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A BILL TO BE ENTITLED
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AN ACT
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relating to state sovereignty over curriculum standards, |
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assessments, and student information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 28.002, Education Code, is amended by |
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amending Subsection (c) and adding Subsections (c-2) and (c-3) to |
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read as follows: |
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(c) The State Board of Education, with the direct |
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participation of educators, parents, business and industry |
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representatives, and employers shall by rule identify the essential |
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knowledge and skills of each subject of the required curriculum |
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that all students should be able to demonstrate and that will be |
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used in evaluating textbooks under Chapter 31 and addressed on the |
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assessment instruments required under Subchapter B, Chapter 39. As |
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a condition of accreditation, the board shall require each district |
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to provide instruction in the essential knowledge and skills at |
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appropriate grade levels. A district may not meet this requirement |
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through the use of national curriculum standards. |
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(c-2) The State Board of Education may not adopt national |
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curriculum standards to comply with its duties under Chapter 28. |
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For purposes of this section and any other section of this code, |
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national curriculum standards include any curriculum standards |
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endorsed, approved, sanctioned, or promoted by the United States |
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Department of Education, the National Governors Association, or the |
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Council of Chief State School Officers. |
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(c-3) Notwithstanding any other provision of this code, no |
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school district or open-enrollment charter school may be required |
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to offer any aspect of a national curriculum. |
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SECTION 2. Section 39.023, Education Code, is amended by |
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adding Subsection (a-2) to read as follows: |
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(a-2) The agency may not adopt or develop a |
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criterion-referenced assessment instrument based on national |
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curriculum standards. |
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SECTION 3. Section 42.006, Education Code, is amended by |
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adding Subsections (e) and (f) to read as follows: |
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(e) Data collected under this section may not be provided to |
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support or inform a national database of student information. |
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(f) No entity other than the agency or its contractors may |
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use individual student data collected under this section for any |
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purpose without the prior written consent of the student's parent, |
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guardian, or person standing in parental relation for that |
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student's data to be used for that purpose. |
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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, 2011. |