIBILITY BASED ON GRADUATION UNDER CERTAIN
HIGH SCHOOL PROGRAMS. To the extent that a person's eligibility to
participate in any program under this chapter, including
Subchapters K, M, Q, and R, is contingent on the person graduating
under the recommended or advanced high school program, as those
programs existed before the adoption of __.B. No. _____, 83rd
Legislature, Regular Session, 2013, the Texas Higher Education
Coordinating Board and the commissioner of education shall jointly
adopt rules to modify, clarify, or otherwise establish for affected
programs appropriate eligibility requirements regarding high
school curriculum completion.
SECTION 25. Section 61.0517(a), Education Code, is amended
to read as follows:
(a) In this section, "applied STEM course" means an applied
science, technology, engineering, or mathematics course offered as
part of a school district's career and technology education
curriculum and approved, as provided by Section 28.027, by the
State Board of Education for purposes of satisfying the mathematics
and science curriculum requirements for the foundation
[recommended] high school program [imposed] under Section 28.025
[28.025(b-1)(1)(A)].
SECTION 26. Section 61.792(b), Education Code, is amended
to read as follows:
(b) To qualify for a scholarship under this section, a
student must:
(1) have graduated with a grade point average in the
top 20 percent of the student's high school graduating class;
(2) have graduated from high school with a grade point
average of at least 3.5 on a four-point scale or the equivalent in
mathematics and science courses offered under the foundation
[recommended or advanced] high school program under Section 28.025
[28.025(a)]; and
(3) maintain an overall grade point average of at
least 3.0 on a four-point scale at the general academic teaching
institution or the private or independent institution of higher
education in which the student is enrolled.
SECTION 27. Section 61.852(a), Education Code, is amended
to read as follows:
(a) A tech-prep program is a program of study that:
(1) combines at least two years of secondary education
with at least two years of postsecondary education in a
nonduplicative, sequential course of study based on the foundation
[recommended] high school program adopted by the State Board of
Education under Section 28.025 [28.025(a)];
(2) integrates academic instruction and vocational
and technical instruction;
(3) uses work-based and worksite learning where
available and appropriate;
(4) provides technical preparation in a career field
such as engineering technology, applied science, a mechanical,
industrial, or practical art or trade, agriculture, health
occupations, business, or applied economics;
(5) builds student competence in mathematics,
science, reading, writing, communications, economics, and
workplace skills through applied, contextual academics and
integrated instruction in a coherent sequence of courses;
(6) leads to an associate degree, two-year
postsecondary certificate, or postsecondary two-year
apprenticeship with provisions, to the extent applicable, for
students to continue toward completion of a baccalaureate degree;
and
(7) leads to placement in appropriate employment or to
further education.
SECTION 28. Section 61.855(d), Education Code, is amended
to read as follows:
(d) A tech-prep program must:
(1) be implemented under an articulation agreement
between the participants in the consortium;
(2) consist of two to four years of secondary school
preceding graduation and:
(A) two or more years of higher education; or
(B) two or more years of apprenticeship following
secondary instruction;
(3) have a common core of required proficiency based
on the foundation [recommended] high school program adopted by the
State Board of Education under Section 28.025 [28.025(a)], with
proficiencies in mathematics, science, reading, writing,
communications, and technologies designed to lead to an associate's
degree or postsecondary certificate in a specific career field;
(4) include the development of tech-prep program
curricula for both secondary and postsecondary participants in the
consortium that:
(A) meets academic standards developed by the
state;
(B) links secondary schools and two-year
postsecondary institutions, and, if practicable, four-year
institutions of higher education through nonduplicative sequences
of courses in career fields, including the investigation of
opportunities for tech-prep students to enroll concurrently in
secondary and postsecondary course work;
(C) uses, if appropriate and available,
work-based or worksite learning in conjunction with business and
all aspects of an industry; and
(D) uses educational technology and distance
learning, as appropriate, to involve each consortium participant
more fully in the development and operation of programs;
(5) include in-service training for teachers that:
(A) is designed to train vocational and technical
teachers to effectively implement tech-prep programs;
(B) provides for joint training for teachers in
the tech-prep consortium;
(C) is designed to ensure that teachers and
administrators stay current with the needs, expectations, and
methods of business and of all aspects of an industry;
(D) focuses on training postsecondary education
faculty in the use of contextual and applied curricula and
instruction; and
(E) provides training in the use and application
of technology;
(6) include training programs for counselors designed
to enable counselors to more effectively:
(A) provide information to students regarding
tech-prep programs;
(B) support student progress in completing
tech-prep programs;
(C) provide information on related employment
opportunities;
(D) ensure that tech-prep students are placed in
appropriate employment; and
(E) stay current with the needs, expectations,
and methods of business and of all aspects of an industry;
(7) provide equal access to the full range of
tech-prep programs for individuals who are members of special
populations, including by the development of tech-prep program
services appropriate to the needs of special populations; and
(8) provide for preparatory services that assist
participants in tech-prep programs.
SECTION 29. Section 61.861(c), Education Code, is amended
to read as follows:
(c) A course developed for purposes of this section must:
(1) provide content that enables a student to develop
the relevant and critical skills needed to be prepared for
employment or additional training in a high-demand occupation;
(2) incorporate college and career readiness skills as
part of the curriculum;
(3) be offered for dual credit; and
(4) satisfy a mathematics or science requirement under
the foundation [recommended or advanced] high school program as
determined under Section 28.025.
SECTION 30. Section 61.864, Education Code, is amended to
read as follows:
Sec. 61.864. REVIEW OF COURSES. Courses for which a grant
is awarded under this subchapter shall be reviewed by the
commissioner of higher education and the commissioner of education,
in consultation with the comptroller and the Texas Workforce
Commission, once every four years to determine whether the course:
(1) is being used by public educational institutions
in this state;
(2) prepares high school students with the skills
necessary for employment in the high-demand occupation and further
postsecondary study; and
(3) satisfies a mathematics or science requirement for
the foundation [recommended or advanced] high school program as
determined under Section 28.025.
SECTION 31. Section 78.10(b), Education Code, is amended to
read as follows:
(b) The Texas Academy of Mathematics and Science is a
division of The University of Texas at Brownsville and is under the
management and control of the board. The academy serves the
following purposes:
(1) to provide academically gifted and highly
motivated junior and senior high school students with a challenging
university-level curriculum that:
(A) allows students to complete high school
graduation requirements[, including requirements adopted] under
Section 28.025 for the foundation [advanced] high school program,
while attending for academic credit a public institution of higher
education;
(B) fosters students' knowledge of real-world
mathematics and science issues and applications and teaches
students to apply critical thinking and problem-solving skills to
those issues and problems;
(C) includes the study of English, foreign
languages, social studies, mathematics, science, and technology;
and
(D) offers students learning opportunities
related to mathematics and science through in-depth research and
field-based studies;
(2) to provide students with an awareness of
mathematics and science careers and professional development
opportunities through seminars, workshops, collaboration with
postsecondary and university students including opportunities for
summer studies, internships in foreign countries, and similar
methods; and
(3) to provide students with social development
activities that enrich the academic curriculum and student life,
including, as determined appropriate by the academy, University
Interscholastic League activities and other extracurricular
activities.
SECTION 32. Section 87.505(b), Education Code, is amended
to read as follows:
(b) The Texas Academy of International Studies is a division
of Texas A&M International University and is under the management
and control of the board. The academy serves the following
purposes:
(1) to provide academically gifted and highly
motivated junior and senior high school students with a challenging
university-level curriculum that:
(A) allows students to complete high school
graduation requirements[, including requirements adopted] under
Section 28.025 for the foundation [advanced] high school program,
while attending for academic credit a public institution of higher
education;
(B) fosters students' knowledge of real-world
international issues and problems and teaches students to apply
critical thinking and problem-solving skills to those issues and
problems;
(C) includes the study of English, foreign
languages, social studies, anthropology, and sociology;
(D) is presented through an interdisciplinary
approach that introduces and develops issues, especially issues
related to international concerns, throughout the curriculum; and
(E) offers students learning opportunities
related to international issues through in-depth research and
field-based studies;
(2) to provide students with an awareness of
international career and professional development opportunities
through seminars, workshops, collaboration with postsecondary
students from other countries, summer academic international
studies internships in foreign countries, and similar methods; and
(3) to provide students with social development
activities that enrich the academic curriculum and student life,
including, as determined appropriate by the academy, University
Interscholastic League activities and other extracurricular
activities generally offered by public high schools.
SECTION 33. Section 303.003, Labor Code, is amended by
amending Subsections (a) and (b) and adding Subsection (b-2) to
read as follows:
(a) To achieve the purposes of this chapter, the skills
development fund is created. The fund is composed of:
(1) money transferred into the fund under Section
204.123; [and]
(2) money deposited into the fund under Section
151.801(a-1), Tax Code; and
(3) any amounts appropriated by the legislature for
the purpose of this chapter from the general revenue fund.
(b) Except as provided by Subsection (b-2), the [The] skills
development fund may be used by public community and technical
colleges, community-based organizations, and the Texas Engineering
Extension Service as start-up or emergency funds for the following
job-training purposes:
(1) developing customized training programs for
businesses and trade unions; and
(2) sponsoring small and medium-sized business
networks and consortiums.
(b-2) Money deposited into the fund under Section
151.801(a-1), Tax Code, may be used only to fund certification
programs offered by public junior colleges in partnership with
public high schools in this state. To be eligible for money under
this subsection, a program must provide a high school student with
training necessary for the student to be eligible to obtain, at the
time the student completes the program, an occupational license or
another certification required to obtain skilled employment.
SECTION 34. Section 151.419(b), Tax Code, is amended to
read as follows:
(b) The application must be accompanied with:
(1) an agreement that is signed by the applicant or a
responsible officer of an applicant corporation, that is in a form
prescribed by the comptroller, and that provides that the applicant
agrees to:
(A) accrue and pay all taxes imposed by
Subchapter D [of this chapter] on the storage and use of all taxable
items sold to or leased or rented by the permit holder unless the
items are exempted from the taxes imposed by this chapter; and
(B) pay the imposed taxes monthly on or before
the 20th day of the month following the end of each calendar month;
[and
[(C) waive the discount permitted by Section
151.423 of this code on the payment of all taxes under the direct
payment permit only;]
(2) a description, in the amount of detail that the
comptroller requires, of the accounting method by which the
applicant proposes to differentiate between taxable and exempt
transactions; and
(3) records establishing that the applicant is a
responsible person who annually purchases taxable items that have a
value when purchased of $800,000 or more excluding the value of
taxable items for which resale certificates were or could have been
given.
SECTION 35. Section 151.428(c), Tax Code, is amended to
read as follows:
(c) The reporting, collection, refund, and penalty
provisions of this chapter and Subtitle B [of this title] apply to
the payments required by this section[, except that Sections
151.423 and 151.424 of this code do not apply to this section].
SECTION 36. Section 151.801, Tax Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) Except for the amounts allocated under Subsections
(a-1), (b), and (c), all proceeds from the collection of the taxes
imposed by this chapter shall be deposited to the credit of the
general revenue fund.
(a-1) In each state fiscal year, the comptroller shall
determine the difference between the amount of proceeds derived
from the collection of the taxes imposed by this chapter and the
amount of proceeds that would be derived from the collection of
those taxes if Sections 151.423 and 151.424, as those sections
existed on September 1, 2012, were still in effect. The comptroller
shall deposit an amount equal to that difference to the credit of
the skills development fund created under Section 303.003, Labor
Code.
SECTION 37. Section 152.047(a), Tax Code, is amended to
read as follows:
(a) Except as inconsistent with this chapter and rules
adopted under this chapter, the seller of a motor vehicle shall
report and pay the tax imposed on a seller-financed sale to the
comptroller on the seller's receipts from seller-financed sales in
the same manner as the sales tax is reported and paid by a retailer
under Sections 151.401, 151.402, 151.405, 151.406, and 151.409[,
151.423, 151.424, and 151.425].
SECTION 38. (a) The following provisions of the Education
Code are repealed:
(1) Section 28.002(q);
(2) Sections 28.025(b-6), (b-8), and (g);
(3) Sections 39.025(a-2) and (a-3); and
(4) Section 51.803(b).
(b) Sections 151.423, 151.424, and 151.425, Tax Code, are
repealed.
SECTION 39. The State Board of Education and the
commissioner of education shall adopt rules as necessary to
implement Section 28.028, Education Code, as added by this Act,
beginning with the 2014-2015 school year.
SECTION 40. Not later than October 1, 2013, the State Board
of Education shall establish the advisory committee required under
Section 28.028(g), Education Code, as added by this Act.
SECTION 41. Section 39.025, Education Code, as amended by
Sections 13 and 14 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.
SECTION 42. The change in law made by this Act does not
affect tax liability accruing before the effective date of this
Act. That liability continues in effect as if this Act had not been
enacted, and the former law is continued in effect for the
collection of taxes due and for civil and criminal enforcement of
the liability for those taxes.
SECTION 43. Except as otherwise provided by this Act, this
Act applies beginning with the 2014-2015 school year.
SECTION 44. 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.