By: Lucio S.B. No. 1452
A BILL TO BE ENTITLED
AN ACT
relating to the Texas Academy of Mathematics and Science at The
University of Texas at Brownsville.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 78, Education Code, is amended by adding
Section 78.10 to read as follows:
Sec. 78.10. TEXAS ACADEMY OF MATHEMATICS AND SCIENCE.
(a) In this section, "academy" means the Texas Academy of
Mathematics and Science at The University of Texas at Brownsville.
(b) The Texas Academy of Mathematics and Science is a
division of The University of Texas at Brownsville and is under the
management and control of the board. The academy serves the
following purposes:
(1) to provide academically gifted and highly
motivated junior and senior high school students with a challenging
university-level curriculum that:
(A) allows students to complete high school
graduation requirements, including requirements adopted under
Section 28.025 for the advanced high school program, while
attending for academic credit a public institution of higher
education;
(B) fosters students' knowledge of real-world
mathematics and science issues and applications and teaches
students to apply critical thinking and problem-solving skills to
those issues and problems;
(C) includes the study of English, foreign
languages, social studies, mathematics, science, and technology;
and
(D) offers students learning opportunities
related to mathematics and science through in-depth research and
field-based studies;
(2) to provide students with an awareness of
mathematics and science careers and professional development
opportunities through seminars, workshops, collaboration with
postsecondary and university students including opportunities for
summer studies, internships in foreign countries, and similar
methods; and
(3) to provide students with social development
activities that enrich the academic curriculum and student life,
including, as determined appropriate by the academy, University
Interscholastic League activities and other extracurricular
activities.
(c) The academy is a non-residential, coeducational
institution for selected Texas high school students with an
interest in and the potential to excel in mathematics and science
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
Brownsville 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 vice president for
academic affairs and the dean of the School 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 Science, Mathematics
and Technology 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 vice president for academic affairs;
(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;
(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; or
(3) if an academy class is combined with a university
class with more than 30 students.
(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 under 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, to limits on liability, and to
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.
SECTION 2. 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 under Subchapter G, Chapter 105;
(8) is enrolled in the Texas Academy of Leadership in
the Humanities; [or]
(9) is enrolled in the Texas Academy of Mathematics
and Science at The University of Texas at Brownsville; or
(10) is specifically exempted under another law.
SECTION 3. 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 Mathematics and Science under
Section 78.10.
SECTION 4. 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.