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A BILL TO BE ENTITLED
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AN ACT
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relating to the Texas Academy of Fine Arts, Culture, and Sciences at |
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Sul Ross State University. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 96, Education Code, is |
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amended by adding Section 96.03 to read as follows: |
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Sec. 96.03. TEXAS ACADEMY OF FINE ARTS, CULTURE, AND |
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SCIENCES. (a) In this section: |
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(1) "Academy" means the Texas Academy of Fine Arts, |
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Culture, and Sciences. |
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(2) "Board" means the board of regents of the Texas |
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State University System. |
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(3) "University" means Sul Ross State University. |
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(b) The Texas Academy of Fine Arts, Culture, and Sciences is |
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a division of Sul Ross State University and is under the management |
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and control of the board. The academy serves the following |
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purposes: |
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(1) to provide academically gifted and highly |
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motivated junior and senior high school students with a challenging |
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university-level curriculum that: |
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(A) allows students to complete high school |
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graduation requirements, including requirements adopted under |
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Section 28.025 for the advanced high school program, while |
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attending for academic credit a public institution of higher |
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education; |
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(B) fosters students' knowledge of the fine arts, |
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culture, and sciences and teaches students to apply critical |
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thinking and problem-solving skills to those subjects; |
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(C) is presented through an interdisciplinary |
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approach that introduces and develops appropriate intellectual |
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concepts throughout the curriculum; and |
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(D) offers students learning opportunities |
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related to the fine arts, culture, and sciences through in-depth |
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research and field-based studies; |
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(2) to provide students with an awareness of career |
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and professional development opportunities in the fine arts, |
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culture, and sciences through seminars, workshops, collaboration |
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with postsecondary students from other countries, summer academic |
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internships, and similar methods; and |
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(3) to provide students with social development |
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activities that enrich the academic curriculum and student life, |
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including, as determined appropriate by the academy, University |
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Interscholastic League activities and other extracurricular |
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activities generally offered by public high schools. |
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(c) The academy is a residential, coeducational institution |
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for selected Texas high school students with an interest and the |
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potential to excel in the fine arts, culture, and sciences. The |
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academy shall admit only high school juniors and seniors, except |
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that the academy may admit a student with exceptional abilities who |
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is not yet a high school junior. The board shall set aside adequate |
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space on the university campus to operate the academy and implement |
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the purposes of this section. The academy must operate on the same |
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fall and spring semester basis as the university. Full-time |
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students of the academy must enroll for both the fall and spring |
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semesters. Faculty members of the university shall teach all |
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academic classes at the academy. A student of the academy may be |
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permitted to attend a college course offered by the university and |
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receive college credit for that course. |
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(d) Except as otherwise provided by this subsection, the |
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university administration has the same powers and duties with |
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respect to the academy that the administration has with respect to |
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the university. The board shall consult with the university's |
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department of education and members of the administration as the |
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board considers necessary concerning the academy's administrative |
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design and support, personnel and student issues, and faculty |
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development. The board shall consult with appropriate deans and |
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other members of the administration as the board considers |
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necessary concerning the academy's curriculum development, program |
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design, and general faculty issues. The board, in consultation |
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with university administration, shall: |
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(1) establish an internal management system for the |
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academy and appoint an academy principal who serves at the will of |
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the board and reports to the university provost; |
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(2) provide for one or more academy counselors; |
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(3) establish for the academy a site-based |
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decision-making process similar to the process required by |
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Subchapter F, Chapter 11, that provides for the participation of |
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academy faculty, parents of academy students, and other members of |
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the community; and |
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(4) establish an admissions process for the academy. |
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(e) The student-teacher ratio in all regular academic |
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classes at the academy may not exceed 30 students for each classroom |
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teacher, except that the student-teacher ratio may exceed that |
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limit: |
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(1) in a program provided for the purposes prescribed |
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by Subsection (b)(2) or another special enrichment course or in a |
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physical education course; or |
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(2) if the board determines that a class with a higher |
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student-teacher ratio would contribute to the educational |
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development of the students in the class. |
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(f) The academy shall provide the university-level |
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curriculum in a manner that is appropriate for the social, |
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psychological, emotional, and physical development of high school |
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juniors and seniors. The administrative and counseling personnel |
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of the academy shall provide continuous support to and supervision |
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of students. |
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(g) For each student enrolled in the academy, the academy is |
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entitled to allotments from the foundation school fund under |
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Chapter 42 as if the academy were a school district without a tier |
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one local share for purposes of Section 42.253. If in any academic |
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year the amount of the allotments under this subsection exceeds the |
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amount of state funds paid to the academy in the first fiscal year |
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of the academy's operation, the commissioner of education shall set |
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aside from the total amount of funds to which school districts are |
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entitled under Section 42.253(c) an amount equal to the excess |
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amount and shall distribute that amount to the academy. After |
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deducting the amount set aside and paid to the academy by the |
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commissioner of education under this subsection, the commissioner |
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of education shall reduce the amount to which each district is |
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entitled under Section 42.253(c) in the manner described by Section |
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42.253(h). A determination of the commissioner of education under |
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this subsection is final and may not be appealed. |
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(h) The board may use any available money, enter into |
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contracts, and accept grants, including matching grants, federal |
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grants, and grants from a corporation or other private contributor, |
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in establishing and operating the academy. Money spent by the |
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academy must further the purposes of the academy prescribed by |
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Subsection (b). |
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(i) The liability of the state under Chapters 101 and 104, |
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Civil Practice and Remedies Code, is limited for the academy and |
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employees assigned to the academy and acting on behalf of the |
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academy to the same extent that the liability of a school district |
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and an employee of the school district is limited under Sections |
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22.0511, 22.0512, and 22.052 of this code and Section 101.051, |
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Civil Practice and Remedies Code. An employee assigned to the |
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academy is entitled to representation by the attorney general in a |
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civil suit based on an action or omission of the employee in the |
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course of the employee's employment, limits on liability, and |
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indemnity under Chapters 104 and 108, Civil Practice and Remedies |
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Code. |
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(j) Except as otherwise provided by this section, the |
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academy is not subject to the provisions of this code, or to the |
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rules of the Texas Education Agency, regulating public schools. |
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SECTION 2. Section 25.086(a), Education Code, is amended to |
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read as follows: |
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(a) A child is exempt from the requirements of compulsory |
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school attendance if the child: |
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(1) attends a private or parochial school that |
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includes in its course a study of good citizenship; |
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(2) is eligible to participate in a school district's |
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special education program under Section 29.003 and cannot be |
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appropriately served by the resident district; |
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(3) has a physical or mental condition of a temporary |
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and remediable nature that makes the child's attendance infeasible |
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and holds a certificate from a qualified physician specifying the |
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temporary condition, indicating the treatment prescribed to remedy |
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the temporary condition, and covering the anticipated period of the |
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child's absence from school for the purpose of receiving and |
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recuperating from that remedial treatment; |
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(4) is expelled in accordance with the requirements of |
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law in a school district that does not participate in a mandatory |
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juvenile justice alternative education program under Section |
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37.011; |
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(5) is at least 17 years of age and: |
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(A) is attending a course of instruction to |
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prepare for the high school equivalency examination, and: |
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(i) has the permission of the child's parent |
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or guardian to attend the course; |
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(ii) is required by court order to attend |
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the course; |
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(iii) has established a residence separate |
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and apart from the child's parent, guardian, or other person having |
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lawful control of the child; or |
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(iv) is homeless as defined by 42 U.S.C. |
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Section 11302; or |
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(B) has received a high school diploma or high |
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school equivalency certificate; |
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(6) is at least 16 years of age and is attending a |
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course of instruction to prepare for the high school equivalency |
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examination, if: |
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(A) the child is recommended to take the course |
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of instruction by a public agency that has supervision or custody of |
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the child under a court order; or |
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(B) the child is enrolled in a Job Corps training |
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program under the Workforce Investment Act of 1998 (29 U.S.C. |
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Section 2801 et seq.); |
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(7) is at least 16 years of age and is enrolled in a |
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high school diploma program under Chapter 18; |
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(8) is enrolled in the Texas Academy of Mathematics |
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and Science under Subchapter G, Chapter 105; |
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(9) is enrolled in the Texas Academy of Leadership in |
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the Humanities; |
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(10) is enrolled in the Texas Academy of Mathematics |
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and Science at The University of Texas at Brownsville; |
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(11) is enrolled in the Texas Academy of International |
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Studies; [or] |
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(12) is enrolled in the Texas Academy of Fine Arts, |
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Culture, and Sciences at Sul Ross State University; or |
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(13) is specifically exempted under another law. |
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SECTION 3. Section 28.024, Education Code, is amended to |
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read as follows: |
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Sec. 28.024. CREDIT FOR ENROLLMENT IN CERTAIN ACADEMIES. A |
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school district shall grant to a student credit toward the academic |
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course requirements for high school graduation, up to a maximum of |
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two years of credit, for courses the student successfully completes |
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at: |
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(1) the Texas Academy of Leadership in the Humanities |
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under Section 96.707; |
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(2) the Texas Academy of Mathematics and Science under |
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Subchapter G, Chapter 105; |
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(3) the Texas Academy of Mathematics and Science under |
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Section 78.10; [or] |
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(4) the Texas Academy of International Studies under |
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Section 87.505; or |
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(5) the Texas Academy of Fine Arts, Culture, and |
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Sciences under Section 96.03. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |