Bill Text: TX SB1618 | 2013-2014 | 83rd Legislature | Introduced

---

Bill Title: Relating to public school accountability, including assessment, and curriculum requirements.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-03-20 - Referred to Education [SB1618 Detail]

Download: Texas-2013-SB1618-Introduced.html

---

83R10172 PAM-F
By: West S.B. No. 1618

A BILL TO BE ENTITLED
AN ACT
relating to public school accountability, including assessment,
and curriculum requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (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 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.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 2. (a) Section 28.002(f), Education Code, is
amended to read as follows:
(f) A school district may offer courses for local credit in
addition to those in the required curriculum. The State Board of
Education shall be flexible in approving a course for credit for
high school graduation under this subsection. A district may also
offer courses for local 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 and community leaders to develop and
provide the courses; and
(2) the courses prepare students to enter:
(A) a career or technology training program in
the district's region of the state; or
(B) an institution of higher education without
remediation.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 3. (a) Sections 28.014(a), (c), and (f), Education
Code, are amended to read as follows:
(a) The commissioner of education and the commissioner of
higher education shall develop and recommend to the State Board of
Education for adoption under Section 28.002 the essential knowledge
and skills of courses in college preparatory mathematics, science,
social studies, and English language arts. The courses must be
designed:
(1) for students at the 12th grade level who do not
meet college readiness standards on an end-of-course assessment
instrument required under Section 39.023(c) or an end-of-course
assessment instrument adopted under Section 39.023(c-2); and
(2) to prepare students for success in entry-level
college courses.
(c) The agency, in consultation with the Texas Higher
Education Coordinating Board, shall adopt an end-of-course
assessment instrument for each course developed under this section
to ensure the rigor of the course. A school district shall, in
accordance with State Board of Education rules, administer the
end-of-course assessment instrument to a student enrolled in a
course developed under this section. A [Each] school district may
[shall] adopt a policy that requires a student's performance on the
end-of-course assessment instrument to be considered in
determining [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. (a) 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.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 5. (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), (c-1), (c-2), (e-1), (h), and (h-1) to read as follows:
(a) The State Board of Education by rule shall determine
curriculum requirements for the foundation [minimum, recommended,
and advanced] high school program [programs] that are consistent
with the required curriculum under Section 28.002. The [Subject to
Subsection (b-1), the] State Board of Education shall designate the
specific courses in the foundation curriculum under Section
28.002(a)(1) required under [for a student participating in] the
foundation [minimum, recommended, or advanced] high school
program. Except as 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 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) 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 any 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
geography, 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) except as provided under Subsection (b-12)
[(B) for the recommended high school program], two credits in the
same language in a language other than English under Section
28.002(a)(2)(A) [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) eight [(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, and for
an advanced [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 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 or that is offered as an advanced course for
local credit without board approval as provided by Section
28.002(f) [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 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
physics [to comply with the recommended program requirements in
Subsection (b-1)(1)(A)]. A course approved under this subsection
must be endorsed by an institution of higher education as a course
for which the institution would award course credit or as a
prerequisite for a course for which the institution would award
course credit.
(b-7) The State Board of Education, in coordination with the
Texas Higher Education Coordinating Board, shall adopt rules to
ensure that a student may comply with the curriculum requirements
under the foundation [minimum, recommended, or advanced] high
school program for each subject of the foundation curriculum under
Section 28.002(a)(1) and for languages other than English 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-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 American Sign Language or two credits
in computer programming languages.
(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. 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, 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, and heating, ventilation, and air conditioning;
(3) public services, which includes courses directly
related to health sciences and occupations, education and training,
law enforcement, culinary arts and hospitality, and agricultural
science; and
(4) arts and humanities, which includes courses
directly related to political science, world languages, cultural
studies, English literature, history, and fine arts.
(c-2) A student may earn a distinguished 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) on a college advanced placement test or
international baccalaureate examination; or
(C) on a Preliminary Scholastic Assessment Test
(PSAT), a preliminary American College Test (ACT), the Scholastic
Assessment Test (SAT), or the American College Test (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 [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.
(e-1) A school district shall clearly indicate an
endorsement described by Subsection (c-1) and a distinguished
performance acknowledgment described by Subsection (c-2) 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.
(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 this
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.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 6. (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 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.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 7. (a) 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].
(b) This section applies beginning with the 2014-2015
school year.
SECTION 8. (a) Section 29.0821(a), Education Code, is
amended to read as follows:
(a) A school district may provide a flexible year program
for students who did not or are likely not to perform successfully
on an assessment instrument administered under Section 39.023(a),
(c), or (l) [39.023] or who would not otherwise be promoted to the
next grade level.
(b) This section applies beginning with the 2013-2014
school year.
SECTION 9. (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
[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.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 10. (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
[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.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 11. (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 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.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 12. (a) Section 30A.110(b), Education Code, is
amended to read as follows:
(b) Each student enrolled under this chapter in an
electronic course offered through the state virtual school network
must take any assessment instrument under Section 39.023(a), (b),
(c), or (l) [39.023] that is administered to students who are
provided instruction in the course material in the traditional
classroom setting. The administration of the assessment
instrument to the student enrolled in the electronic course must be
supervised by a proctor.
(b) This section applies beginning with the 2013-2014
school year.
SECTION 13. (a) 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.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 14. (a) Section 33.0812(a), Education Code, is
amended to read as follows:
(a) The State Board of Education by rule shall prohibit
participation in a University Interscholastic League area,
regional, or state competition:
(1) on Monday through Thursday of the school week in
which the primary administration of assessment instruments under
Section 39.023(a), (c), (c-2), or (l) occurs; or
(2) if the primary administration of the assessment
instruments is completed before Thursday of the school week,
beginning on Monday and ending on the last school day on which the
assessment instruments are administered.
(b) This section applies beginning with the 2013-2014
school year.
SECTION 15. (a) Section 39.023, Education Code, is amended
by amending Subsections (a), (a-1), (c), (c-2), and (c-3) and
adding Subsections (a-3), (a-4), (a-5), (a-6), (a-7), (a-8), and
(c-7) to read as follows:
(a) The agency shall adopt or develop appropriate
criterion-referenced assessment instruments designed to assess
essential knowledge and skills in reading, writing, mathematics,
[social studies,] and science. Except as provided by Subsection
(a-2), all students, other than students assessed under Subsection
(b) or (l) or exempted under Section 39.027, shall be assessed in:
(1) mathematics[, annually] in grades three and five
[through seven] without the aid of technology and in grade eight
with the aid of technology on any assessment instrument that
includes algebra;
(2) reading[, annually] in grades three, five, and
[through] eight;
(3) writing, including spelling and grammar, in grades
four and seven;
(4) [social studies, in grade eight;
[(5)] science, in grade [grades five and] eight; and
(5) [(6)] any other subject and grade required by
federal law.
(a-1) The agency shall develop assessment instruments
required under Subsections [Subsection] (a), (a-3), (a-4), (a-5),
and (a-6) in a manner that allows, to the extent practicable:
(1) the score a student receives to provide reliable
information relating to a student's satisfactory performance for
each performance standard under Section 39.0241; and
(2) an appropriate range of performances to serve as a
valid indication of growth in student achievement.
(a-3) A student shall be assessed in grade four in a subject
for which an assessment instrument is administered under Subsection
(a) in grade three if, on the final assessment instrument in that
subject administered under Subsection (a) to the student in grade
three during the preceding school year, the student did not achieve
a scale score equal to or greater than the scale score that
indicates satisfactory performance on that assessment instrument,
as determined by the commissioner under Section 39.0241(a).
(a-4) A student shall be assessed in grade five in a subject
for which an assessment instrument is administered under Subsection
(a) in grade four if, on the final assessment instrument in that
subject administered under Subsection (a) to the student in grade
four during the preceding school year, the student did not achieve a
scale score equal to or greater than the scale score that indicates
satisfactory performance on that assessment instrument, as
determined by the commissioner under Section 39.0241(a).
(a-5) A student shall be assessed in grade six in a subject
for which an assessment instrument is administered under Subsection
(a) in grade five if, on the final assessment instrument in that
subject administered under Subsection (a) to the student in grade
five during the preceding school year, the student did not achieve a
scale score equal to or greater than the scale score that indicates
satisfactory performance on that assessment instrument, as
determined by the commissioner under Section 39.0241(a).
(a-6) A student shall be assessed in grade eight in a
subject for which an assessment instrument is administered under
Subsection (a) in grade seven if, on the final assessment
instrument in that subject administered under Subsection (a) to the
student in grade seven during the preceding school year, the
student did not achieve a scale score equal to or greater than the
scale score that indicates satisfactory performance on that
assessment instrument, as determined by the commissioner under
Section 39.0241(a).
(a-7) The results of an assessment instrument administered
under Subsection (a-3), (a-4), (a-5), or (a-6) may not be included
as a student achievement indicator under Section 39.053 or any
other provision of this code.
(a-8) If there is a conflict between this section and
federal law as a result of forgoing under this section certain
administration of assessment instruments to students who have
recently performed successfully on assessment instruments
assessing the same subject, the commissioner shall seek a waiver
from the application of conflicting federal law.
(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 instrument [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 may [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 be considered in determining
[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
specified in this subsection and Subsection (c-2) that complies
with the requirements of Subsection (c-3).
(c-2) The agency shall also adopt end-of-course assessment
instruments for secondary-level courses in Algebra II and English
III, which shall be administered to a student at the student's
option. The Algebra II end-of-course assessment instrument must be
administered with the aid of technology. A school district shall
comply with State Board of Education rules regarding administration
of the Algebra II and English III end-of-course assessment
instruments. [The agency may adopt end-of-course assessment
instruments for courses not listed in Subsection (c).] A student's
performance on an end-of-course assessment instrument adopted
under this subsection is not subject to the performance
requirements established under Subsection (c) or Section 39.025.
(c-3) In adopting a schedule for the administration of
assessment instruments under this section, the State Board of
Education [shall require]:
(1) shall require 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) shall require the spring administration of
end-of-course assessment instruments under Subsection (c) or the
end-of-course assessment instrument in Algebra II under Subsection
(c-2) 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,] English II[,
and English III] must be permitted to occur at an earlier date; and
(3) shall permit the spring administration of the
end-of-course assessment instruments in English III under
Subsection (c-2) to occur earlier than the first full week in May.
(c-7) An end-of-course assessment instrument adopted under
Subsection (c) must, consistent with Section 39.027, be capable of
administration with linguistic accommodations. An optional
end-of-course assessment instrument adopted under Subsection (c-2)
also must be capable of administration with linguistic
accommodations.
(b) This section applies beginning with the 2013-2014
school year.
SECTION 16. (a) Sections 39.0233(a) and (b), Education
Code, are 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 Sections [Section] 39.023(c) and (c-2) 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 39.113 and
51.3062.
(b) In addition to the questions adopted under Subsection
(a), the agency shall adopt a series of questions to be included in
an end-of-course assessment instrument administered under Sections
[Section] 39.023(c) and (c-2) to be used for purposes of
identifying students who are likely to succeed in an advanced high
school course. A school district shall notify a student who
performs at a high level on the questions adopted under this
subsection and the student's parent or guardian of the student's
performance and potential to succeed in an advanced high school
course. A school district may not require a student to perform at a
particular level on the questions adopted under this subsection in
order to be eligible to enroll in an advanced high school course.
(b) This section applies beginning with the 2013-2014
school year.
SECTION 17. (a) Section 39.024(b), Education Code, is
amended to read as follows:
(b) The agency and the Texas Higher Education Coordinating
Board shall ensure that the Algebra II and English III
end-of-course assessment instruments adopted [required] under
Section 39.023(c-2) [39.023(c)] are developed to be capable of,
beginning with the 2011-2012 school year, measuring college
readiness.
(b) This section applies beginning with the 2013-2014
school year.
SECTION 18. (a) Section 39.0241(a-2), Education Code, is
amended to read as follows:
(a-2) For the purpose of establishing performance across
grade levels, the commissioner shall establish:
(1) the performance standards for the Algebra II and
English III end-of-course assessment instruments, as provided
under Section 39.024(b) and under Subsection (a);
(2) the performance standards for the Algebra I and
English II end-of-course assessment instruments, as determined
based on studies under Section 39.0242 that correlate student
performance on the Algebra I and English II end-of-course
assessment instruments with student performance on the Algebra II
and English III assessment instruments;
(3) [the performance standards for the English I
end-of-course assessment instrument, as determined based on
studies under Section 39.0242 that correlate student performance on
the English I end-of-course assessment instrument with student
performance on the English II assessment instrument;
[(4)] the performance standards for the grade eight
assessment instruments, as determined based on studies under
Section 39.0242 that correlate student performance on the grade
eight assessment instruments with student performance on the
Algebra I and English II [I] end-of-course assessment instruments
in the same content area; and
(4) [(5)] the performance standards on the assessment
instruments in each of grades three through seven, as determined
based on studies under Section 39.0242 that correlate student
performance in the same content area on the assessment instrument
for each grade with student performance on the assessment
instrument in the succeeding grade.
(b) This section applies beginning with the 2013-2014
school year.
SECTION 19. (a) Section 39.0242(b), Education Code, is
amended to read as follows:
(b) Before the beginning of the 2011-2012 school year, the
agency shall analyze the data collected under Subsection (a) to
substantiate:
(1) the correlation between satisfactory student
performance for each performance standard under Section 39.0241 on
the grade three, four, five, six, or seven assessment instruments
with satisfactory performance under the same performance standard
on the assessment instruments in the same content area for the next
grade level;
(2) the correlation between satisfactory student
performance for each performance standard under Section 39.0241 on
the grade eight assessment instruments with satisfactory
performance under the same performance standard on the Algebra I
and English II [I] end-of-course assessment instruments in the same
content area;
(3) [the correlation between satisfactory student
performance for each performance standard under Section 39.0241 on
the English I end-of-course assessment instrument with
satisfactory performance under the same performance standard on the
English II end-of-course assessment instrument;
[(4)] the correlation between satisfactory student
performance for each performance standard under Section 39.0241 on
the English II end-of-course assessment instrument with
satisfactory performance under the same performance standard on the
English III end-of-course assessment instrument; and
(4) [(5)] the correlation between satisfactory
student performance for each performance standard under Section
39.0241 on the Algebra I end-of-course assessment instrument with
satisfactory performance under the same performance standard on the
Algebra II end-of-course assessment instrument.
(b) This section applies beginning with the 2013-2014
school year.
SECTION 20. (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[, 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 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. [A student must achieve a minimum score as determined by
the commissioner to be within a reasonable range of the scale score
under Section 39.0241(a) on an end-of-course assessment instrument
for the score to count towards the student's cumulative score. For
purposes of this subsection, a student's cumulative score is
determined using the student's highest score on each end-of-course
assessment instrument administered to the student.] A student may
not receive a high school diploma until the student has performed
satisfactorily on [the] end-of-course assessment instruments in
the manner provided under this subsection. This subsection does
not require a student to demonstrate readiness to enroll in an
institution of higher education.
(a-1) The commissioner by rule shall determine a method by
which a student's satisfactory performance on an advanced placement
test, international baccalaureate examination, an SAT Subject
Test, or another assessment instrument determined by the
commissioner to be at least as rigorous as an end-of-course
assessment instrument adopted under Section 39.023(c) may be used
as a factor in determining whether the student satisfies the
requirements of Subsection (a)[, 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).
(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 minimum score under Subsection (a) may [shall]
retake the assessment instrument. A student who fails to perform
satisfactorily on an Algebra II or English III end-of-course
assessment instrument under the college readiness performance
standard, as provided under Section 39.024(b), may retake the
assessment instrument. [Any other student may retake an
end-of-course assessment instrument for any reason.] A student is
not required to retake a course as a condition of retaking an
end-of-course assessment instrument.
(b-2) If a school district determines that a student, on
completion of grade 11, is unlikely to achieve the [cumulative]
score requirement under this section [requirements] for one or more
end-of-course assessment instruments [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 21. (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
[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 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. [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.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 22. (a) Sections 39.034(a) and (c), Education
Code, are amended to read as follows:
(a) The commissioner shall determine a method by which the
agency may measure annual improvement in student achievement from
one school year to the next on an assessment instrument required
under this subchapter or on an end-of-course assessment instrument
adopted under Section 39.023(c-2).
(c) The agency shall use a student's previous years'
performance data on an assessment instrument described by
Subsection (a) [required under this subchapter] to determine the
student's expected annual improvement. The agency shall report
that expected level of annual improvement and the actual level of
annual improvement achieved to the district. The report must state
whether the student fell below, met, or exceeded the agency's
expectation for improvement.
(b) This section takes effect beginning with the 2013-2014
school year.
SECTION 23. (a) Section 39.035(a), Education Code, is
amended to read as follows:
(a) Subject to Subsection (b), the agency may conduct field
testing of questions for any assessment instrument administered
under Section 39.023(a), (b), (c), (c-2), (d), or (l) that is
separate from the administration of the assessment instrument not
more frequently than every other school year.
(b) This section applies beginning with the 2013-2014
school year.
SECTION 24. (a) Section 39.053(c), Education Code, is
amended to read as follows:
(c) Indicators of student achievement adopted under this
section may include any indicator the commissioner determines
reflects the quality of learning and student achievement, excluding
the results of assessment instruments administered under Section
39.023(a-3), (a-4), (a-5), (a-6), or (c-2), and 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; and
(3) high school graduation rates, computed in
accordance with standards and definitions adopted in compliance
with the No Child Left Behind Act of 2001 (20 U.S.C. Section 6301 et
seq.).
(b) This section applies beginning with the 2013-2014
school year.
SECTION 25. (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, [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.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 26. (a) Sections 39.054(a) and (b), Education Code,
are amended to read as follows:
(a) The commissioner shall adopt rules to evaluate school
district and campus performance and[, not later than August 8 of
each year,] assign each district and campus a performance rating
that reflects acceptable performance or unacceptable performance.
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 of unacceptable performance for the
preceding school year, the commissioner shall notify the district
of a subsequent such designation on or before June 15.
(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) [39.053(c)].
(b) This section applies beginning with the 2013-2014
school year.
SECTION 27. (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 CAMPUS
PERFORMANCE IN COMMUNITY AND STUDENT ENGAGEMENT. (a) Each school
district shall evaluate the performance of each campus in the
district in community and student engagement as provided by this
section and assign each campus a performance rating. Not later than
August 8 of each year, the district shall make the performance
rating publicly available as provided by commissioner rule.
(b) For purposes of assigning the performance rating under
Subsection (a), a school district must evaluate the following
programs or specific categories of performance at each campus:
(1) fine arts;
(2) wellness and physical education;
(3) community and parental involvement;
(4) the 21st Century Workforce Development program;
and
(5) the second language acquisition program.
(c) A school district shall use criteria developed by the
commissioner as described by Subsection (d)(1) in conjunction with
criteria developed by a local committee established as provided by
Subsection (d)(2) to evaluate the performance of a campus under
this section.
(d) The commissioner shall:
(1) in accordance with commissioner rule, establish a
separate committee that includes members as described by Sections
39.204(c) and (d) to develop criteria for each program or category
of performance under Subsection (b) in the manner provided for
developing criteria for a distinction designation under Section
39.204(e); and
(2) by commissioner rule, prescribe requirements for
school districts to use to establish a local committee to develop
district criteria.
(b) This section applies beginning with the 2013-2014
school year.
SECTION 28. (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) [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 an advanced English [any other] 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.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 29. (a) Section 39.082, Education Code, is amended
by adding Subsections (d) and (e) to read as follows:
(d) Under the financial accountability rating systems
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.
(e) 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 systems
developed under this section shall be made publicly available as
provided by rules adopted under this section.
(b) This section applies beginning with the 2013-2014
school year.
SECTION 30. (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 [under] this subchapter. A distinction designation
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 31. (a) Section 39.202, Education Code, is amended
to read as follows:
Sec. 39.202. ACADEMIC [EXCELLENCE] DISTINCTION DESIGNATION
FOR DISTRICTS AND CAMPUSES. The commissioner by rule shall
establish [a recognized and exemplary rating for awarding districts
and campuses] an academic distinction designation for districts and
campuses for outstanding performance in attainment of
postsecondary readiness [under this subchapter]. The [In
establishing the recognized and exemplary ratings, the]
commissioner shall adopt criteria for the designation under this
section [ratings], including:
(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) or on end-of-course assessment
instruments adopted under Section 39.023(c-2), 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) or
on end-of-course assessment instruments adopted under Section
39.023(c-2), aggregated across grade levels by subject area, for
students who did not perform satisfactorily as described by
Paragraph (A); and
(2) other factors for determining sufficient student
attainment of postsecondary readiness.
(b) This section applies beginning with the 2013-2014
school year.
SECTION 32. (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 [for
the following programs or the following specific categories of
performance:
[(1)] academic achievement in English language arts,
mathematics, science, or social studies[;
[(2) fine arts;
[(3) physical education;
[(4) 21st Century Workforce Development program; and
[(5) second language acquisition program].
(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 33. (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 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.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 34. (a) 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.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 35. (a) 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.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 36. (a) 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].
(b) This section applies beginning with the 2014-2015
school year.
SECTION 37. (a) 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).
(b) This section applies beginning with the 2014-2015
school year.
SECTION 38. (a) 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).
(b) This section applies beginning with the 2014-2015
school year.
SECTION 39. (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 [recommended or advanced] high school program.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 40. (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, 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.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 41. (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
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)].
(b) This section applies beginning with the 2014-2015
school year.
SECTION 42. (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
[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.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 43. (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
[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.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 44. (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 [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.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 45. (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 [recommended or advanced] high school program as
determined under Section 28.025.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 46. (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 [recommended or advanced] high school program as
determined under Section 28.025.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 47. (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[, 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.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 48. (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[, 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.
(b) This section applies beginning with the 2014-2015
school year.
SECTION 49. (a) Effective September 1, 2013, Sections
39.025(a-2) and (a-3), Education Code, are repealed.
(b) Effective September 1, 2014, the following provisions
of the Education Code are repealed:
(1) Section 28.002(q);
(2) Sections 28.025(b-6), (b-8), and (g); and
(3) Section 51.803(b).
SECTION 50. (a) Except as provided by Subsection (b) of
this section, Section 39.025, Education Code, as amended by
Sections 20 and 21 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 2014-2015 school
year and who choose to complete the curriculum requirements under
the minimum high school program 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 20 of this Act, and Section 39.025,
Education Code, as amended by Section 20 of this Act, is continued
in effect for purposes of satisfying those end-of-course testing
requirements.
SECTION 51. Except as otherwise provided by this Act, this
Act takes effect immediately if it receives a vote of two-thirds of
all the members elected to each house, as provided by Section 39,
Article III, Texas Constitution. If this Act does not receive the
vote necessary for immediate effect, this Act takes effect
September 1, 2013.