By Bivins                                              S.B. No. 385
         Substitute the following for S.B. No. 385:
         By Oliveira                                        C.S.S.B. No. 385
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the curriculum requirements for high school graduation
 1-3     and for admission to general academic teaching institutions.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 28.025, Education Code, is amended to read
 1-6     as follows:
 1-7           Sec. 28.025.  HIGH SCHOOL DIPLOMA AND CERTIFICATE; ACADEMIC
 1-8     ACHIEVEMENT RECORD. (a)  The State Board of Education by rule shall
 1-9     determine curriculum requirements for the minimum, recommended, and
1-10     advanced high school programs that are consistent with the required
1-11     curriculum under Section 28.002.
1-12           (b)  A student may graduate and receive a diploma only if:
1-13                 (1)  the student successfully completes the curriculum
1-14     requirements identified by the State Board of Education for the
1-15     recommended or advanced high school program [board] and complies
1-16     with Section 39.025(a); [or]
1-17                 (2)  the student, the student's parent or other person
1-18     standing in parental relation to the student, and a school
1-19     counselor or school administrator have agreed that the student
1-20     should not complete the recommended or advanced high school program
1-21     and the student successfully completes the curriculum requirements
1-22     identified by the board for the minimum high school program and
1-23     complies with Section 39.025(a); or
1-24                 (3)  the student successfully completes an
 2-1     individualized education program developed under Section 29.005.
 2-2           (c) [(b)]  A school district may issue a certificate of
 2-3     coursework completion to a student who successfully completes the
 2-4     curriculum requirements identified by the State Board of Education
 2-5     under Subsection (a) but who fails to comply with Section 39.025
 2-6     [perform satisfactorily on the assessment instruments specified by
 2-7     Subsection (a)].  A school district may allow a student who
 2-8     receives a certificate to participate in a graduation ceremony with
 2-9     students receiving high school diplomas.
2-10           (d) [(c)]  Each school district shall report the academic
2-11     achievement record of students who have completed a minimum,
2-12     recommended, or advanced high school program on transcript forms
2-13     adopted by the State Board of Education.  The transcript forms
2-14     adopted by the board must be designed to clearly differentiate
2-15     between each of the high school programs and identify whether a
2-16     student received a diploma or a certificate of coursework
2-17     completion.
2-18           (e)  In this section, "parent" includes a legal guardian or
2-19     other person standing in parental relation to a student.
2-20           (f)  Each school district must give notice to the parent of
2-21     each student enrolling in the ninth grade that completion of the
2-22     recommended or advanced high school program is required for
2-23     automatic admission to a general academic teaching institution
2-24     under Section 51.803.  This subsection expires July 31, 2003.
2-25           SECTION 2. Subchapter B, Chapter 28, Education Code, is
2-26     amended by adding Section 28.0251 to read as follows:
2-27           Sec. 28.0251.  NOTICE TO PARENTS CONCERNING HIGH SCHOOL
 3-1     GRADUATION PROGRAMS. (a)  Before course registration, each school
 3-2     district shall provide to the parent of each student enrolling in
 3-3     ninth grade the following information:
 3-4                 (1)  the recommended or advanced high school program
 3-5     established under Section 28.025(a):
 3-6                       (A)  is preferred to the minimum high school
 3-7     program for high school graduation; and
 3-8                       (B)  must be completed for the student to be
 3-9     eligible:
3-10                             (i)  under Section 51.803 for automatic
3-11     admission to a general academic teaching institution as a student
3-12     graduating with a grade point average in the top 10 percent of the
3-13     student's high school graduating class;
3-14                             (ii)  under Section 51.805(a) to enter a
3-15     general academic teaching institution directly following high
3-16     school graduation; and
3-17                             (iii)  to receive a Toward Excellence,
3-18     Access, and Success (TEXAS) grant under Subchapter M, Chapter 56,
3-19     Education Code, as added by Chapter 1590, Acts of the 76th
3-20     Legislature, Regular Session, 1999.
3-21                 (2)  the requirement under Section 51.805(a) that a
3-22     student who is not automatically admitted to a general academic
3-23     teaching institution under Section 51.803 or 51.804 and who has not
3-24     satisfactorily completed the recommended or advanced high school
3-25     program or an equivalent curriculum must earn at an institution of
3-26     higher education other than a general academic teaching institution
3-27     at least 24 semester credit hours in the core curriculum adopted
 4-1     under Section 61.822 before the student may be considered for
 4-2     admission into a general academic teaching institution;
 4-3                 (3)  the course requirements established under Section
 4-4     28.025(a) for the recommended and advanced high school programs;
 4-5                 (4)  the procedure established under Section
 4-6     28.025(b)(2) for enrolling in the minimum high school program
 4-7     instead of the recommended or advanced high school program.
 4-8           (b)  A school district may provide the information required
 4-9     under Subsection (a)  as part of regular correspondence by the
4-10     district to parents concerning student registration or orientation.
4-11           (c)  In this section:
4-12                 (1)  "General academic teaching institution" has the
4-13     meaning assigned by Section 61.003.
4-14                 (2)  "Parent" includes a legal guardian or other person
4-15     standing in parental relation to a student.
4-16           SECTION 3. Section 51.803, Education Code, is amended to read
4-17     as follows:
4-18           Sec. 51.803.  AUTOMATIC ADMISSION:  ALL INSTITUTIONS. (a)
4-19     Each general academic teaching institution shall admit an applicant
4-20     for admission to the institution as an undergraduate student if the
4-21     applicant graduated with a grade point average in the top 10
4-22     percent of the student's high school graduating class in one of the
4-23     two school years preceding the academic year for which the
4-24     applicant is applying for admission and the applicant:
4-25                 (1)  graduated from a public or private high school in
4-26     this state accredited by a generally recognized accrediting
4-27     organization or from a high school operated by the United States
 5-1     Department of Defense;
 5-2                 (2)  completed the recommended or advanced high school
 5-3     curriculum established under Section 28.025 or an equivalent
 5-4     curriculum at a high school to which that section does not apply;
 5-5     and
 5-6                 (3)[.  To qualify for admission under this section, an
 5-7     applicant must submit an application before the expiration of any
 5-8     application filing deadline established by the institution and,] if
 5-9     the applicant graduated from a high school operated by the United
5-10     States Department of Defense, is [must be] a Texas resident under
5-11     Section 54.052 or is [be] entitled to pay tuition fees at the rate
5-12     provided for Texas residents under Section 54.058(d) for the term
5-13     or semester to which admitted.
5-14           (b)  To qualify for admission under this section, an
5-15     applicant must submit an application before the expiration of any
5-16     application filing deadline established by the institution.
5-17           (c)  After admitting an applicant under this section, the
5-18     institution shall review the applicant's record and any other
5-19     factor the institution considers appropriate to determine whether
5-20     the applicant may require additional preparation for college-level
5-21     work or would benefit from inclusion in a retention program.  The
5-22     institution may require a student so identified to enroll during
5-23     the summer immediately after the student is admitted under this
5-24     section to participate in appropriate enrichment courses and
5-25     orientation programs.  This section does not prohibit a student who
5-26     is not determined to need additional preparation for college-level
5-27     work from enrolling, if the student chooses, during the summer
 6-1     immediately after the student is admitted under this section.
 6-2           (d)  Subsection (a)(2) does not apply to an applicant who
 6-3     graduated from a public high school that did not offer or make
 6-4     available the recommended or advanced high school curriculum
 6-5     established under Section 28.025.  This subsection expires August
 6-6     1, 2007.
 6-7           SECTION 4.  Section 51.805, Education Code, is amended by
 6-8     amending Subsection (a) to read as follows:
 6-9           (a)  A graduating student who does not qualify for admission
6-10     under Section 51.803 or 51.804 may apply to any general academic
6-11     teaching institution in accordance with this subsection.  The
6-12     satisfactory completion of the recommended or advanced high school
6-13     program established under Section 28.025 or the satisfactory
6-14     completion of an equivalent high school curriculum is a minimum
6-15     requirement for admission under this section to a general academic
6-16     teaching institution directly following high school graduation.  A
6-17     student who has not satisfactorily completed a recommended  or an
6-18     advanced high school program or an equivalent curriculum must earn
6-19     at an institution of higher education other than a general academic
6-20     teaching institution at least 24 semester credit hours in the core
6-21     curriculum adopted under Section 61.822 before the student may be
6-22     considered for admission into a general academic teaching
6-23     institution.
6-24           SECTION 5.  Section 51.807, Education Code, is amended to
6-25     read as follows:
6-26           Sec. 51.807.  RULEMAKING. (a)  The Texas Higher Education
6-27     Coordinating Board may adopt rules relating to the operation of
 7-1     admissions programs under this subchapter, including rules relating
 7-2     to the identification of eligible students and the reporting
 7-3     requirements of Section 51.806.
 7-4           (b)  The Texas Higher Education Coordinating Board after
 7-5     consulting with the Texas Education Agency by rule shall establish
 7-6     standards for determining:
 7-7                 (1)  whether a private high school is accredited by a
 7-8     generally accepted accrediting organization; and
 7-9                 (2)  whether a person completed a high school
7-10     curriculum that is equivalent to the recommended or advanced high
7-11     school program established under Section 28.025.
7-12           SECTION 6. (a)  Section 28.025, Education Code, as amended by
7-13     this Act, takes effect August 1, 2003, and applies to students
7-14     entering the ninth grade in the 2003-2004 school year and
7-15     thereafter.
7-16           (b)  Section 28.0251, Education Code, as added by this Act,
7-17     takes effect September 1, 2002, and applies beginning with
7-18     registration for the 2003-2004 school year.
7-19           (c)  Sections 51.803 and 51.807, Education Code, as amended
7-20     by this Act, take effect September 1, 2004 and apply beginning with
7-21     admissions for the  2005-2006 academic year.
7-22           (d)  Section 51.805(a), Education Code, as amended by this
7-23     Act, takes  effect August 1, 2007, and applies to admissions to
7-24     general academic teaching institutions beginning with the
7-25     admissions for the 2007 fall semester, and may not apply to
7-26     students graduating from high school prior to January 1, 2007.
7-27           (e)  This Act takes effect on September 1, 2001.