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S.B. No. 151
AN ACT
relating to students enrolled in certain high school and junior
college programs for which students may receive both high school
and higher education academic credit; creating the Texas Academy of
International Studies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 54, Education Code, is
amended by adding Section 54.2161 to read as follows:
Sec. 54.2161. PILOT PROJECT FOR CERTAIN STUDENTS ENROLLED
IN JUNIOR COLLEGE COURSES FOR CONCURRENT HIGH SCHOOL AND HIGHER
EDUCATION ACADEMIC CREDIT. (a) In this section:
(1) "Coordinating board" means the Texas Higher
Education Coordinating Board.
(2) "Public junior college" has the meaning assigned
by Section 61.003.
(b) Notwithstanding Section 54.002 or 54.216, the governing
board of a public junior college participating in the pilot project
established under this section shall waive the tuition and
mandatory fees charged by the college for a student who:
(1) is educationally disadvantaged, as defined by
Section 5.001; and
(2) is enrolled in a course offered by the college for
which the student is entitled to simultaneously receive both:
(A) course credit toward the student's high
school academic requirements; and
(B) course credit toward a degree or certificate
offered by the college.
(c) A student described by Subsection (b) is entitled to
free textbooks required for a course described by Subsection
(b)(2). The institution of higher education offering the course
shall provide the textbooks to the student. The school district in
which the student attends school shall pay the costs of the
textbooks in accordance with Section 31.031.
(d) The coordinating board shall adopt a procedure for a
public junior college to use in applying to participate in the pilot
project established under this section. From among the public
junior colleges that apply to participate under this subsection,
the coordinating board shall select five to participate in the
pilot project. The public junior colleges selected by the board
must:
(1) be located in various geographic regions of the
state;
(2) vary significantly in the number of students
enrolled; and
(3) satisfy any other requirements adopted by the
board.
(e) The pilot project established under this section may not
be implemented in a state fiscal year unless in the General
Appropriations Act for that fiscal year the legislature accounts
for the tuition and fee exemptions required by this section in a way
that provides a corresponding increase in the general revenue funds
appropriated to the public junior colleges that would be
participating in the pilot project. It is the intent of the
legislature that the tuition and fee exemptions required by this
section be financed by savings to the state resulting under this
section from reductions in the number of courses taken by
undergraduate students.
(f) If the pilot project established under this section is
implemented, the commissioner of higher education shall conduct an
ongoing evaluation of the effectiveness of the pilot project in
encouraging students to graduate from public and private
institutions of higher education in a timely manner and of any other
benefits or any problems that result from the pilot project. In
making an evaluation under this subsection, the commissioner of
higher education shall consult with the commissioner of education.
The commissioner of higher education shall report the results of an
evaluation under this subsection to the legislature not later than
December 31, 2006, and December 31, 2008.
(g) The governing board of a public junior college may not
waive tuition and fees under this section and a student is not
entitled to free textbooks under this section for a semester or
other academic term beginning before the 2005 fall semester.
(h) This section expires August 15, 2009.
SECTION 2. Section 31.021, Education Code, is amended by
adding Subsection (c) to read as follows:
(c) This subsection applies only if the pilot project
established under Section 54.2161 is implemented, and expires
August 15, 2009. In addition to the amount set aside under
Subsection (b), the State Board of Education shall annually set
aside out of the available school fund an amount sufficient for each
school district with one or more students entitled to free
textbooks under the pilot project established under Section 54.2161
to pay the costs of those textbooks as required by Section 31.031
for the following school year. The board shall determine the amount
of the available school fund to set aside for the state textbook
fund for purposes of this subsection based on the commissioner's
estimate of the amount that will be necessary to pay the costs of
textbooks as required under Section 31.031.
SECTION 3. Subchapter B, Chapter 31, Education Code, is
amended by adding Section 31.031 to read as follows:
Sec. 31.031. TEXTBOOKS FOR STUDENTS ENROLLED IN JUNIOR
COLLEGE COURSES FOR CONCURRENT HIGH SCHOOL AND HIGHER EDUCATION
ACADEMIC CREDIT UNDER PILOT PROJECT. (a) This section applies
only if the pilot project established under Section 54.2161 is
implemented.
(b) From the amount set aside by the State Board of
Education under Section 31.021(c), the school district that a
student entitled to free textbooks under the pilot project
established by Section 54.2161 attends shall pay the costs of each
textbook the student requires for a course described by Section
54.2161(b)(2).
(c) The State Board of Education shall adopt rules in
accordance with which a school district shall pay the costs of
textbooks under this section. The rules shall provide for a school
district to reimburse an institution of higher education for the
costs of textbooks that the institution provides to a student under
Section 54.2161.
(d) Section 31.102(c) does not apply to a textbook provided
under this section, except that the board of trustees of the school
district in which a student is enrolled is the legal custodian of a
textbook provided under this section.
(e) This section expires August 15, 2009.
SECTION 4. Section 42.005, Education Code, is amended by
adding Subsection (g) to read as follows:
(g) If a student may receive course credit toward the
student's high school academic requirements and toward the
student's higher education academic requirements for a single
course, the time during which the student attends the course shall
be counted as part of the minimum number of instructional hours
required for a student to be considered a full-time student in
average daily attendance for purposes of this section.
SECTION 5. Subchapter F, Chapter 87, Education Code, is
amended by adding Section 87.505 to read as follows:
Sec. 87.505. TEXAS ACADEMY OF INTERNATIONAL STUDIES.
(a) In this section:
(1) "Academy" means the Texas Academy of International
Studies.
(2) "Board" means the board of regents of The Texas A&M
University System.
(3) "University" means Texas A&M International
University.
(b) The Texas Academy of International Studies is a division
of Texas A&M International University and is under the management
and control of the board. The academy serves the following
purposes:
(1) to provide academically gifted and highly
motivated junior and senior high school students with a challenging
university-level curriculum that:
(A) allows students to complete high school
graduation requirements, including requirements adopted under
Section 28.025 for the advanced high school program, while
attending for academic credit a public institution of higher
education;
(B) fosters students' knowledge of real-world
international issues and problems and teaches students to apply
critical thinking and problem-solving skills to those issues and
problems;
(C) includes the study of English, foreign
languages, social studies, anthropology, and sociology;
(D) is presented through an interdisciplinary
approach that introduces and develops issues, especially issues
related to international concerns, throughout the curriculum; and
(E) offers students learning opportunities
related to international issues through in-depth research and
field-based studies;
(2) to provide students with an awareness of
international career and professional development opportunities
through seminars, workshops, collaboration with postsecondary
students from other countries, summer academic international
studies internships in foreign countries, and similar methods; and
(3) to provide students with social development
activities that enrich the academic curriculum and student life,
including, as determined appropriate by the academy, University
Interscholastic League activities and other extracurricular
activities generally offered by public high schools.
(c) The academy is a residential, coeducational institution
for selected Texas high school students with an interest and the
potential to excel in international studies. The academy shall
admit only high school juniors and seniors, except that the academy
may admit a student with exceptional abilities who is not yet a high
school junior. The board shall set aside adequate space on the
university campus in Laredo to operate the academy and implement
the purposes of this section. The academy must operate on the same
fall and spring semester basis as the university. Full-time
students of the academy must enroll for both the fall and spring
semesters. Faculty members of the university shall teach all
academic classes at the academy. A student of the academy may
attend a college course offered by the university and receive
college credit for that course.
(d) Except as otherwise provided by this subsection, the
university administration has the same powers and duties with
respect to the academy that the administration has with respect to
the university. The board shall consult with the dean of the
College of Education and other members of the administration as the
board considers necessary concerning the academy's administrative
design and support, personnel and student issues, and faculty
development. The board shall consult with the dean of the College
of Arts and Sciences and other members of the administration as the
board considers necessary concerning the academy's curriculum
development, program design, and general faculty issues. The
board, in consultation with university administration, shall:
(1) establish an internal management system for the
academy and appoint an academy principal who serves at the will of
the board and reports to the university provost;
(2) provide for one or more academy counselors;
(3) establish for the academy a site-based
decision-making process similar to the process required by
Subchapter F, Chapter 11, that provides for the participation of
academy faculty, parents of academy students, and other members of
the community; and
(4) establish an admissions process for the academy.
(e) The student-teacher ratio in all regular academic
classes at the academy may not exceed 30 students for each classroom
teacher, except that the student-teacher ratio may exceed that
limit:
(1) in a program provided for the purposes prescribed
by Subsection (b)(2) or another special enrichment course or in a
physical education course; or
(2) if the board determines that a class with a higher
student-teacher ratio would contribute to the educational
development of the students in the class.
(f) The academy shall provide the university-level
curriculum in a manner that is appropriate for the social,
psychological, emotional, and physical development of high school
juniors and seniors. The administrative and counseling personnel
of the academy shall provide continuous support to and supervision
of students.
(g) For each student enrolled in the academy, the academy is
entitled to allotments from the foundation school fund under
Chapter 42 as if the academy were a school district without a tier
one local share for purposes of Section 42.253. If in any academic
year the amount of the allotments under this subsection exceeds the
amount of state funds paid to the academy in the first fiscal year
of the academy's operation, the commissioner of education shall set
aside from the total amount of funds to which school districts are
entitled under Section 42.253(c) an amount equal to the excess
amount and shall distribute that amount to the academy. After
deducting the amount set aside and paid to the academy by the
commissioner of education under this subsection, the commissioner
of education shall reduce the amount to which each district is
entitled under Section 42.253(c) in the manner described by Section
42.253(h). A determination of the commissioner of education under
this subsection is final and may not be appealed.
(h) The board may use any available money, enter into
contracts, and accept grants, including matching grants, federal
grants, and grants from a corporation or other private contributor,
in establishing and operating the academy. Money spent by the
academy must further the purposes of the academy prescribed by
Subsection (b).
(i) The liability of the state under Chapters 101 and 104,
Civil Practice and Remedies Code, is limited for the academy and
employees assigned to the academy and acting on behalf of the
academy to the same extent that the liability of a school district
and an employee of the school district is limited under Sections
22.0511, 22.0512, and 22.052 of this code and Section 101.051,
Civil Practice and Remedies Code. An employee assigned to the
academy is entitled to representation by the attorney general in a
civil suit based on an action or omission of the employee in the
course of the employee's employment, limits on liability, and
indemnity under Chapters 104 and 108, Civil Practice and Remedies
Code.
(j) Except as otherwise provided by this section, the
academy is not subject to the provisions of this code, or to the
rules of the Texas Education Agency, regulating public schools.
(k) A student may not begin attending the academy before the
2007 fall semester. This subsection expires August 31, 2008.
SECTION 6. Subsection (a), Section 25.086, Education Code,
is amended to read as follows:
(a) A child is exempt from the requirements of compulsory
school attendance if the child:
(1) attends a private or parochial school that
includes in its course a study of good citizenship;
(2) is eligible to participate in a school district's
special education program under Section 29.003 and cannot be
appropriately served by the resident district;
(3) has a physical or mental condition of a temporary
and remediable nature that makes the child's attendance infeasible
and holds a certificate from a qualified physician specifying the
temporary condition, indicating the treatment prescribed to remedy
the temporary condition, and covering the anticipated period of the
child's absence from school for the purpose of receiving and
recuperating from that remedial treatment;
(4) is expelled in accordance with the requirements of
law in a school district that does not participate in a mandatory
juvenile justice alternative education program under Section
37.011;
(5) is at least 17 years of age and:
(A) is attending a course of instruction to
prepare for the high school equivalency examination, and:
(i) has the permission of the child's parent
or guardian to attend the course;
(ii) is required by court order to attend
the course;
(iii) has established a residence separate
and apart from the child's parent, guardian, or other person having
lawful control of the child; or
(iv) is homeless as defined by 42 U.S.C.
Section 11302; or
(B) has received a high school diploma or high
school equivalency certificate;
(6) is at least 16 years of age and is attending a
course of instruction to prepare for the high school equivalency
examination, if:
(A) the child is recommended to take the course
of instruction by a public agency that has supervision or custody of
the child under a court order; or
(B) the child is enrolled in a Job Corps training
program under [the Job Training Partnership Act (]29 U.S.C. Section
2881 [1501] et seq.[), and its subsequent amendments];
(7) is enrolled in the Texas Academy of Mathematics
and Science;
(8) is enrolled in the Texas Academy of Leadership in
the Humanities; [or]
(9) is enrolled in the Texas Academy of International
Studies; or
(10) is specifically exempted under another law.
SECTION 7. Section 28.024, Education Code, is amended to
read as follows:
Sec. 28.024. CREDIT FOR ENROLLMENT IN CERTAIN ACADEMIES. A
school district shall grant to a student credit toward the academic
course requirements for high school graduation, up to a maximum of
two years of credit, for courses the student successfully completes
at:
(1) the Texas Academy of Leadership in the Humanities
under Section 96.707 [Subchapter E, Chapter 108]; [or]
(2) the Texas Academy of Mathematics and Science under
Subchapter G [H], Chapter 105; or
(3) the Texas Academy of International Studies under
Section 87.505.
SECTION 8. (a) Subsection (c), Section 31.021, Education
Code, as added by this Act, applies to funding for textbooks
beginning with textbooks provided for the 2005-2006 school year and
the 2005 fall semester.
(b) The State Board of Education shall adopt rules under
Section 31.031, Education Code, as added by this Act, as soon as
practicable after this Act takes effect. For that purpose, the
State Board of Education may adopt the initial rules in the manner
provided by law for adoption of emergency rules.
(c) Subsection (g), Section 42.005, Education Code, as
added by this Act, applies beginning with the 2005-2006 school
year.
SECTION 9. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 151 passed the Senate on
April 28, 2005, by the following vote: Yeas 29, Nays 2; and that
the Senate concurred in House amendment on May 27, 2005, by the
following vote: Yeas 28, Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 151 passed the House, with
amendment, on May 25, 2005, by the following vote: Yeas 146,
Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor