Bill Text: TX HB104 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to abolishing the Texas Higher Education Coordinating Board and transferring the coordinating board's functions and activities and the State Board of Education's statutorily assigned functions and activities to the Texas Education Agency.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-02-09 - Referred to Higher Education [HB104 Detail]
Download: Texas-2011-HB104-Introduced.html
82R511 CAS-D | ||
By: Brown | H.B. No. 104 |
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relating to abolishing the Texas Higher Education Coordinating | ||
Board and transferring the coordinating board's functions and | ||
activities and the State Board of Education's statutorily assigned | ||
functions and activities to the Texas Education Agency. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 1.005(a), (b), (c), (d), (f), (g), (h), | ||
and (j), Education Code, are amended to read as follows: | ||
(a) In this section, "center" [ |
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authorized by this section. | ||
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(b) The commissioner of education [ |
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research for conducting research described by Subsections (e) and | ||
(f). | ||
(c) A center may be established as part of: | ||
(1) the Texas Education Agency; or | ||
(2) [ |
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or university, or public state college, as those terms are defined | ||
by Section 61.003. | ||
(d) A center may be operated under a memorandum of | ||
understanding between the commissioner of education[ |
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institution described by Subsection (c)(2) [ |
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memorandum of understanding must require the commissioner of | ||
education, or a person designated by the commissioner, [ |
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this section. | ||
(f) The commissioner of education [ |
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(1) under the memorandum of understanding described by | ||
Subsection (d), may require a center to conduct certain research | ||
projects considered of particular importance to the state, as | ||
determined by the commissioner [ |
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(2) not later than the 45th day before the date a | ||
research project required to be conducted under this subsection is | ||
scheduled to begin, shall notify the governor, the Legislative | ||
Budget Board, and the governing body of the educational institution | ||
in which the center is established that the research project is | ||
required; and | ||
(3) shall provide sufficient funds to finance the | ||
project. | ||
(g) In conducting research under this section, a center: | ||
(1) may use data on student performance, including | ||
data that is confidential under the Family Educational Rights and | ||
Privacy Act of 1974 (20 U.S.C. Section 1232g), the center has | ||
collected from the Texas Education Agency, [ |
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any school district; and | ||
(2) shall comply with rules adopted by the | ||
commissioner of education [ |
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the confidentiality of student information, including rules | ||
establishing procedures to ensure that confidential student | ||
information is not duplicated or removed from a center in an | ||
unauthorized manner. | ||
(h) The commissioner of education [ |
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(1) accept gifts and grants to be used in operating one | ||
or more centers; and | ||
(2) by rule impose reasonable fees, as appropriate, | ||
for the use of a center's research, resources, or facilities. | ||
(j) The commissioner of education [ |
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SECTION 2. Sections 7.005 and 7.006, Education Code, are | ||
amended to read as follows: | ||
Sec. 7.005. LONG-RANGE PLANS AND EDUCATIONAL PROGRAMS | ||
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agencies, shall ensure that long-range plans and educational | ||
programs established by the agency [ |
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comprehensive education for the students of this state [ |
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education through postgraduate study. In ensuring [ |
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early childhood, primary, secondary, and higher education programs | ||
are coordinated, the agency [ |
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established under Section 61.076. | ||
Sec. 7.006. STANDARDIZATION [ |
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commissioner [ |
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performance held by the agency [ |
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maintained in standardized[ |
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that a student's academic performance may be assessed throughout | ||
the student's educational career. | ||
SECTION 3. Sections 7.010(b) and (d), Education Code, are | ||
amended to read as follows: | ||
(b) Each school district, open-enrollment charter school, | ||
and institution of higher education shall participate in an | ||
electronic student records system that satisfies standards | ||
approved by the commissioner [ |
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(d) The commissioner [ |
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the electronic student records system and to make the system | ||
available to school districts, open-enrollment charter schools, | ||
and institutions of higher education. | ||
SECTION 4. Sections 7.055(b)(9) and (24), Education Code, | ||
are amended to read as follows: | ||
(9) The commissioner shall have a manual published at | ||
least once every two years that contains Title 1 and this title, any | ||
other provisions of this code relating specifically to public | ||
primary or secondary education, and an appendix of all other state | ||
laws relating to public primary or secondary education and shall | ||
provide for the distribution of the manual [ |
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(24) The commissioner[ |
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services to children with disabilities as required under Section | ||
30.001. | ||
SECTION 5. Sections 7.102(a) and (d), Education Code, are | ||
amended to read as follows: | ||
(a) The board may perform, as provided by this code, only | ||
those duties [ |
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state [ |
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(d) The board may adopt rules [ |
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out the specific duties assigned to the board by the constitution | ||
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SECTION 6. Sections 7.108(a) and (c), Education Code, are | ||
amended to read as follows: | ||
(a) A person interested in selling bonds of any type [ |
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commits an offense if the person makes or authorizes a political | ||
contribution to or takes part in, directly or indirectly, the | ||
campaign of any person seeking election to or serving on the board. | ||
(c) In this section, "political[ |
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assigned by Section 251.001, Election Code. | ||
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SECTION 7. Section 7.109, Education Code, is transferred to | ||
Subchapter B, Chapter 7, Education Code, renumbered as Section | ||
7.032, Education Code, and amended to read as follows: | ||
Sec. 7.032 [ |
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AND TECHNOLOGY EDUCATION. (a) The agency [ |
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Board for Career and Technology Education. | ||
(b) The commissioner is the executive officer through whom | ||
the State Board for Career and Technology Education shall carry out | ||
its policies and enforce its rules. | ||
(c) The State Board for Career and Technology Education may | ||
contract with [ |
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any other state agency to assume the leadership role and | ||
administrative responsibility of the State Board for Career and | ||
Technology Education for state level administration of | ||
technical-vocational education programs in public community | ||
colleges, public technical institutes, and other eligible public | ||
postsecondary institutions in this state. | ||
(d) The State Board for Career and Technology Education may | ||
allocate funds appropriated to the board by the legislature or | ||
federal funds received by the board under the Carl D. Perkins Career | ||
and Technical [ |
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2301 et seq.) or other federal law to an institution or program | ||
approved by the agency [ |
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law. | ||
SECTION 8. Section 7.111, Education Code, is transferred to | ||
Subchapter B, Chapter 7, Education Code, renumbered as Section | ||
7.033, Education Code, and amended to read as follows: | ||
Sec. 7.033 [ |
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(a) The agency [ |
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school equivalency examinations, including administration by the | ||
adjutant general's department for students described by | ||
Subdivision (2)(C). A person who does not have a high school | ||
diploma may take the examination in accordance with rules adopted | ||
by the commissioner [ |
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(1) over 17 years of age; | ||
(2) 16 years of age or older and: | ||
(A) is enrolled in a Job Corps training program | ||
under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801 | ||
et seq.)[ |
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(B) a public agency providing supervision of the | ||
person or having custody of the person under a court order | ||
recommends that the person take the examination; or | ||
(C) is enrolled in the adjutant general's | ||
department's Texas [ |
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(3) required to take the examination under a justice | ||
or municipal court order issued under Article 45.054(a)(1)(C), Code | ||
of Criminal Procedure. | ||
(b) The commissioner [ |
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require payment of a fee as a condition to the issuance of a high | ||
school equivalency certificate and a copy of the scores of the | ||
examinations. The fee must be reasonable and designed to cover the | ||
administrative costs of issuing the certificate and a copy of the | ||
scores. The agency [ |
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the date a person withdraws from school and the date the person | ||
takes the examination unless the period relates to the time between | ||
administrations of the examination. | ||
SECTION 9. Section 7.112, Education Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) This section expires January 31, 2014. | ||
SECTION 10. Section 7.113, Education Code, is transferred | ||
to Subchapter B, Chapter 7, Education Code, renumbered as Section | ||
7.034, Education Code, and amended to read as follows: | ||
Sec. 7.034 [ |
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AWARD. (a) The agency [ |
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Education Excellence Award to honor employers that implement a | ||
policy to encourage and support employees who actively participate | ||
in activities of schools. | ||
(b) An employer that meets the criteria described by this | ||
section may apply for consideration to receive the award. | ||
(c) The agency [ |
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of recognition for employers: | ||
(1) bronze for an employer that implements a policy to | ||
encourage and support employees who attend parent-teacher | ||
conferences; | ||
(2) silver for an employer that: | ||
(A) meets the requirements of bronze; and | ||
(B) implements a policy to encourage and support | ||
employees who volunteer in school activities; and | ||
(3) gold for an employer that: | ||
(A) meets the requirements of silver; and | ||
(B) implements a policy to encourage and support | ||
employees who participate in student mentoring programs in schools. | ||
(d) The commissioner [ |
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certify businesses to receive the Employers for Education | ||
Excellence Award at the appropriate level of recognition. The | ||
commissioner shall review the applications submitted by employers | ||
under Subsection (b) and select [ |
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which a business should be recognized. [ |
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(e) The agency [ |
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Employers for Education Excellence Award by presenting the | ||
recipient with a suitable certificate that includes the business's | ||
level of recognition and other appropriate information. | ||
SECTION 11. Section 11.351, Education Code, is amended to | ||
read as follows: | ||
Sec. 11.351. AUTHORITY TO ESTABLISH SPECIAL-PURPOSE SCHOOL | ||
DISTRICT. (a) On the recommendation of the commissioner and after | ||
consulting with the school districts involved and obtaining the | ||
approval of a majority of those districts in each affected county in | ||
which a proposed school district is located, the agency [ |
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for the education of students in special situations whose | ||
educational needs are not adequately met by regular school | ||
districts. The agency [ |
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the school district as necessary for the special purpose of the | ||
district. The agency [ |
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by this section relating to the districts established under this | ||
section. | ||
(b) The agency [ |
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districts the right to share in the available school fund | ||
apportionment and other privileges as are granted to independent | ||
and common school districts. | ||
SECTION 12. Section 12.012(a), Education Code, is amended | ||
to read as follows: | ||
(a) A home-rule school district is subject to federal and | ||
state laws and rules governing school districts, except that a | ||
home-rule school district is subject to: | ||
(1) this code only to the extent that the | ||
applicability to a home-rule school district of a provision of this | ||
code is specifically provided; | ||
(2) a rule adopted under this code by the [ |
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authorizing the rule specifically applies to a home-rule school | ||
district; and | ||
(3) all requirements of federal law and applicable | ||
court orders relating to eligibility for and the provision of | ||
special education and bilingual programs. | ||
SECTION 13. Section 12.112, Education Code, is amended to | ||
read as follows: | ||
Sec. 12.112. FORM. A charter for an open-enrollment | ||
charter school shall be in the form of a written contract signed by | ||
the commissioner [ |
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chief operating officer of the school. | ||
SECTION 14. Section 21.033(a), Education Code, is amended | ||
to read as follows: | ||
(a) The State Board for Educator Certification is composed | ||
of 14 members. The commissioner [ |
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employees [ |
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primary and secondary education and one of whom has expertise in | ||
higher education, to represent the commissioner as [ |
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members [ |
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governor shall appoint a dean of a college of education in this | ||
state as a nonvoting member. The remaining 11 members are appointed | ||
by the governor with the advice and consent of the senate, as | ||
follows: | ||
(1) four members must be teachers employed in public | ||
schools; | ||
(2) two members must be public school administrators; | ||
(3) one member must be a public school counselor; and | ||
(4) four members must be citizens, three of whom are | ||
not and have not, in the five years preceding appointment, been | ||
employed by a [ |
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preparation program in an institution of higher education and one | ||
of whom is not and has not been employed by a [ |
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district or by an educator preparation program in an institution of | ||
higher education. | ||
SECTION 15. Section 21.034(a), Education Code, is amended | ||
to read as follows: | ||
(a) The board members appointed by the governor hold office | ||
for staggered terms of six years with the terms of one-third of the | ||
members expiring on February 1 of each odd-numbered year. A member | ||
appointed by the commissioner [ |
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commissioner. | ||
SECTION 16. Section 21.042, Education Code, is amended to | ||
read as follows: | ||
Sec. 21.042. APPROVAL OF RULES. The State Board for | ||
Educator Certification must submit a written copy of each rule it | ||
proposes to adopt to the commissioner [ |
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proposed rule [ |
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date on which the commissioner [ |
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proposal takes effect as a rule of the State Board for Educator | ||
Certification as provided by Chapter 2001, Government Code. The | ||
commissioner [ |
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proposed by the State Board for Educator Certification. | ||
SECTION 17. Section 28.002(d), Education Code, as added by | ||
Chapter 895 (H.B. 3), Acts of the 81st Legislature, Regular | ||
Session, 2009, is amended to read as follows: | ||
(d) Each time the agency [ |
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[ |
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education courses, [ |
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career and technology education curriculum shall be revised by rule | ||
as provided by Subsection (c). | ||
SECTION 18. Sections 28.008(a), (b), (c), and (d), | ||
Education Code, are amended to read as follows: | ||
(a) To ensure that students are able to perform | ||
college-level course work at institutions of higher education, the | ||
commissioner [ |
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educators and institution of higher education faculty. | ||
(b) The vertical teams shall: | ||
(1) recommend for approval by the commissioner [ |
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college readiness standards and expectations that address what | ||
students must know and be able to do to succeed in entry-level | ||
courses offered at institutions of higher education; | ||
(2) evaluate whether the high school curriculum | ||
requirements under Section 28.002 and other instructional | ||
requirements serve to prepare students to successfully perform | ||
college-level course work; | ||
(3) recommend how the public school curriculum | ||
requirements can be aligned with college readiness standards and | ||
expectations; | ||
(4) develop instructional strategies for teaching | ||
courses to prepare students to successfully perform college-level | ||
course work; and | ||
(5) develop or establish minimum standards for | ||
curricula, professional development materials, and online support | ||
materials in English language arts, mathematics, science, and | ||
social studies, designed for students who need additional | ||
assistance in preparing to successfully perform college-level | ||
course work. | ||
(c) The commissioner [ |
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composition and duties of the vertical teams established under this | ||
section. | ||
(d) The commissioner [ |
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incorporate college readiness standards and expectations approved | ||
by the commissioner [ |
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knowledge and skills identified [ |
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28.002(c). | ||
SECTION 19. Sections 28.014(a), (c), (d), (e), and (f), | ||
Education Code, are amended to read as follows: | ||
(a) The commissioner [ |
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knowledge and skills of courses in college preparatory mathematics, | ||
science, social studies, and English language arts. The courses | ||
must be designed: | ||
(1) for students at the 12th grade level who do not | ||
meet college readiness standards on an end-of-course assessment | ||
instrument required under Section 39.023(c); and | ||
(2) to prepare students for success in entry-level | ||
college courses. | ||
(c) The agency[ |
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assessment instrument for each course developed under this section | ||
to ensure the rigor of the course. A school district shall, in | ||
accordance with commissioner [ |
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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. | ||
(d) The agency[ |
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be included in an end-of-course assessment instrument administered | ||
under Subsection (c) to be used for purposes of Section 51.3062. | ||
The questions must be developed in a manner consistent with any | ||
college readiness standards adopted under Sections 39.233 and | ||
51.3062. | ||
(e) The commissioner [ |
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instructional materials for a course developed under this section | ||
in accordance with Chapter 31. The instructional materials must | ||
include technology resources that enhance the effectiveness of the | ||
course and draw on established best practices. | ||
(f) To the extent applicable, the commissioner shall draw | ||
from curricula and instructional materials developed under Section | ||
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instructional materials under this section. The agency [ |
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developed under this section and the related instructional | ||
materials available to school districts not later than the | ||
2014-2015 school year. As required by Subsection (c), a school | ||
district shall adopt a policy requiring a student's performance on | ||
an end-of-course assessment instrument administered under that | ||
subsection to account for 15 percent of the student's grade for a | ||
course developed under this section not later than the 2014-2015 | ||
school year. This subsection expires September 1, 2015. | ||
SECTION 20. Sections 28.025(a), (b), (b-1), (b-2), (b-3), | ||
(b-7), (c), (d), and (e), Education Code, are amended to read as | ||
follows: | ||
(a) The commissioner [ |
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shall determine curriculum requirements for the minimum, | ||
recommended, and advanced high school programs that are consistent | ||
with the required curriculum under Section 28.002. Subject to | ||
Subsection (b-1), the commissioner [ |
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designate the specific courses in the foundation curriculum | ||
required for a student participating in the minimum, recommended, | ||
or advanced high school program. Except as provided by Subsection | ||
(b-1), the commissioner [ |
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designate a specific course or a specific number of credits in the | ||
enrichment curriculum as requirements for the recommended program. | ||
(b) A school district shall ensure that each student enrolls | ||
in the courses necessary to complete the curriculum requirements | ||
identified by the commissioner [ |
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Subsection (a) for the recommended or advanced high school program | ||
unless the student, the student's parent or other person standing | ||
in parental relation to the student, and a school counselor or | ||
school administrator agree in writing signed by each party that the | ||
student should be permitted to take courses under the minimum high | ||
school program and the student: | ||
(1) is at least 16 years of age; | ||
(2) has completed two credits required for graduation | ||
in each subject of the foundation curriculum under Section | ||
28.002(a)(1); or | ||
(3) has failed to be promoted to the tenth grade one or | ||
more times as determined by the school district. | ||
(b-1) The commissioner [ |
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shall require that: | ||
(1) except as provided by Subsection (b-2), the | ||
curriculum requirements for the recommended and advanced high | ||
school programs under Subsection (a) include a requirement that | ||
students successfully complete: | ||
(A) four credits in each subject of the | ||
foundation curriculum under Section 28.002(a)(1), including at | ||
least one-half credit in government and at least one-half credit in | ||
economics to meet the social studies requirement; | ||
(B) for the recommended high school program, two | ||
credits in the same language in a language other than English under | ||
Section 28.002(a)(2)(A) and, for the advanced high school program, | ||
three credits in the same language in a language other than English | ||
under Section 28.002(a)(2)(A); and | ||
(C) for the recommended high school program, six | ||
elective credits and, for the advanced high school program, five | ||
elective credits; | ||
(2) one or more credits offered in the required | ||
curriculum for the recommended and advanced high school programs | ||
include a research writing component; and | ||
(3) the curriculum requirements for the minimum, | ||
recommended, and advanced high school programs under Subsection (a) | ||
include a requirement that students successfully complete: | ||
(A) one credit in fine arts under Section | ||
28.002(a)(2)(D); and | ||
(B) one credit in physical education under | ||
Section 28.002(a)(2)(C). | ||
(b-2) In adopting rules under Subsection (b-1), the | ||
commissioner [ |
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comply with the curriculum requirements for a mathematics course | ||
under Subsection (b-1)(1)(A) [ |
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completion of an Algebra II course or science course under | ||
Subsection (b-1)(1)(A) [ |
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completion of a physics course by successfully completing an | ||
advanced career and technical course designated by the commissioner | ||
[ |
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rigorous academic content. A student may use the option provided by | ||
this subsection for not more than two courses. | ||
(b-3) In adopting rules to provide students with the option | ||
described by Subsection (b-1)(1)(A), the commissioner [ |
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courses that may be taken after the completion of Algebra II and | ||
physics to comply with the recommended program requirements. | ||
(b-7) The commissioner [ |
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shall adopt rules to ensure that a student may comply with the | ||
curriculum requirements under the 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. | ||
(c) A person may receive a diploma if the person is eligible | ||
for a diploma under Section 28.0251. In other cases, a student may | ||
graduate and receive a diploma only if: | ||
(1) the student successfully completes the curriculum | ||
requirements identified by the commissioner [ |
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or | ||
(2) the student successfully completes an | ||
individualized education program developed under Section 29.005. | ||
(d) A school district may issue a certificate of coursework | ||
completion to a student who successfully completes the curriculum | ||
requirements identified by the commissioner [ |
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Section 39.025. A school district may allow a student who receives | ||
a certificate to participate in a graduation ceremony with students | ||
receiving high school diplomas. | ||
(e) Each school district shall report the academic | ||
achievement record of students who have completed a minimum, | ||
recommended, or advanced high school program on transcript forms | ||
adopted by the commissioner [ |
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transcript forms adopted by the commissioner [ |
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designed to clearly differentiate between each of the high school | ||
programs and identify whether a student received a diploma or a | ||
certificate of coursework completion. | ||
SECTION 21. Section 29.182(b), Education Code, is amended | ||
to read as follows: | ||
(b) The state plan must include procedures designed to | ||
ensure that: | ||
(1) all secondary and postsecondary students have the | ||
opportunity to participate in career and technology education | ||
programs; | ||
(2) the state complies with requirements for | ||
supplemental federal career and technology education funding; and | ||
(3) career and technology education is established as | ||
a part of the total education system of this state and constitutes | ||
an option for student learning that provides a rigorous course of | ||
study consistent with the required curriculum under Section 28.002 | ||
and under which a student may receive specific education in a career | ||
and technology program that: | ||
(A) incorporates competencies leading to | ||
academic and technical skill attainment; | ||
(B) leads to: | ||
(i) an industry-recognized license, | ||
credential, or certificate; or | ||
(ii) at the postsecondary level, an | ||
associate or baccalaureate degree; | ||
(C) includes opportunities for students to earn | ||
college credit for coursework; and | ||
(D) includes, as an integral part of the program, | ||
participation by students and teachers in activities of career and | ||
technical student organizations supported by the agency [ |
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SECTION 22. Section 29.190(e), Education Code, is amended | ||
to read as follows: | ||
(e) The commissioner, in collaboration with [ |
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Commission, shall determine as necessary the occupations that | ||
qualify for purposes of this section. | ||
SECTION 23. Sections 29.904(b) and (e), Education Code, are | ||
amended to read as follows: | ||
(b) The agency [ |
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district to which this section applies. Not later than May 1 of | ||
each year, [ |
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[ |
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(1) a district to which this section applies of the | ||
applicability of this section to the district unless the district | ||
is operating under a plan required by this section; and | ||
(2) [ |
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institution of higher education in this state in closest geographic | ||
proximity to a district to which this section applies of the | ||
applicability of this section to the district unless the district | ||
is operating under a plan required by this section. | ||
(e) A school district shall file the plan with the | ||
commissioner [ |
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SECTION 24. Section 31.003, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.003. RULES. The commissioner [ |
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adoption, requisition, distribution, care, use, and disposal of | ||
textbooks. | ||
SECTION 25. Section 31.004, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.004. CERTIFICATION OF PROVISION OF TEXTBOOKS, | ||
ELECTRONIC TEXTBOOKS, AND INSTRUCTIONAL MATERIALS. Each school | ||
district and open-enrollment charter school shall annually certify | ||
to [ |
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each subject in the required curriculum and each grade level, the | ||
district provides each student with textbooks, electronic | ||
textbooks, or instructional materials that cover all elements of | ||
the essential knowledge and skills adopted [ |
||
|
||
SECTION 26. Sections 31.021(b) and (f), Education Code, are | ||
amended to read as follows: | ||
(b) The State Board of Education shall annually set aside | ||
out of the available school fund of the state an amount sufficient | ||
for the agency [ |
||
charter schools to purchase and distribute the necessary textbooks | ||
for the use of the students of this state for the following school | ||
year. The board shall determine the amount of the available school | ||
fund to set aside for the state textbook fund based on: | ||
(1) a report by the commissioner issued on July 1 or, | ||
if that date is a Saturday or Sunday, on the following Monday, | ||
stating the amount of unobligated money in the fund; | ||
(2) the commissioner's estimate, based on textbooks | ||
selected under Section 31.101 and on attendance reports submitted | ||
under Section 31.103 by school districts and open-enrollment | ||
charter schools, of the amount of funds, in addition to funds | ||
reported under Subdivision (1), that will be necessary for purchase | ||
and distribution of textbooks for the following school year; and | ||
(3) any amount the board determines should be set | ||
aside for emergency purposes caused by unexpected increases in | ||
attendance. | ||
(f) The state textbook fund may be used to purchase | ||
technological equipment necessary to support the use of electronic | ||
textbooks or instructional material included on the list adopted | ||
under Section 31.0231 or any textbook or material approved by the | ||
agency [ |
||
SECTION 27. Section 31.022, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.022. TEXTBOOK REVIEW AND ADOPTION. (a) The agency | ||
[ |
||
for textbooks for elementary grade levels, including | ||
prekindergarten, and secondary grade levels, for each subject in | ||
the required curriculum under Section 28.002. | ||
(b) The agency [ |
||
in the foundation curriculum so that not more than one-sixth of the | ||
textbooks for subjects in the foundation curriculum are reviewed | ||
each year. The commissioner [ |
||
for a full and complete investigation of textbooks for each subject | ||
in the foundation curriculum at least every six years. The adoption | ||
of textbooks for a subject in the foundation curriculum may be | ||
extended beyond the six-year period only if the content of | ||
textbooks for a subject is sufficiently current. | ||
(c) The commissioner [ |
||
for a full and complete investigation of textbooks for each subject | ||
in the enrichment curriculum on a cycle the agency [ |
||
considers appropriate. | ||
(d) At least 24 months before the beginning of the school | ||
year for which textbooks for a particular subject and grade level | ||
will be purchased under the review and adoption cycle adopted by the | ||
agency [ |
||
review and adoption cycle for those textbooks. | ||
(e) The agency [ |
||
production of textbooks in a subject area and grade level by the | ||
school year in which the textbooks are intended to be made available | ||
in classrooms and not by the school year in which the agency [ |
||
makes the request for production. | ||
(f) The agency [ |
||
production issued for the purchase of textbooks to conform to the | ||
textbook funding levels provided by the General Appropriations Act | ||
for the year of implementation. | ||
SECTION 28. Section 31.0221(a), Education Code, is amended | ||
to read as follows: | ||
(a) The commissioner [ |
||
rules for the midcycle review and adoption of a textbook for a | ||
subject for which textbooks are not currently under review by the | ||
agency [ |
||
(1) the publisher of the textbook to pay a fee to the | ||
agency [ |
||
of the textbook; | ||
(2) the publisher of the textbook to enter into a | ||
contract with the agency [ |
||
that ends at the same time as any contract entered into by the | ||
agency [ |
||
level; and | ||
(3) a commitment from the publisher to provide the | ||
textbook to school districts in the manner specified by the | ||
publisher, which may include: | ||
(A) providing the textbook to any district in a | ||
regional education service center area identified by the publisher; | ||
or | ||
(B) providing a certain maximum number of | ||
textbooks specified by the publisher. | ||
SECTION 29. Section 31.0222, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.0222. BUDGET-BALANCED CYCLE. In determining the | ||
review and adoption cycle of textbooks under Section 31.022, the | ||
agency [ |
||
(1) consult with the Legislative Budget Board and the | ||
governor's office of budget, planning, and policy before approving | ||
and publishing any notice or amendment of a cycle; | ||
(2) review and consider: | ||
(A) historic average funding levels for | ||
textbooks purchased in previous bienniums; | ||
(B) expected average costs of future textbook | ||
purchases; | ||
(C) anticipated student enrollment in future | ||
years; | ||
(D) scheduled revisions to curriculum; and | ||
(E) the impact on the state budget of the | ||
adoption of textbooks in all or some grade levels in a subject area; | ||
and | ||
(3) limit the cycle to subject areas for which | ||
textbooks can be purchased with the funding anticipated to be | ||
available in the state textbook fund for the school year in which | ||
the textbooks are to be adopted. | ||
SECTION 30. Section 31.023(a), Education Code, is amended | ||
to read as follows: | ||
(a) For each subject and grade level, the agency [ |
||
|
||
conforming list includes each textbook submitted for the subject | ||
and grade level that meets applicable physical specifications | ||
adopted by the agency [ |
||
material covering each element of the essential knowledge and | ||
skills of the subject and grade level in the student version of the | ||
textbook, as well as in the teacher version of the textbook, as | ||
determined by the agency [ |
||
28.002 and adopted under Section 31.024. The nonconforming list | ||
includes each textbook submitted for the subject and grade level | ||
that: | ||
(1) meets applicable physical specifications adopted | ||
by the agency [ |
||
(2) contains material covering at least half, but not | ||
all, of the elements of the essential knowledge and skills of the | ||
subject and grade level in the student version of the textbook, as | ||
well as in the teacher version of the textbook; and | ||
(3) is adopted under Section 31.024. | ||
SECTION 31. Section 31.0231(c), Education Code, is amended | ||
to read as follows: | ||
(c) [ |
||
|
||
|
||
|
||
electronic textbook or instructional material placed on the list | ||
adopted under Subsection (a): | ||
(1) must be reviewed and recommended to the | ||
commissioner by a panel of recognized experts in the subject area of | ||
the electronic textbook or instructional material and experts in | ||
education technology; | ||
(2) must satisfy criteria adopted for the purpose by | ||
commissioner rule; and | ||
(3) must meet the National Instructional Materials | ||
Accessibility Standard, to the extent practicable as determined by | ||
the commissioner. | ||
SECTION 32. Section 31.024, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.024. ADOPTION BY AGENCY [ |
||
(a) The agency [ |
||
shall: | ||
(1) place each submitted textbook on a conforming or | ||
nonconforming list; or | ||
(2) reject a textbook submitted for placement on a | ||
conforming or nonconforming list. | ||
(b) Not later than December 1 of the year preceding the | ||
school year for which the textbooks for a particular subject and | ||
grade level will be purchased under the cycle adopted by the agency | ||
[ |
||
lists of adopted textbooks to each school district. Each | ||
nonconforming list must include the reasons an adopted textbook is | ||
not eligible for the conforming list. | ||
SECTION 33. Sections 31.0241(a) and (b), Education Code, | ||
are amended to read as follows: | ||
(a) In this section, "eligible institution" means: | ||
(1) a public institution of higher education that is | ||
designated as a research university or emerging research university | ||
under the agency's [ |
||
accountability system, or a private university located in this | ||
state that is a member of the Association of American Universities; | ||
or | ||
(2) a public technical institute, as defined by | ||
Section 61.003. | ||
(b) The agency [ |
||
open-source textbook for a secondary-level course submitted for | ||
adoption by an eligible institution on a conforming or | ||
nonconforming list if: | ||
(1) the textbook is written, compiled, or edited | ||
primarily by faculty of the eligible institution who specialize in | ||
the subject area of the textbook; | ||
(2) the eligible institution identifies each | ||
contributing author; | ||
(3) the appropriate department of the eligible | ||
institution certifies the textbook for accuracy; and | ||
(4) the eligible institution determines that the | ||
textbook qualifies for placement on the conforming or nonconforming | ||
list based on the extent to which the textbook covers the essential | ||
knowledge and skills identified under Section 28.002 for the | ||
subject for which the textbook is written and certifies that: | ||
(A) for a textbook for a senior-level course, a | ||
student who successfully completes a course based on the textbook | ||
will be prepared, without remediation, for entry into the eligible | ||
institution's freshman-level course in that subject; or | ||
(B) for a textbook for a junior-level and | ||
senior-level course, a student who successfully completes the | ||
junior-level course based on the textbook will be prepared for | ||
entry into the senior-level course. | ||
SECTION 34. Section 31.025(a), Education Code, is amended | ||
to read as follows: | ||
(a) The agency [ |
||
on the cost that may be paid from the state textbook fund for a | ||
textbook placed on the conforming or nonconforming list for a | ||
particular subject and grade level. The agency [ |
||
reject a textbook for placement on the conforming or nonconforming | ||
list because the textbook's price exceeds the limit established | ||
under this subsection. | ||
SECTION 35. Sections 31.026(a) and (b), Education Code, are | ||
amended to read as follows: | ||
(a) The agency [ |
||
contract: | ||
(1) for the purchase of each adopted textbook other | ||
than an electronic textbook; and | ||
(2) for the purchase or licensing of each adopted | ||
electronic textbook. | ||
(b) A contract must require the publisher to provide the | ||
number of textbooks required by school districts in this state for | ||
the term of the contract, which must coincide with the agency's | ||
[ |
||
SECTION 36. Section 31.0261, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.0261. CONTRACTS FOR PRINTING OF OPEN-SOURCE | ||
TEXTBOOKS. The agency [ |
||
contract for the printing of an open-source textbook listed on the | ||
conforming or nonconforming list. The contract must allow a school | ||
district to requisition printed copies of an open-source textbook | ||
as provided by Section 31.103. | ||
SECTION 37. Sections 31.028(a), (b), and (c), Education | ||
Code, are amended to read as follows: | ||
(a) The agency [ |
||
special textbooks for the education of blind and visually impaired | ||
students in public schools. In addition, for a teacher who is blind | ||
or visually impaired, the agency [ |
||
edition in Braille or large type, as requested by the teacher, for | ||
each textbook the teacher uses in the instruction of students. The | ||
teacher edition must be available at the same time the student | ||
textbooks become available. | ||
(b) The publisher of an adopted textbook shall provide the | ||
agency with computerized textbook files for the production of | ||
Braille textbooks or other versions of textbooks to be used by | ||
students with disabilities, on request of the agency [ |
||
|
||
files in one of several optional formats specified by the agency | ||
[ |
||
(c) The agency [ |
||
providing for the acceptance, requisition, and distribution of | ||
special textbooks and instructional aids pursuant to 20 U.S.C. | ||
Section 101 et seq. for use by students enrolled in: | ||
(1) public schools; or | ||
(2) private nonprofit schools, if state funds, other | ||
than for administrative costs, are not involved. | ||
SECTION 38. Section 31.029, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.029. BILINGUAL TEXTBOOKS. The agency [ |
||
purchase or otherwise acquire textbooks for use in bilingual | ||
education classes. | ||
SECTION 39. Section 31.030, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.030. USED TEXTBOOKS. The commissioner [ |
||
|
||
to school districts and open-enrollment charter schools are not | ||
sample copies that contain factual errors. The rules may provide | ||
for the imposition of an administrative penalty in accordance with | ||
Section 31.151 against a seller of used textbooks who knowingly | ||
violates this section. | ||
SECTION 40. Sections 31.035(a), (b), and (f), Education | ||
Code, are amended to read as follows: | ||
(a) Notwithstanding any other provision of this subchapter, | ||
the agency [ |
||
textbooks that are not on the conforming or nonconforming list | ||
under Section 31.023. The agency [ |
||
adopt a supplemental textbook under this section only if the | ||
textbook: | ||
(1) contains material covering one or more primary | ||
focal points or primary topics of a subject in the required | ||
curriculum under Section 28.002, as determined by the agency [ |
||
|
||
(2) is not designed to serve as the sole textbook for a | ||
full course; | ||
(3) meets applicable physical specifications adopted | ||
by the agency [ |
||
(4) is free from factual errors. | ||
(b) The agency [ |
||
essential knowledge and skills identified under Section 28.002 that | ||
are covered by a supplemental textbook adopted by the agency | ||
[ |
||
(f) A school district or open-enrollment charter school | ||
that requisitions supplemental textbooks under Subsection (d)(2) | ||
shall certify to the agency that the supplemental textbooks, in | ||
combination with any other textbooks or supplemental textbooks used | ||
by the district or school, cover the essential knowledge and skills | ||
identified under Section 28.002 by the agency [ |
||
|
||
school is requisitioning the supplemental textbooks. | ||
SECTION 41. Section 31.072(b), Education Code, is amended | ||
to read as follows: | ||
(b) Following a curriculum revision by the agency [ |
||
|
||
a state-developed open-source textbook relating to that | ||
curriculum. The commissioner may, at any time, require an | ||
additional revision of a state-developed open-source textbook or | ||
contract for ongoing revisions of a textbook for a period not to | ||
exceed the period under Section 31.022 for which a textbook for that | ||
subject and grade level may be adopted. The commissioner shall use | ||
a competitive process to request proposals to revise a | ||
state-developed open-source textbook under this subsection. | ||
SECTION 42. Section 31.073(b), Education Code, is amended | ||
to read as follows: | ||
(b) If a school district or open-enrollment charter school | ||
selects a state-developed open-source textbook instead of another | ||
textbook adopted under Subchapter B, the difference between the | ||
cost determined by the commissioner under Subsection (a) and the | ||
maximum price for a textbook in the same subject area, as determined | ||
[ |
||
allocated as follows: | ||
(1) 50 percent of the amount shall be credited to the | ||
state textbook fund under Section 31.021 to be used for purposes of | ||
this subchapter; and | ||
(2) 50 percent of the amount shall be credited to the | ||
school district or open-enrollment charter school for use as | ||
provided by Section 31.1011(c). | ||
SECTION 43. Sections 31.101(a), (c-1), and (d), Education | ||
Code, are amended to read as follows: | ||
(a) Each year, during a period established by the agency | ||
[ |
||
district and the governing body of each open-enrollment charter | ||
school shall: | ||
(1) for a subject in the foundation curriculum, notify | ||
the agency [ |
||
the board of trustees or governing body for the following school | ||
year from among the textbooks on the appropriate conforming or | ||
nonconforming list, including the list adopted under Section | ||
31.0231; or | ||
(2) for a subject in the enrichment curriculum: | ||
(A) notify the agency [ |
||
of each textbook selected by the board of trustees or governing body | ||
for the following school year from among the textbooks on the | ||
appropriate conforming or nonconforming list, including the list | ||
adopted under Section 31.0231; or | ||
(B) notify the agency [ |
||
that the board of trustees or governing body has selected a textbook | ||
that is not on the conforming or nonconforming list. | ||
(c-1) Notwithstanding any other provision of this chapter, | ||
a school district or open-enrollment charter school must purchase a | ||
classroom set of textbooks adopted by the agency [ |
||
|
||
grade level in the foundation and enrichment curriculum. | ||
(d) For a textbook that is not on the conforming or | ||
nonconforming list, a school district or open-enrollment charter | ||
school must use the textbook for the period of the review and | ||
adoption cycle the agency [ |
||
established for the subject and grade level for which the textbook | ||
is used. | ||
SECTION 44. Section 31.103(b), Education Code, is amended | ||
to read as follows: | ||
(b) A requisition for textbooks for the following school | ||
year shall be based on the maximum attendance reports under | ||
Subsection (a), plus an additional 10 percent, except as otherwise | ||
provided. A school district or open-enrollment charter school | ||
shall make a requisition for a textbook on the conforming or | ||
nonconforming list through the commissioner to the state depository | ||
designated by the publisher or as provided by commissioner [ |
||
|
||
each year. The designated state depository or, if the publisher or | ||
manufacturer does not have a designated textbook depository in this | ||
state under Section 31.151(a)(6)(B), the publisher or manufacturer | ||
shall fill a requisition approved by the agency at any other time in | ||
the case of an emergency. As made necessary by available funds, the | ||
commissioner shall reduce the additional percentage of attendance | ||
for which a district or school may requisition textbooks. The | ||
commissioner may, on application of a district or school that is | ||
experiencing high enrollment growth, increase the additional | ||
percentage of attendance for which the district or school may | ||
requisition textbooks. | ||
SECTION 45. Section 31.1031, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.1031. SHORTAGE OF REQUISITIONED TEXTBOOKS. If a | ||
school district or open-enrollment charter school does not have a | ||
sufficient number of copies of a textbook used by the district or | ||
school for use during the following school year, and a sufficient | ||
number of additional copies will not be available from the | ||
depository or the publisher within the time specified by Section | ||
31.151(a)(8), the district or school is entitled to: | ||
(1) be reimbursed from the state textbook fund, at a | ||
rate and in the manner provided by commissioner [ |
||
|
||
adopted textbooks; or | ||
(2) return currently used textbooks to the | ||
commissioner in exchange for sufficient copies, if available, of | ||
other textbooks on the conforming or nonconforming list to be used | ||
during the following school year. | ||
SECTION 46. Sections 31.151(a), (b), and (c), Education | ||
Code, are amended to read as follows: | ||
(a) A publisher or manufacturer of textbooks: | ||
(1) shall furnish any textbook the publisher or | ||
manufacturer offers in this state, at a price that does not exceed | ||
the lowest price at which the publisher offers that textbook for | ||
adoption or sale to any state, public school, or school district in | ||
the United States; | ||
(2) shall automatically reduce the price of a textbook | ||
sold for use in a school district or open-enrollment charter school | ||
to the extent that the price is reduced elsewhere in the United | ||
States; | ||
(3) shall provide any textbook or ancillary item free | ||
of charge in this state to the same extent that the publisher or | ||
manufacturer provides the textbook or ancillary item free of charge | ||
to any state, public school, or school district in the United | ||
States; | ||
(4) shall guarantee that each copy of a textbook sold | ||
in this state is at least equal in quality to copies of that | ||
textbook sold elsewhere in the United States and is free from | ||
factual error; | ||
(5) may not become associated or connected with, | ||
directly or indirectly, any combination in restraint of trade in | ||
textbooks or enter into any understanding or combination to control | ||
prices or restrict competition in the sale of textbooks for use in | ||
this state; | ||
(6) shall: | ||
(A) maintain a depository in this state or | ||
arrange with a depository in this state to receive and fill orders | ||
for textbooks, other than open-source textbooks, on-line | ||
textbooks, or on-line textbook components, consistent with | ||
commissioner [ |
||
(B) deliver textbooks to a school district or | ||
open-enrollment charter school without a delivery charge to the | ||
school district, open-enrollment charter school, or state, if: | ||
(i) the publisher or manufacturer does not | ||
maintain or arrange with a depository in this state under Paragraph | ||
(A) and the publisher's or manufacturer's textbooks and related | ||
products are warehoused or otherwise stored less than 300 miles | ||
from a border of this state; or | ||
(ii) the textbooks are open-source | ||
textbooks, on-line textbooks, or on-line textbook components; | ||
(7) shall, at the time an order for textbooks is | ||
acknowledged, provide to school districts or open-enrollment | ||
charter schools an accurate shipping date for textbooks that are | ||
back-ordered; | ||
(8) shall guarantee delivery of textbooks at least 10 | ||
business days before the opening day of school of the year for which | ||
the textbooks are ordered if the textbooks are ordered by a date | ||
specified in the sales contract; and | ||
(9) shall submit to the agency [ |
||
|
||
manufacturer offers in this state to be free of factual errors at | ||
the time the publisher executes the contract required by Section | ||
31.026. | ||
(b) The commissioner [ |
||
reasonable administrative penalty against a publisher or | ||
manufacturer who knowingly violates Subsection (a). The | ||
commissioner [ |
||
determine whether a penalty is to be imposed and, if so, the amount | ||
of the penalty. The commissioner [ |
||
the penalty on: | ||
(1) the seriousness of the violation; | ||
(2) any history of a previous violation; | ||
(3) the amount necessary to deter a future violation; | ||
(4) any effort to correct the violation; and | ||
(5) any other matter justice requires. | ||
(c) A hearing under Subsection (b) shall be held according | ||
to rules adopted by the commissioner [ |
||
SECTION 47. Section 31.201, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.201. DISPOSITION OF TEXTBOOKS. (a) The | ||
commissioner[ |
||
may provide for the disposition of: | ||
(1) textbooks, other than electronic textbooks, that | ||
are no longer in acceptable condition to be used for instructional | ||
purposes; or | ||
(2) discontinued textbooks, other than electronic | ||
textbooks. | ||
(b) The commissioner, as provided by rules adopted by the | ||
commissioner [ |
||
request copies of discontinued textbooks, other than electronic | ||
textbooks, for use in libraries maintained in municipal and county | ||
jails, facilities operated by the Texas Department of Criminal | ||
Justice for the imprisonment of individuals convicted of felonies | ||
other than state jail felonies, and other state agencies. | ||
(c) The commissioner [ |
||
rules under which a school district or open-enrollment charter | ||
school may donate discontinued textbooks, other than electronic | ||
textbooks, to a student, to an adult education program, or to a | ||
nonprofit organization. | ||
SECTION 48. Section 32.001, Education Code, is amended to | ||
read as follows: | ||
Sec. 32.001. DEVELOPMENT OF LONG-RANGE PLAN. (a) The | ||
agency [ |
||
for: | ||
(1) acquiring and using technology in the public | ||
school system; | ||
(2) fostering professional development related to the | ||
use of technology for educators and others associated with child | ||
development; | ||
(3) fostering computer literacy among public school | ||
students so that [ |
||
this state has computer-related skills that meet standards adopted | ||
by the commissioner [ |
||
(4) identifying and, through regional education | ||
service centers, distributing information on emerging technology | ||
for use in the public schools. | ||
(b) The agency [ |
||
necessary the plan developed under Subsection (a). | ||
(c) The agency [ |
||
with [ |
||
public agencies and institutions the agency [ |
||
|
||
funding necessary to implement the plan developed under Subsection | ||
(a). | ||
(d) In developing the plan, the agency shall [ |
||
|
||
with disabilities. | ||
SECTION 49. Sections 32.034(a), (c), (d), and (e), | ||
Education Code, are amended to read as follows: | ||
(a) The commissioner[ |
||
|
||
public institution of higher education or a consortium of public | ||
institutions of higher education in this state to sponsor a center | ||
for educational technology under this section. | ||
(c) The membership of the center shall consist of public | ||
school educators, regional education service centers, institutions | ||
of higher education, nonprofit organizations, and private sector | ||
representatives. The commissioner [ |
||
establish membership policies for the center. | ||
(d) The board of directors of the center is composed of the | ||
commissioner or the commissioner's representative and other | ||
persons [ |
||
|
||
(1) representatives of the center, including members | ||
of the public education system; and | ||
(2) a representative of each sponsoring institution of | ||
higher education[ |
||
[ |
||
|
||
(e) The board of directors shall: | ||
(1) employ a director for the center; | ||
(2) establish priorities for the center's activities; | ||
and | ||
(3) report annually on the operation, projects, and | ||
fiscal affairs of the center to the commissioner if the | ||
commissioner does not serve on the board and to [ |
||
|
||
SECTION 50. Sections 33.084(a) and (e), Education Code, are | ||
amended to read as follows: | ||
(a) The interscholastic league advisory council is composed | ||
of: | ||
(1) the commissioner [ |
||
|
||
(2) a member of the house of representatives appointed | ||
by the speaker of the house; | ||
(3) a member of the senate appointed by the lieutenant | ||
governor; | ||
(4) two members of the legislative council of the | ||
University Interscholastic League appointed by the chairman of the | ||
council; | ||
(5) two public school board members appointed by the | ||
commissioner; and | ||
(6) four [ |
||
the commissioner. | ||
(e) The advisory council shall review the rules of the | ||
University Interscholastic League and shall make recommendations | ||
relating to the rules to the governor, the legislature, the | ||
legislative council of the University Interscholastic League, and | ||
the commissioner [ |
||
SECTION 51. Section 37.108(a), Education Code, is amended | ||
to read as follows: | ||
(a) Each school district or public junior college district | ||
shall adopt and implement a multihazard emergency operations plan | ||
for use in the district's facilities. The plan must address | ||
mitigation, preparedness, response, and recovery as defined by the | ||
commissioner [ |
||
conjunction with the governor's office of homeland security. The | ||
plan must provide for: | ||
(1) district employee training in responding to an | ||
emergency; | ||
(2) if the plan applies to a school district, | ||
mandatory school drills and exercises to prepare district students | ||
and employees for responding to an emergency; | ||
(3) measures to ensure coordination with the | ||
Department of State Health Services and local emergency management | ||
agencies, law enforcement, health departments, and fire | ||
departments in the event of an emergency; and | ||
(4) the implementation of a safety and security audit | ||
as required by Subsection (b). | ||
SECTION 52. Sections 37.203(a) and (b), Education Code, are | ||
amended to read as follows: | ||
(a) The center is advised by a board of directors composed | ||
of: | ||
(1) the attorney general, or the attorney general's | ||
designee; | ||
(2) the commissioner, or the commissioner's designee; | ||
(3) the executive director of the Texas Juvenile | ||
Probation Commission, or the executive director's designee; | ||
(4) the executive commissioner of the Texas Youth | ||
Commission, or the executive commissioner's designee; | ||
(5) the commissioner of the Department of State Health | ||
Services, or the commissioner's designee; and | ||
(6) [ |
||
|
||
[ |
||
with the advice and consent of the senate: | ||
(A) a juvenile court judge; | ||
(B) a member of a school district's board of | ||
trustees; | ||
(C) an administrator of a public primary school; | ||
(D) an administrator of a public secondary | ||
school; | ||
(E) a member of the state parent-teacher | ||
association; | ||
(F) a teacher from a public primary or secondary | ||
school; | ||
(G) a public school superintendent who is a | ||
member of the Texas Association of School Administrators; | ||
(H) a school district police officer or a peace | ||
officer whose primary duty consists of working in a public school; | ||
[ |
||
(I) an administrator of a public institution of | ||
higher education; and | ||
(J) two members of the public. | ||
(b) Members of the board appointed under Subsection (a)(6) | ||
[ |
||
members described by Subsections (a)(6)(A)-(E) [ |
||
expiring on February 1 of each odd-numbered year and the terms of | ||
the members described by Subsections (a)(6)(F)-(J) [ |
||
expiring on February 1 of each even-numbered year. A member may | ||
serve more than one term. | ||
SECTION 53. Section 37.216(a), Education Code, is amended | ||
to read as follows: | ||
(a) Not later than January 1 of each odd-numbered year, the | ||
board shall provide a report to the governor, the legislature, [ |
||
|
||
SECTION 54. Section 37.2161(a), Education Code, is amended | ||
to read as follows: | ||
(a) The center shall periodically provide a school safety | ||
and security progress report to the governor, the legislature, [ |
||
|
||
information regarding school safety and security in the school | ||
districts and public junior college districts of this state based | ||
on: | ||
(1) elements of each district's multihazard emergency | ||
operations plan required by Section 37.108(a); | ||
(2) elements of each district's safety and security | ||
audit required by Section 37.108(b); and | ||
(3) any other report required to be submitted to the | ||
center. | ||
SECTION 55. Sections 39.023(c), (c-3), (e), (g), (h), and | ||
(l), Education Code, are 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 commissioner | ||
[ |
||
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 agency [ |
||
administer the assessment instruments. The agency [ |
||
|
||
end-of-course assessment instruments that complies with the | ||
requirements of Subsection (c-3). | ||
(c-3) In adopting a schedule for the administration of | ||
assessment instruments under this section, the agency [ |
||
|
||
(1) assessment instruments administered under | ||
Subsection (a) to be administered on a schedule so that the first | ||
assessment instrument is administered at least two weeks later than | ||
the date on which the first assessment instrument was administered | ||
under Subsection (a) during the 2006-2007 school year; and | ||
(2) the spring administration of end-of-course | ||
assessment instruments under Subsection (c) to occur in each school | ||
district not earlier than the first full week in May, except that | ||
the spring administration of the end-of-course assessment | ||
instruments in English I, English II, and English III must be | ||
permitted to occur at an earlier date. | ||
(e) Under rules adopted by the commissioner [ |
||
|
||
questions and answer keys to each assessment instrument | ||
administered under Subsection (a), (b), (c), (d), or (l), excluding | ||
any assessment instrument administered to a student for the purpose | ||
of retaking the assessment instrument, after the last time the | ||
instrument is administered for that school year. To ensure a valid | ||
bank of questions for use each year, the agency is not required to | ||
release a question that is being field-tested and was not used to | ||
compute the student's score on the instrument. The agency shall | ||
also release, under commissioner [ |
||
is no longer being field-tested and that was not used to compute a | ||
student's score. | ||
(g) The agency [ |
||
appropriate, nationally recognized, norm-referenced assessment | ||
instrument in reading and mathematics to be administered to a | ||
selected sample of students in the spring. If adopted, a | ||
norm-referenced assessment instrument must be a secured test. The | ||
state may pay the costs of purchasing and scoring the adopted | ||
assessment instrument and of distributing the results of the | ||
adopted instrument to the school districts. A district that | ||
administers the norm-referenced test adopted under this subsection | ||
shall report the results to the agency in a manner prescribed by the | ||
commissioner. | ||
(h) The agency shall notify school districts and campuses of | ||
the results of assessment instruments administered under this | ||
section at the earliest possible date [ |
||
|
||
subsequent school year. | ||
(l) The commissioner [ |
||
rules for the administration of the assessment instruments adopted | ||
under Subsection (a) in Spanish to students in grades three through | ||
five who are of limited English proficiency, as defined by Section | ||
29.052, whose primary language is Spanish, and who are not | ||
otherwise exempt from the administration of an assessment | ||
instrument under Section 39.027(a)(1) or (2). Each student of | ||
limited English proficiency whose primary language is Spanish, | ||
other than a student to whom Subsection (b) applies, may be assessed | ||
using assessment instruments in Spanish under this subsection for | ||
up to three years or assessment instruments in English under | ||
Subsection (a). The language proficiency assessment committee | ||
established under Section 29.063 shall determine which students are | ||
administered assessment instruments in Spanish under this | ||
subsection. | ||
SECTION 56. Sections 39.0233(a) and (c), Education Code, | ||
are amended to read as follows: | ||
(a) The agency[ |
||
|
||
be included in an end-of-course assessment instrument administered | ||
under Section 39.023(c) to be used for purposes of Section 51.3062. | ||
The questions adopted under this subsection must be developed in a | ||
manner consistent with any college readiness standards adopted | ||
under Sections 39.233 [ |
||
(c) The commissioner [ |
||
establish a level of performance on the questions adopted under | ||
this section that indicates a student's college readiness. A | ||
student's performance on the questions adopted under this section | ||
must be evaluated separately from the student's performance on the | ||
remainder of the assessment instrument. A student's performance on | ||
a question adopted under this section may not be used to determine | ||
the student's performance on the assessment instrument for purposes | ||
of Section 39.023 or 39.025. The commissioner shall adopt rules | ||
concerning the reporting of a student's performance on the | ||
questions adopted under this section. | ||
SECTION 57. Sections 39.024(a), (b), (c), (e), (f), (g), | ||
and (h), Education Code, are amended to read as follows: | ||
(a) In this section, "college readiness" means the level of | ||
preparation a student must attain in English language arts and | ||
mathematics courses to enroll and succeed, without remediation, in | ||
an entry-level general education course for credit in that same | ||
content area for a baccalaureate degree or associate degree program | ||
at: | ||
(1) a general academic teaching institution, as | ||
defined by Section 61.003, other than a research institution, as | ||
categorized under the agency's [ |
||
|
||
(2) a postsecondary educational institution that | ||
primarily offers associate degrees or certificates or credentials | ||
other than baccalaureate or advanced degrees. | ||
(b) The agency [ |
||
|
||
end-of-course assessment instruments required under Section | ||
39.023(c) are developed to be capable of, beginning with the | ||
2011-2012 school year, measuring college readiness. | ||
(c) The [ |
||
|
||
|
||
to substantiate the correlation between a certain level of | ||
performance by students on the Algebra II and English III | ||
end-of-course assessment instruments and college readiness. | ||
(e) Based on the results of the studies conducted under | ||
Subsection (c), the commissioner [ |
||
|
||
for the Algebra II and English III end-of-course assessment | ||
instruments indicating that students have attained college | ||
readiness. | ||
(f) The agency[ |
||
|
||
similar to the studies conducted under Subsection (c) for the | ||
appropriate science and social studies end-of-course assessment | ||
instruments. If the commissioner [ |
||
|
||
research studies conducted under this subsection substantiate a | ||
correlation between a certain level of performance by students on | ||
science and social studies end-of-course assessment instruments | ||
and college readiness, the commissioner [ |
||
|
||
as practicable, may establish student performance standards for the | ||
science and social studies end-of-course assessment instruments | ||
indicating that students have attained college readiness. | ||
(g) The agency[ |
||
|
||
perform studies as provided under Subsections (c) and (f) at least | ||
once every three years. | ||
(h) The agency [ |
||
|
||
standards established under this section and compare the | ||
performance standards to performance standards established | ||
nationally and internationally for comparable assessment | ||
instruments. Following each review, the agency [ |
||
|
||
lieutenant governor, the speaker of the house of representatives, | ||
and the clerks of the standing committees of the senate and the | ||
house of representatives with primary jurisdiction over public | ||
education and higher education a report on the results of the review | ||
indicating whether the college readiness performance standards | ||
established under this section are sufficiently rigorous to prepare | ||
students in this state to compete academically with students | ||
nationally and internationally. If the agency determines [ |
||
|
||
college readiness performance standards established under this | ||
section are not sufficiently rigorous, the agency [ |
||
|
||
college readiness performance standards. | ||
SECTION 58. Section 39.0241(a-1), Education Code, is | ||
amended to read as follows: | ||
(a-1) The commissioner [ |
||
|
||
performance necessary to indicate college readiness, as defined by | ||
Section 39.024(a). | ||
SECTION 59. Section 39.0242(d), Education Code, is amended | ||
to read as follows: | ||
(d) The agency shall continue to gather data and perform | ||
studies as provided under this section at least once every three | ||
years. If the data do not support the correlation between student | ||
performance standards and college readiness, the commissioner [ |
||
|
||
|
||
be satisfactory. | ||
SECTION 60. Section 39.026, Education Code, is amended to | ||
read as follows: | ||
Sec. 39.026. LOCAL OPTION. In addition to the assessment | ||
instruments adopted and administered by the agency [ |
||
|
||
may adopt and administer criterion-referenced or norm-referenced | ||
assessment instruments, or both, at any grade level. A | ||
norm-referenced assessment instrument adopted under this section | ||
must be economical, nationally recognized, and state-approved. | ||
SECTION 61. Section 39.052(b), Education Code, is amended | ||
to read as follows: | ||
(b) In determining the accreditation status of a school | ||
district, the commissioner: | ||
(1) shall evaluate and consider: | ||
(A) performance on student achievement | ||
indicators described by Section 39.053(c); and | ||
(B) performance under the financial | ||
accountability rating system developed under Subchapter D; and | ||
(2) may evaluate and consider: | ||
(A) the district's compliance with statutory | ||
requirements and requirements imposed by rule of the commissioner | ||
[ |
||
that relate to: | ||
(i) reporting data through the Public | ||
Education Information Management System (PEIMS) or other reports | ||
required by state or federal law or court order; | ||
(ii) the high school graduation | ||
requirements under Section 28.025; or | ||
(iii) an item listed under Sections | ||
7.056(e)(3)(C)-(I) that applies to the district; | ||
(B) the effectiveness of the district's programs | ||
for special populations; and | ||
(C) the effectiveness of the district's career | ||
and technology program. | ||
SECTION 62. Section 39.263(c), Education Code, is amended | ||
to read as follows: | ||
(c) The commissioner shall select annually schools and | ||
districts qualified to receive successful school awards for their | ||
performance and report the selections to the governor [ |
||
|
||
SECTION 63. Section 39.307, Education Code, is amended to | ||
read as follows: | ||
Sec. 39.307. USES OF PERFORMANCE REPORT. The information | ||
required to be reported under Section 39.306 shall be: | ||
(1) the subject of public hearings or meetings | ||
required under Sections 11.252, 11.253, and 39.306; | ||
(2) a primary consideration in school district and | ||
campus planning; and | ||
(3) a primary consideration of: | ||
(A) [ |
||
|
||
[ |
||
performance of the directors of the regional education service | ||
centers; | ||
(B) [ |
||
district in the evaluation of the performance of the superintendent | ||
of the district; and | ||
(C) [ |
||
of the performance of the district's campus principals. | ||
SECTION 64. Sections 39.331(d) and (e), Education Code, are | ||
amended to read as follows: | ||
(d) Subsections (a) and (b) apply to any report required by | ||
statute that the agency [ |
||
prepare and deliver to the governor, lieutenant governor, speaker | ||
of the house of representatives, or legislature. | ||
(e) Unless otherwise provided by law, any report required by | ||
statute that the agency [ |
||
prepare and deliver to the governor, lieutenant governor, speaker | ||
of the house of representatives, or legislature may be combined, at | ||
the discretion of the commissioner, with a report required by this | ||
subchapter. | ||
SECTION 65. Section 39.332(b)(23), Education Code, is | ||
amended to read as follows: | ||
(23) The report must contain any additional | ||
information considered important by the commissioner [ |
||
|
||
SECTION 66. Section 39.402(b), Education Code, is amended | ||
to read as follows: | ||
(b) The council is composed of: | ||
(1) the commissioner [ |
||
(2) [ |
||
[ |
||
|
||
SECTION 67. Section 39.404, Education Code, is amended to | ||
read as follows: | ||
Sec. 39.404. PRESIDING OFFICER. The commissioner [ |
||
|
||
SECTION 68. Section 39.406(a), Education Code, is amended | ||
to read as follows: | ||
(a) Except as otherwise provided, staff members of the | ||
agency[ |
||
|
||
council. | ||
SECTION 69. Sections 39.407(b) and (c), Education Code, are | ||
amended to read as follows: | ||
(b) The commissioner [ |
||
|
||
strategic plan adopted by the council under this section. | ||
(c) The commissioner [ |
||
|
||
strategic plan, spend money, award a grant, or enter into a contract | ||
in connection with a program relating to high school success and | ||
completion. | ||
SECTION 70. Section 39.409, Education Code, is amended to | ||
read as follows: | ||
Sec. 39.409. PRIVATE FOUNDATION PARTNERSHIPS. (a) The | ||
commissioner [ |
||
|
||
foundations that have made a substantial investment in the | ||
improvement of high schools in this state to maximize the impact of | ||
public and private investments. | ||
(b) A private foundation is not required to obtain the | ||
approval of the [ |
||
Subsection (a) before allocating resources to a school in this | ||
state. | ||
SECTION 71. Sections 39.411(a), (c), and (d), Education | ||
Code, are amended to read as follows: | ||
(a) Based on the strategic plan adopted under this | ||
subchapter, the council shall make recommendations to the | ||
commissioner [ |
||
|
||
or received for high school reform, college readiness, and dropout | ||
prevention, including grants awarded under Sections 21.4511, | ||
21.4541, 29.095, 29.096, 29.097, 29.098 [ |
||
[ |
||
(c) The commissioner [ |
||
|
||
recommendations and based on those recommendations may award grants | ||
to school districts, open-enrollment charter schools, institutions | ||
of higher education, regional education service centers, and | ||
nonprofit organizations to meet the goals of the council's | ||
strategic plan. | ||
(d) The commissioner [ |
||
|
||
(1) is not required under this section to allocate | ||
funds to a program or initiative recommended by the council; and | ||
(2) may not initiate a program funded under this | ||
section that does not conform to the recommended use of funds as | ||
provided under Subsections (a) and (b). | ||
SECTION 72. Sections 39.413, 39.414, and 39.416, Education | ||
Code, are amended to read as follows: | ||
Sec. 39.413. FUNDING FOR CERTAIN PROGRAMS. (a) From funds | ||
appropriated, the commissioner [ |
||
|
||
establish mathematics, science, and technology teacher preparation | ||
academies under Section 61.0766, [ |
||
|
||
under Section 29.098, and award grants under Section 61.0762(a)(3). | ||
(b) The agency [ |
||
shall establish mathematics, science, and technology teacher | ||
preparation academies under Section 61.0766, [ |
||
|
||
program under Section 29.098, and award grants under Section | ||
61.0762(a)(3) in a manner consistent with the goals of this | ||
subchapter and the goals in "Closing the Gaps," the state's master | ||
plan for higher education. | ||
Sec. 39.414. PRIVATE FUNDING. The commissioner [ |
||
|
||
may accept gifts, grants, or donations to fund a grant administered | ||
under this subchapter. | ||
Sec. 39.416. RULES. The commissioner [ |
||
|
||
administer this subchapter and any programs under the authority of | ||
the commissioner [ |
||
|
||
SECTION 73. Section 42.004, Education Code, is amended to | ||
read as follows: | ||
Sec. 42.004. ADMINISTRATION OF THE PROGRAM. The | ||
commissioner, in accordance with the rules of the commissioner | ||
[ |
||
reports consistent with this chapter as may be necessary to | ||
implement and administer the Foundation School Program. | ||
SECTION 74. Sections 51.403(d) and (e), Education Code, are | ||
amended to read as follows: | ||
(d) Each institution shall file with its governing board and | ||
the Texas Education Agency [ |
||
report, excluding individual instruction courses, indicating | ||
department, course number, title of course, and the name of the | ||
instructor. "Small classes," for the purpose of this report, are | ||
undergraduate-level courses with less than 10 registrations, and | ||
graduate-level courses with less than 5 registrations. No small | ||
classes shall be offered in any institution except as authorized by | ||
the appropriate governing board, within the guidelines established | ||
by the commissioner of education [ |
||
(e) Under guidelines established by the commissioner of | ||
education [ |
||
|
||
institutions shall report student performance during the first year | ||
enrolled after graduation from high school to the high school or | ||
junior college last attended. This report shall include[ |
||
|
||
developmental courses required, and the student's grade point | ||
average. Appropriate safeguards for student privacy shall be | ||
included in the rules for implementation of this subsection. | ||
SECTION 75. Sections 51.605(a), (b), and (f), Education | ||
Code, are amended to read as follows: | ||
(a) The commissioner shall allocate the fund in accordance | ||
with guidelines adopted by the commissioner [ |
||
|
||
percentage of women and underrepresented minority group students | ||
participating in eligible programs. The guidelines must ensure | ||
that programs approved for funding: | ||
(1) use professional volunteers at each level of | ||
instruction; | ||
(2) require parental involvement; | ||
(3) coordinate with public school preparation for | ||
scientific and mathematical careers; | ||
(4) coordinate with postsecondary educational | ||
institutions; | ||
(5) involve organizations of women and minority group | ||
members; | ||
(6) provide demonstrated professional leadership in | ||
educational activities for women and minority group members; and | ||
(7) are compatible with state and federal laws | ||
governing education. | ||
(b) The commissioner shall allocate the fund as follows: | ||
(1) the commissioner shall first allocate available | ||
funds to provide to each eligible program an amount equal to, at | ||
most, 50 percent of the amount of contributions the program | ||
received during the preceding fiscal year, as certified by the | ||
chief executive officer of the institution applying for the funds | ||
and verified by the commissioner; | ||
(2) after all grants have been made under Subdivision | ||
(1) of this subsection for which applications have been received by | ||
a date set by rule of the commissioner [ |
||
allocate funds for the establishment or continued operation of | ||
eligible programs that have not received contributions; and | ||
(3) the commissioner may allocate any amount remaining | ||
in the fund on January 1 of each year among the institutions | ||
receiving grants under Subdivision (1) of this subsection in | ||
proportion to each program's share of the total amount allocated | ||
under that subdivision. | ||
(f) The commissioner [ |
||
rules establishing procedures by which an entity must apply for | ||
funding and account for any funds received. | ||
SECTION 76. Section 51.606(b), Education Code, is amended | ||
to read as follows: | ||
(b) The commissioner [ |
||
on an annual basis which groups meet the requirements set out in | ||
Subsection (a)(2) [ |
||
|
||
|
||
SECTION 77. Section 51.752(g), Education Code, is amended | ||
to read as follows: | ||
(g) The committee shall report to the Legislative Budget | ||
Board at least once a year. The committee shall also report to the | ||
governor, the commissioner of education [ |
||
|
||
before the convening of each regular session. | ||
SECTION 78. Section 51.807, Education Code, is amended to | ||
read as follows: | ||
Sec. 51.807. RULEMAKING. (a) The commissioner of | ||
education [ |
||
rules relating to the operation of admissions programs under this | ||
subchapter, including rules relating to the identification of | ||
eligible students. | ||
(b) The commissioner of education [ |
||
|
||
|
||
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 | ||
recommended or advanced high school program. | ||
SECTION 79. Sections 51.916(a) and (b), Education Code, are | ||
amended to read as follows: | ||
(a) From funds appropriated for that purpose, the Texas | ||
Education Agency [ |
||
|
||
the purpose of supporting research in teaching, primary and | ||
secondary curricula, learning, and early childhood education. | ||
(b) Grants shall be awarded on a competitive basis according | ||
to standards adopted by rule of the commissioner of education | ||
[ |
||
encouraging the development of research centers at particular | ||
institutions of higher education. | ||
SECTION 80. Sections 51.968(d) and (f), Education Code, are | ||
amended to read as follows: | ||
(d) Each institution of higher education shall report to the | ||
Texas Education Agency [ |
||
policy adopted under this section and shall include a copy of the | ||
policy with the institution's undergraduate student application | ||
materials, including application materials available on the | ||
institution's Internet website. | ||
(f) The [ |
||
Texas Education Agency, shall: | ||
(1) identify correlations between the subject matter | ||
and content of courses offered by each institution of higher | ||
education and the subject matter and content of courses and | ||
examinations in the International Baccalaureate Diploma Program, | ||
the Advanced Placement Program, and the College-Level Examination | ||
Program; and | ||
(2) make that information available to the public on | ||
the agency's [ |
||
SECTION 81. Section 54.211(b), Education Code, as amended | ||
by Chapters 45 (S.B. 43) and 1372 (S.B. 939), Acts of the 81st | ||
Legislature, Regular Session, 2009, is reenacted and amended to | ||
read as follows: | ||
(b) The Texas Education Agency [ |
||
|
||
ensure that students in the conservatorship of the Department of | ||
Family and Protective Services and in grades 9-12 are aware of the | ||
availability of the exemption from the payment of tuition and fees | ||
provided by this section. | ||
SECTION 82. Section 54.2111(b), Education Code, is amended | ||
to read as follows: | ||
(b) The Texas Education Agency [ |
||
|
||
ensure that eligible [ |
||
|
||
the exemption from the payment of tuition and fees provided by this | ||
section. | ||
SECTION 83. Section 56.207, Education Code, is amended to | ||
read as follows: | ||
Sec. 56.207. PAYMENT OF STATE CREDIT. (a) At least once | ||
each year, [ |
||
commissioner of education shall prepare a report that includes: | ||
(1) the name of each student who used the state credit | ||
under this subchapter during the period covered by the report; | ||
(2) the school district from which each student | ||
graduated from high school; and | ||
(3) the amount of the state credit used by each student | ||
during the period covered by the report. | ||
(b) The [ |
||
|
||
distribute to each eligible institution of higher education | ||
[ |
||
the Foundation School Program, an amount sufficient to pay each | ||
eligible institution [ |
||
credit for tuition or tuition and mandatory fees, as applicable, | ||
that is applied by the institution during the period covered by the | ||
report. | ||
[ |
||
|
||
|
||
SECTION 84. Sections 56.304(a), (e-2), and (h), Education | ||
Code, are amended to read as follows: | ||
(a) To be eligible initially for a TEXAS grant, a person | ||
must: | ||
(1) be a resident of this state as determined by | ||
commissioner of education [ |
||
(2) meet either of the following academic | ||
requirements: | ||
(A) be a graduate of a public or accredited | ||
private high school in this state who graduated not earlier than the | ||
1998-1999 school year and who completed the recommended or advanced | ||
high school curriculum established under Section [ |
||
or its equivalent; or | ||
(B) have received an associate degree from a | ||
public or private institution of higher education not earlier than | ||
May 1, 2001; | ||
(3) meet financial need requirements as defined by the | ||
commissioner of education [ |
||
(4) be enrolled in an undergraduate degree or | ||
certificate program at an eligible institution; | ||
(5) be enrolled as: | ||
(A) an entering undergraduate student for at | ||
least three-fourths of a full course load for an entering | ||
undergraduate student, as determined by the commissioner of | ||
education [ |
||
the date of the person's graduation from high school; or | ||
(B) an entering student for at least | ||
three-fourths of a full course load for an undergraduate student as | ||
determined by the commissioner of education [ |
||
not later than the 12th month after the month the person receives an | ||
associate degree from a public or private institution of higher | ||
education; | ||
(6) have applied for any available financial aid or | ||
assistance; and | ||
(7) comply with any additional nonacademic | ||
requirement adopted by the commissioner of education [ |
||
|
||
(e-2) The commissioner of education [ |
||
shall adopt rules to provide a person who is otherwise eligible to | ||
receive a TEXAS grant additional time during which the person may | ||
receive a TEXAS grant in the event of a hardship or other good cause | ||
shown that prevents the person from continuing the person's | ||
enrollment during the period the person would otherwise have been | ||
eligible to receive a TEXAS grant, including a showing of a severe | ||
illness or other debilitating condition or that the person is or was | ||
responsible for the care of a sick, injured, or needy person. | ||
(h) The commissioner of education [ |
||
shall adopt rules to allow a person who is otherwise eligible to | ||
receive a TEXAS grant, in the event of a hardship or for other good | ||
cause shown, including a showing of a severe illness or other | ||
debilitating condition that may affect the person's academic | ||
performance or that the person is responsible for the care of a | ||
sick, injured, or needy person and that the person's provision of | ||
care may affect the person's academic performance, to receive a | ||
TEXAS grant while enrolled in a number of semester credit hours that | ||
is less than the number of semester credit hours required under | ||
Subsection (a)(5). The commissioner of education [ |
||
|
||
enrolled in fewer than six semester credit hours. | ||
SECTION 85. Sections 56.353(b) and (c), Education Code, are | ||
amended to read as follows: | ||
(b) The commissioner of education [ |
||
awarding repayment assistance shall give priority to applicants who | ||
demonstrate financial need. | ||
(c) If the money available for loan repayment assistance in | ||
a period for which assistance is awarded is insufficient to provide | ||
assistance to all eligible applicants described by Subsection (b), | ||
the commissioner of education [ |
||
priorities for awarding repayment assistance to address the most | ||
critical teacher shortages described by Subsection (a). | ||
SECTION 86. Sections 56.357(a), (d), (e), (f), (g), (h), | ||
and (j), Education Code, are amended to read as follows: | ||
(a) The Texas Education Agency [ |
||
establish a program under which the agency [ |
||
awards grants to assist persons seeking educator certification | ||
through alternative educator certification programs as provided by | ||
this section. | ||
(d) In selecting applicants to receive grants under the | ||
program, the Texas Education Agency [ |
||
consider: | ||
(1) the financial resources of an applicant; | ||
(2) the efficient use of the money available for | ||
grants; | ||
(3) the opportunity of applicants from all regions of | ||
this state to receive grants; and | ||
(4) any other factor the agency [ |
||
considers appropriate to further the purposes of this subchapter. | ||
(e) The amount of a grant under the program is equal to two | ||
times the current amount of a TEXAS grant under Subchapter M for a | ||
student enrolled in a general academic teaching institution. The | ||
Texas Education Agency [ |
||
the grant in installments during the period in which the person is | ||
enrolled in the person's alternative educator certification | ||
program. | ||
(f) The person must begin fulfilling the person's teaching | ||
obligation not later than the 18th month after the person completes | ||
the alternative educator certification program, unless the Texas | ||
Education Agency [ |
||
person additional time to begin fulfilling the teaching obligation. | ||
The person must complete the teaching obligation not later than the | ||
sixth year after the date the person begins to fulfill the teaching | ||
obligation. The agency [ |
||
additional time to complete the teaching obligation for good cause. | ||
(g) The Texas Education Agency [ |
||
cancel a person's teaching obligation if the agency [ |
||
|
||
(1) has become permanently disabled so that the person | ||
is not able to teach; or | ||
(2) has died. | ||
(h) The Texas Education Agency [ |
||
require a person who receives a grant to sign a promissory note | ||
acknowledging the conditional nature of the grant and promising to | ||
repay the amount of the grant plus applicable interest and | ||
reasonable collection costs if the person does not satisfy the | ||
applicable conditions of the grant. The agency [ |
||
|
||
(j) A person receiving a grant is considered to have failed | ||
to satisfy the conditions of the grant, and the grant automatically | ||
becomes a loan, if the person, without good cause as determined by | ||
the Texas Education Agency [ |
||
(1) remain enrolled in or to make steady progress in | ||
the alternative educator certification program for which the grant | ||
was made or, with the approval of the agency [ |
||
in another alternative educator certification program; or | ||
(2) become certified as a classroom teacher not later | ||
than the 18th month after the date the person completes the | ||
alternative educator certification program. | ||
SECTION 87. Section 57.21(b), Education Code, is amended to | ||
read as follows: | ||
(b) The corporation shall coordinate its efforts under this | ||
section with other entities, including [ |
||
|
||
educational, and civic associations, postsecondary educational | ||
institutions that participate in the corporation's programs, and | ||
lender advisory committees established under Section 57.461. | ||
SECTION 88. Sections 61.076(b), (c), (d), and (g), | ||
Education Code, are amended to read as follows: | ||
(b) The P-16 Council is composed of the commissioner of | ||
education, [ |
||
director of the Texas Workforce Commission, [ |
||
|
||
commissioner of assistive and rehabilitative services. The | ||
[ |
||
education serves [ |
||
(c) The chair [ |
||
additional members who are education professionals, agency | ||
representatives, business representatives, or other members of the | ||
community. Members appointed to the council under this subsection | ||
serve two-year terms expiring February 1 of each odd-numbered year. | ||
(d) The council shall meet at least once each calendar | ||
quarter and may hold other meetings as necessary at the call of the | ||
chair [ |
||
designee shall make a report of the council's activities at least | ||
twice annually to the governing body of the member's agency, except | ||
that [ |
||
|
||
of assistive and rehabilitative services or that commissioner's | ||
designee shall report to the executive commissioner of the Health | ||
and Human Services Commission. | ||
(g) The council shall advise the Texas Education Agency when | ||
it acts as the State Board for Career and Technology Education | ||
[ |
||
postsecondary career and technology activities, career and | ||
technology teacher education programs offered or proposed to be | ||
offered in the colleges and universities of this state, and other | ||
relevant matters, including: | ||
(1) coordinating postsecondary career and technology | ||
education and the articulation between postsecondary career and | ||
technology education and secondary career and technology | ||
education; | ||
(2) [ |
||
|
||
|
||
|
||
|
||
[ |
||
|
||
Technology Education, on the following: | ||
(A) the transfer of federal funds [ |
||
for allotment to eligible public postsecondary institutions of | ||
higher education; | ||
(B) the career and technology education funding | ||
for projects and institutions [ |
||
State Board for Career and Technology Education is required by | ||
federal law to endorse those determinations; | ||
(C) the development and updating of the state | ||
plan for career and technology education and the evaluation of | ||
programs, services, and activities of postsecondary career and | ||
technology education and amendments to the state plan for career | ||
and technology education as may relate to postsecondary education; | ||
(D) other matters related to postsecondary | ||
career and technology education; and | ||
(E) the coordination of curricula, instructional | ||
programs, research, and other functions as appropriate, including | ||
school-to-work and school-to-college transition programs and | ||
professional development activities; and | ||
(3) [ |
||
Council on educational policy issues related to workforce | ||
preparation. | ||
SECTION 89. Sections 61.0761(a), (b), (d), and (e), | ||
Education Code, are amended to read as follows: | ||
(a) The P-16 Council established under Section 61.076 shall | ||
recommend to the commissioner of education [ |
||
college readiness and success strategic action plan to increase | ||
student success and decrease the number of students enrolling in | ||
developmental course work in institutions of higher education. The | ||
plan must include: | ||
(1) definitions[ |
||
|
||
and expectations for college readiness that address the knowledge | ||
and skills expected of students to perform successfully in | ||
entry-level courses offered at institutions of higher education; | ||
(2) a description of the components of a P-16 | ||
individualized graduation plan sufficient to prepare students for | ||
college success; | ||
(3) the manner in which the Texas Education Agency | ||
should provide model curricula for use as a reference tool by school | ||
district employees; | ||
(4) recommendations to the Texas Education Agency[ |
||
|
||
for decreasing the number of students enrolling in developmental | ||
course work at institutions of higher education; | ||
(5) recommendations to the State Board for Educator | ||
Certification regarding changes to educator certification and | ||
professional development requirements that contribute to the | ||
ability of public school teachers to prepare students for higher | ||
education; and | ||
(6) any other elements that the commissioner of | ||
education suggests [ |
||
plan. | ||
(b) The commissioner of education [ |
||
adopt the college readiness and success strategic action plan | ||
recommended by the P-16 Council if the commissioner determines [ |
||
|
||
requirements of this section. | ||
(d) Not later than December 1 of each even-numbered year, | ||
the commissioner of education [ |
||
to the governor, the lieutenant governor, the speaker of the house | ||
of representatives, each member of the Legislative Budget Board, | ||
and the members of the standing committees of the senate and house | ||
of representatives with primary jurisdiction over the public school | ||
system and higher education system describing progress in | ||
implementing the college readiness and success strategic action | ||
plan. | ||
(e) The commissioner of education [ |
||
adopt rules necessary to implement this section. | ||
SECTION 90. Sections 61.0776(a), (b), (c), and (f), | ||
Education Code, are amended to read as follows: | ||
(a) The Texas Education Agency [ |
||
public and private or independent institutions of higher education, | ||
[ |
||
representatives of student financial aid offices of any | ||
institutions, regional education service centers, and the Texas | ||
Guaranteed Student Loan Corporation, shall develop a center for | ||
financial aid information. The center shall disseminate | ||
information about financial aid opportunities and procedures, | ||
including information about different types of financial aid | ||
available, eligibility requirements, and procedures for applying | ||
for financial aid. The center shall also provide information to | ||
prospective students about the Teach for Texas grant program. The | ||
information must emphasize the importance of teaching as a | ||
profession. | ||
(b) To assist the Texas Education Agency [ |
||
developing information provided by the center, the commissioner of | ||
education [ |
||
that consists of experts in financial aid administration, public | ||
school counselors, and other persons who can provide insight into | ||
the informational needs of students. | ||
(c) The commissioner of education [ |
||
institution of higher education or other entity with appropriate | ||
facilities and resources to operate or house the center. If the | ||
commissioner of education [ |
||
entity created by the legislature to operate or house the center, | ||
the commissioner [ |
||
appropriated for that purpose for the costs incurred by the entity | ||
in carrying out the activities of the center under this section. | ||
(f) The Texas Education Agency [ |
||
the entities specified by Subsection (a) and the advisory committee | ||
established by Subsection (b), shall develop a comprehensive | ||
financial aid training program for public school counselors, | ||
employees of student financial aid offices of public and private or | ||
independent institutions of higher education, members of | ||
appropriate community-based organizations, and other appropriate | ||
persons. The commissioner of education [ |
||
necessary to administer the training program. The agency [ |
||
shall design the training program to: | ||
(1) use the information required by Subsection (e) and | ||
any other information necessary to carry out this subdivision: | ||
(A) to inform persons receiving the training | ||
concerning: | ||
(i) the opportunities available to students | ||
for obtaining financial aid, including eligibility requirements; | ||
and | ||
(ii) the procedures for obtaining financial | ||
aid; and | ||
(B) to provide sufficient and accessible detail | ||
to enable the persons receiving the training to provide timely and | ||
consistent answers to the questions of students and their parents, | ||
conservators, or guardians concerning the opportunities and | ||
procedures; | ||
(2) teach methods to enable the persons receiving the | ||
training to effectively communicate financial aid information to | ||
students and their parents, conservators, or guardians; | ||
(3) support and promote the dissemination of financial | ||
aid information to students and their parents, conservators, or | ||
guardians throughout local areas; and | ||
(4) publicize the training and make the training | ||
easily available to public school counselors and other appropriate | ||
persons throughout this state. | ||
SECTION 91. Sections 61.702(a) and (c), Education Code, are | ||
amended to read as follows: | ||
(a) To be eligible to receive repayment assistance for | ||
classroom teachers, a person must apply to the Texas Education | ||
Agency [ |
||
(1) have completed at least one year of employment as a | ||
full-time classroom teacher at the preschool, primary, or secondary | ||
level in a public school in this state in an area or field of acute | ||
teacher shortage as designated by the commissioner of education; | ||
and | ||
(2) be employed as a full-time classroom teacher at | ||
the preschool, primary, or secondary level in a public school in | ||
this state in an area or field described by Subdivision (1). | ||
(c) The Texas Education Agency [ |
||
in granting repayment assistance for classroom teachers to a person | ||
who received repayment assistance for classroom teachers for the | ||
preceding school year. The priority terminates if the person does | ||
not apply for or is not eligible for that assistance. In | ||
extraordinary circumstances, the agency [ |
||
to maintain the priority after one or more years in which the person | ||
is unable to teach as a classroom teacher. | ||
SECTION 92. Section 61.784, Education Code, is amended to | ||
read as follows: | ||
Sec. 61.784. COORDINATION. The Texas Education Agency | ||
[ |
||
studies and cultural exchange, coordinated by the academy, to | ||
develop long-range goals designed to enhance foreign language and | ||
international studies and to expand educational and cultural | ||
exchange. If the [ |
||
established, then in addition to other persons chosen for the task | ||
force by the academy, the academy shall invite the governor, the | ||
commissioner of education, [ |
||
the executive director of the Texas Economic Development and | ||
Tourism Office [ |
||
director of [ |
||
on the task force or to designate a representative to serve on the | ||
task force. The academy also shall invite the lieutenant governor | ||
to designate a member of the senate to serve on the task force and | ||
shall invite the speaker of the house of representatives to | ||
designate a member of the house of representatives to serve on the | ||
task force. | ||
SECTION 93. Sections 61.810(a), (f), and (g), Education | ||
Code, are amended to read as follows: | ||
(a) The Texas partnership and scholarship program advisory | ||
council consists of: | ||
(1) [ |
||
commissioner of education, who serves [ |
||
member [ |
||
(2) three members of the public appointed by the | ||
governor; | ||
(3) two members of the public appointed by the | ||
lieutenant governor; and | ||
(4) two members of the public appointed by the speaker | ||
of the house of representatives. | ||
(f) The advisory council shall: | ||
(1) review a summary of each application from an | ||
eligible entity for a grant to establish a partnership program and | ||
provide its recommendations to the Texas Education Agency [ |
||
concerning those applications; | ||
(2) assist the agency [ |
||
partnership program established under this subchapter; | ||
(3) advise the agency [ |
||
adopted by the commissioner of education [ |
||
subchapter; and | ||
(4) provide any other assistance to the agency [ |
||
that the agency [ |
||
subchapter. | ||
(g) The Texas Education Agency [ |
||
advisory council with technical and clerical assistance at the | ||
request of the council. | ||
SECTION 94. Section 61.812, Education Code, is amended to | ||
read as follows: | ||
Sec. 61.812. ADOPTION AND DISTRIBUTION OF RULES. (a) The | ||
commissioner of education [ |
||
consistent with the purposes of this subchapter, to carry out and | ||
enforce the requirements expressed by this subchapter. | ||
(b) The [ |
||
Agency shall distribute to[ |
||
higher education, each school district, and any other appropriate | ||
entity copies of all rules adopted under this subchapter. | ||
SECTION 95. 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 recommended | ||
high school program adopted [ |
||
Section 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 96. Section 61.854, Education Code, is amended to | ||
read as follows: | ||
Sec. 61.854. TECH-PREP CONSORTIUM ALLOTMENT. (a) In each | ||
fiscal year, [ |
||
Agency, or another state agency as required by federal law, shall | ||
allot the federal tech-prep implementation money this state | ||
receives to the regional tech-prep consortia for regional | ||
administration according to regionally developed plans designed to | ||
meet federal, state, and regional goals. The agency [ |
||
allot the money to tech-prep consortia in accordance with a formula | ||
adopted by the commissioner of education [ |
||
hearing and in consultation with interested state entities and | ||
local consortia, that addresses the differing needs of the | ||
consortia due to urban or rural populations, special populations, | ||
number of tech-prep programs and students, and other factors | ||
determined by the board. | ||
(b) An eligible tech-prep consortium that desires | ||
assistance under this section must submit an application to the | ||
Texas Education Agency [ |
||
commissioner of education [ |
||
address the formula adopted by the commissioner [ |
||
Subsection (a). | ||
(c) If a tech-prep consortium has a completed application on | ||
file under Subsection (b), the Texas Education Agency or other | ||
appropriate agency [ |
||
consortium's allotment under Subsection (a) to the consortium's | ||
fiscal agent. | ||
SECTION 97. Sections 61.855(a) and (d), Education Code, are | ||
amended to read as follows: | ||
(a) From amounts made available under Section 61.854, the | ||
Texas Education Agency, or other state agency as required by | ||
federal law [ |
||
formula adopted by the commissioner of education [ |
||
award grants to tech-prep consortia for tech-prep programs | ||
described by Subsection (d). | ||
(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 recommended high school program adopted [ |
||
|
||
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 career [ |
||
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 98. Section 61.861(a), Education Code, is amended | ||
to read as follows: | ||
(a) The [ |
||
commissioner of education, in consultation with the comptroller and | ||
the Texas Workforce Commission, may award a grant in an amount not | ||
to exceed $1 million to an institution of higher education to | ||
develop advanced mathematics and science courses to prepare high | ||
school students for employment in a high-demand occupation. The | ||
[ |
||
the comptroller, and the Texas Workforce Commission shall jointly | ||
determine what is considered a high-demand occupation for purposes | ||
of this subchapter. | ||
SECTION 99. Section 61.862, Education Code, is amended to | ||
read as follows: | ||
Sec. 61.862. GRANT APPLICATION CRITERIA. The [ |
||
|
||
consultation with the comptroller and the Texas Workforce | ||
Commission, shall establish application criteria for a grant under | ||
this subchapter and in making an award shall give priority to | ||
courses that: | ||
(1) will prepare students for high-demand, high-wage, | ||
and high-skill occupations and further postsecondary study; | ||
(2) may be transferred as college credit to multiple | ||
institutions of higher education; and | ||
(3) are developed as part of a sequence of courses that | ||
includes statewide availability of the instructional materials and | ||
training for the courses at a nominal cost to public educational | ||
institutions in this state. | ||
SECTION 100. 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 [ |
||
|
||
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 recommended or advanced high school program as determined under | ||
Section 28.025. | ||
SECTION 101. Section 105.302(b), Education Code, is amended | ||
to read as follows: | ||
(b) Each of the following shall appoint one member to serve | ||
on the advisory board: | ||
(1) the commissioner of education [ |
||
|
||
(2) [ |
||
[ |
||
Administrators; | ||
(3) [ |
||
the Gifted and Talented; | ||
(4) [ |
||
(5) [ |
||
(6) [ |
||
Representatives. | ||
SECTION 102. Section 130.090(d), Education Code, is amended | ||
to read as follows: | ||
(d) For instances when state funding is provided to both a | ||
school district and a public junior college for a student enrolled | ||
in courses offered by a junior college under Subsection (a), the | ||
commissioner of education [ |
||
|
||
eliminate duplication of state funding. | ||
SECTION 103. Section 161.02, Education Code, is amended to | ||
read as follows: | ||
Sec. 161.02. TEXAS REPRESENTATIVES. The Texas membership | ||
to the Educational Commission of the States shall be the governor or | ||
the governor's [ |
||
the state, including the state commissioner of education [ |
||
|
||
serve at the pleasure of the governor. These seven members shall | ||
officially represent Texas on the Education Commission of the | ||
States. | ||
SECTION 104. Article VII, Section 162.002, Education Code, | ||
is amended to read as follows: | ||
ARTICLE VII. GRADUATION | ||
In order to facilitate the on-time graduation of children of | ||
military families, states and local education agencies shall | ||
incorporate the following procedures: | ||
A. Waiver requirements--Local education agency | ||
administrative officials shall waive specific courses required for | ||
graduation if similar coursework has been satisfactorily completed | ||
in another local education agency or shall provide reasonable | ||
justification for denial. Should a waiver not be granted to a | ||
student who would qualify to graduate from the sending school, the | ||
local education agency shall provide an alternative means of | ||
acquiring required coursework so that graduation may occur on time. | ||
B. Exit exams--States shall accept: (1) exit or | ||
end-of-course exams required for graduation from the sending state; | ||
or (2) national norm-referenced achievement tests; or (3) | ||
alternative testing, in lieu of testing requirements for graduation | ||
in the receiving state. In the event the above alternatives cannot | ||
be accommodated by the receiving state for a student transferring | ||
in his or her senior year, then the provisions of Article VII, | ||
Section C, shall apply. | ||
C. Transfers during senior year--Should a military student | ||
transferring at the beginning or during his or her senior year be | ||
ineligible to graduate from the receiving local education agency | ||
after all alternatives have been considered, the sending and | ||
receiving local education agencies shall ensure the receipt of a | ||
diploma from the sending local education agency, if the student | ||
meets the graduation requirements of the sending local education | ||
agency. In the event that one of the states in question is not a | ||
member of this compact, the member state shall use best efforts to | ||
facilitate the on-time graduation of the student in accordance with | ||
Sections A and B of this article. | ||
The Texas commissioner of education shall adopt a passing | ||
standard on one or more national norm-referenced achievement tests | ||
for purposes of permitting a student to whom this compact applies to | ||
meet that standard as a substitute for completing a specific course | ||
or achieving a score on an assessment instrument otherwise required | ||
by this state for graduation. Each passing standard must be at | ||
least as rigorous as the applicable requirement otherwise imposed | ||
by this state for graduation, and be consistent with college | ||
readiness standards adopted under Section 28.008, Texas Education | ||
Code. [ |
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A passing standard adopted by the commissioner of education | ||
is available only for a student who enrolls in a public school in | ||
this state for the first time after completing the ninth grade or | ||
who reenrolls in a public school in this state at or above the 10th | ||
grade level after an absence of at least two years from the public | ||
schools of this state. Each passing standard in effect when a | ||
student first enrolls in a public high school in this state remains | ||
applicable to the student for the duration of the student's high | ||
school enrollment, regardless of any subsequent revision of the | ||
standard. | ||
The commissioner of education may adopt rules as necessary to | ||
implement the commissioner's duties and authority under this | ||
article of the compact. | ||
The Texas Education Agency [ |
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this state of students permitted to graduate in accordance with | ||
passing standards adopted by the commissioner of education for | ||
purposes of this compact. Based on the educational performance of | ||
those students in private and public institutions, the agency | ||
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commissioner of education regarding appropriate revisions of the | ||
passing standards. | ||
SECTION 105. Section 449.052(b), Government Code, is | ||
amended to read as follows: | ||
(b) In implementing Subsection (a)(3), the commission may | ||
contact and cooperate with: | ||
(1) existing public or private Holocaust or other | ||
genocide resource organizations, including the United States | ||
Holocaust Memorial Museum; | ||
(2) other museums, centers, and organizations based in | ||
this state; | ||
(3) state agencies that carry out the educational | ||
functions of the state delegated under the Education Code[ |
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(4) members of the United States Congress and of the | ||
legislature of this state. | ||
SECTION 106. Section 661.031(2), Government Code, is | ||
amended to read as follows: | ||
(2) "State employee" means an individual who is an | ||
appointed officer or employee of a state agency and who normally | ||
works 900 hours or more a year. The term includes: | ||
(A) an hourly employee; | ||
(B) a temporary employee; | ||
(C) a person employed by: | ||
(i) the Teacher Retirement System of Texas; | ||
(ii) the Texas Education Agency; | ||
(iii) [ |
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[ |
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Visually Impaired; | ||
(iv) [ |
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(v) [ |
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(vi) [ |
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or | ||
(vii) [ |
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and Rehabilitative Services; and | ||
(D) a classified, administrative, faculty, or | ||
professional employee of a state institution or agency of higher | ||
education who has accumulated vacation leave, sick leave, or both, | ||
during the employment. | ||
SECTION 107. Section 661.061(2), Government Code, is | ||
amended to read as follows: | ||
(2) "State employee" means an employee or appointed | ||
officer of a state agency. The term includes: | ||
(A) a full-time employee or officer; | ||
(B) a part-time employee or officer; | ||
(C) an hourly employee; | ||
(D) a temporary employee; | ||
(E) a person employed by: | ||
(i) the Teacher Retirement System of Texas; | ||
(ii) the Texas Education Agency; | ||
(iii) [ |
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[ |
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Visually Impaired; | ||
(iv) [ |
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(v) [ |
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(vi) [ |
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or | ||
(vii) [ |
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and Rehabilitative Services; or | ||
(F) a classified, administrative, faculty, or | ||
professional employee of a state institution or agency of higher | ||
education who has accumulated vacation leave during the employment. | ||
SECTION 108. Sections 830.101(a) and (b), Government Code, | ||
are amended to read as follows: | ||
(a) The governing board of each institution of higher | ||
education shall provide an opportunity to participate in the | ||
optional retirement program to all faculty members in the component | ||
institutions governed by the board. The [ |
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determined by the commissioner, participate in the optional | ||
retirement program. | ||
(b) Eligibility to participate in the optional retirement | ||
program is subject to rules adopted by the commissioner of | ||
education [ |
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SECTION 109. Section 312.003(a), Labor Code, is amended to | ||
read as follows: | ||
(a) The commission shall establish the Interagency Literacy | ||
Council. The council is composed of nine members as follows: | ||
(1) a representative of the commission, appointed by | ||
the executive director; | ||
(2) two representatives [ |
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Texas Education Agency, appointed by the commissioner of education; | ||
and | ||
(3) [ |
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business or nonprofit community engaged in literacy promotion | ||
efforts, appointed by the executive director of the commission. | ||
SECTION 110. Article 45.054(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) On a finding by a county, justice, or municipal court | ||
that an individual has committed an offense under Section 25.094, | ||
Education Code, the court has jurisdiction to enter an order that | ||
includes one or more of the following provisions requiring that: | ||
(1) the individual: | ||
(A) attend school without unexcused absences; | ||
(B) attend a preparatory class for the high | ||
school equivalency examination administered under Section 7.033 | ||
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individual is too old to do well in a formal classroom environment; | ||
or | ||
(C) if the individual is at least 16 years of age, | ||
take the high school equivalency examination administered under | ||
Section 7.033 [ |
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(2) the individual attend a special program that the | ||
court determines to be in the best interest of the individual, | ||
including: | ||
(A) an alcohol and drug abuse program; | ||
(B) a rehabilitation program; | ||
(C) a counseling program, including | ||
self-improvement counseling; | ||
(D) a program that provides training in | ||
self-esteem and leadership; | ||
(E) a work and job skills training program; | ||
(F) a program that provides training in | ||
parenting, including parental responsibility; | ||
(G) a program that provides training in manners; | ||
(H) a program that provides training in violence | ||
avoidance; | ||
(I) a program that provides sensitivity | ||
training; and | ||
(J) a program that provides training in advocacy | ||
and mentoring; | ||
(3) the individual and the individual's parent attend | ||
a class for students at risk of dropping out of school designed for | ||
both the individual and the individual's parent; | ||
(4) the individual complete reasonable community | ||
service requirements; or | ||
(5) for the total number of hours ordered by the court, | ||
the individual participate in a tutorial program covering the | ||
academic subjects in which the student is enrolled provided by the | ||
school the individual attends. | ||
SECTION 111. Section 29.087(d), Education Code, is amended | ||
to read as follows: | ||
(d) A student is eligible to participate in a program | ||
authorized by this section if: | ||
(1) the student has been ordered by a court under | ||
Article 45.054, Code of Criminal Procedure, [ |
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the Texas Youth Commission to: | ||
(A) participate in a preparatory class for the | ||
high school equivalency examination; or | ||
(B) take the high school equivalency examination | ||
administered under Section 7.033 [ |
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(2) the following conditions are satisfied: | ||
(A) the student is at least 16 years of age at the | ||
beginning of the school year or semester; | ||
(B) the student is a student at risk of dropping | ||
out of school, as defined by Section 29.081; | ||
(C) the student and the student's parent or | ||
guardian agree in writing to the student's participation; | ||
(D) at least two school years have elapsed since | ||
the student first enrolled in ninth grade and the student has | ||
accumulated less than one third of the credits required to graduate | ||
under the minimum graduation requirements of the district or | ||
school; and | ||
(E) any other conditions specified by the | ||
commissioner. | ||
SECTION 112. Effective May 1, 2012, the following | ||
provisions of the Education Code are repealed: | ||
(1) Section 7.021(b)(14); | ||
(2) Section 7.055(b)(39); | ||
(3) Sections 7.102(b), (c), (e), and (f); | ||
(4) Section 28.008(g); | ||
(5) Section 28.009(b); | ||
(6) Section 39.023(o); | ||
(7) Section 51.602(2); | ||
(8) Section 51.916(c); | ||
(9) Section 56.304(g); | ||
(10) Section 61.0211; | ||
(11) Section 61.0761(c); and | ||
(12) Section 61.808. | ||
SECTION 113. (a) Effective May 1, 2012: | ||
(1) the Texas Higher Education Coordinating Board is | ||
abolished; | ||
(2) all functions and activities performed | ||
immediately before that date by the State Board of Education, other | ||
than functions and activities assigned to the State Board of | ||
Education by the constitution of this state, or by the Texas Higher | ||
Education Coordinating Board are transferred to the Texas Education | ||
Agency; | ||
(3) a rule, form, policy, procedure, or decision of | ||
the State Board of Education, other than a rule, form, policy, | ||
procedure, or decision relating to a function or activity assigned | ||
to the State Board of Education by the constitution of this state, | ||
or of the Texas Higher Education Coordinating Board continues in | ||
effect as a rule, form, policy, procedure, or decision of the Texas | ||
Education Agency and remains in effect until amended or replaced by | ||
the commissioner of education; | ||
(4) a rule of the State Board for Educator | ||
Certification approved by the State Board of Education remains in | ||
effect until amended or replaced as provided by law; | ||
(5) a reference in law or administrative rule to the | ||
State Board of Education or the Texas Higher Education Coordinating | ||
Board means the Texas Education Agency, other than a reference: | ||
(A) to the State Board of Education relating to a | ||
function or activity assigned to the board by the constitution of | ||
this state; or | ||
(B) under Section 86.22 or 133.006(b), Education | ||
Code, or another law similarly referring to a past action taken by | ||
the State Board of Education; | ||
(6) a reference in law or administrative rule to the | ||
commissioner of higher education means the commissioner of | ||
education; | ||
(7) all money, contracts, leases, rights, property, | ||
records, and bonds and other obligations of the State Board of | ||
Education or of the Texas Higher Education Coordinating Board are | ||
transferred to the Texas Education Agency, except that: | ||
(A) money or a contract, lease, right, property, | ||
record, or bond or other obligation relating to a function or | ||
activity assigned to the State Board of Education by the | ||
constitution of this state is not transferred; and | ||
(B) a contract under Section 12.112, Education | ||
Code, is transferred to the commissioner of education; | ||
(8) a court case, administrative proceeding, contract | ||
negotiation, or other proceeding involving the State Board of | ||
Education, other than a proceeding relating to a function or | ||
activity assigned to the State Board of Education by the | ||
constitution of this state, or involving the Texas Higher Education | ||
Coordinating Board is transferred without change in status to the | ||
Texas Education Agency, and the Texas Education Agency assumes, | ||
without a change in status, the position of the State Board of | ||
Education or the Texas Higher Education Coordinating Board, as | ||
applicable, in a negotiation or proceeding relating to an activity | ||
transferred by this Act to the Texas Education Agency to which the | ||
State Board of Education or the Texas Higher Education Coordinating | ||
Board, as applicable, is a party; | ||
(9) an employee of the State Board of Education, other | ||
than an employee whose duties relate solely or primarily to a | ||
function or activity assigned to the State Board of Education by the | ||
constitution of this state, or of the Texas Higher Education | ||
Coordinating Board becomes an employee of the Texas Education | ||
Agency; and | ||
(10) any unexpended and unobligated balance of money | ||
appropriated by the legislature for the State Board of Education, | ||
other than money appropriated to enable the State Board of | ||
Education to carry out a function or activity assigned by the | ||
constitution of this state, or for the Texas Higher Education | ||
Coordinating Board is transferred to the Texas Education Agency. | ||
(b) In the period beginning on January 1, 2012, and ending | ||
on April 30, 2012: | ||
(1) the State Board of Education and the Texas Higher | ||
Education Coordinating Board shall continue to perform functions | ||
and activities under the Education Code or other law as if the law | ||
had not been amended or repealed, as applicable, and the former law | ||
is continued in effect for that purpose; and | ||
(2) a person who is authorized or required by law to | ||
take an action relating to the State Board of Education, a member of | ||
the State Board of Education, the Texas Higher Education | ||
Coordinating Board, or a member of the coordinating board shall | ||
continue to take that action under the law as if the law had not been | ||
amended or repealed, as applicable, and the former law is continued | ||
in effect for that purpose. | ||
SECTION 114. Before May 1, 2012, the State Board of | ||
Education or the Texas Higher Education Coordinating Board, as | ||
applicable, may agree with the Texas Education Agency to transfer | ||
any property of the State Board of Education or the coordinating | ||
board, as applicable, to the Texas Education Agency to implement | ||
the transfer required by Section 113 of this Act. | ||
SECTION 115. Section 12.112, Education Code, as amended by | ||
this Act, applies only to the required signatories of a charter for | ||
an open-enrollment charter school in the case of a charter entered | ||
into on or after May 1, 2012. The required signatories of a charter | ||
for an open-enrollment charter school in the case of a charter | ||
entered into before May 1, 2012, are governed by the law in effect | ||
on the date the charter is entered into, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 116. This Act does not affect the reference to the | ||
state board of education under Section 143.112(1)(A), Local | ||
Government Code, or a similar reference to the extent that the | ||
reference is to the state board of education of another state. | ||
SECTION 117. This Act takes effect January 1, 2012. |