82R9694 VOO-F

By: Villarreal H.B. No. 3504

A BILL TO BE ENTITLED

AN ACT

relating to transferring primary authority for the adoption of the public school curriculum and textbooks from the State Board of Education to the commissioner of education.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 21.4511(b), Education Code, is amended to read as follows:

(b) The training under this section shall include training relating to implementing curriculum and instruction that is aligned with the foundation curriculum described by Section 28.002(a)(1) and standards and expectations for college readiness, as determined by commissioner [State Board of Education] rule under Section 28.008(d).

SECTION 2. Section 28.001, Education Code, is amended to read as follows:

Sec. 28.001. PURPOSE. It is the intent of the legislature that the essential knowledge and skills, as developed by a curriculum and textbook review team under Section 28.0024 and proposed for adoption by the commissioner to the State Board of Education under this subchapter, shall require all students to demonstrate the knowledge and skills necessary to read, write, compute, problem solve, think critically, apply technology, and communicate across all subject areas. The essential knowledge and skills shall also prepare and enable all students to continue to learn in postsecondary educational, training, or employment settings.

SECTION 3. Subchapter A, Chapter 28, Education Code, is amended by adding Section 28.0011 to read as follows:

Sec. 28.0011. APPROVAL OF COMMISSIONER RULES. The commissioner must submit a written copy of each rule the commissioner proposes to adopt under this chapter to the State Board of Education for review. The State Board of Education may reject a proposed rule by a vote of at least two-thirds of the members of the board present and voting. If the State Board of Education fails to reject a proposed rule before the 90th day after the date on which it receives the proposed rule, the proposed rule takes effect as a rule of the commissioner as provided by Chapter 2001, Government Code. The State Board of Education may not modify a rule proposed by the commissioner under this chapter.

SECTION 4. Sections 28.002(b), (c), (f), (g), (h), (i), (j), (k), (l-1), (l-3), (n), (p), and (r), Education Code, are amended to read as follows:

(b) The commissioner [State Board of Education by rule] shall propose rules to designate subjects constituting a well-balanced curriculum to be offered by a school district that does not offer kindergarten through grade 12.

(c) The commissioner [State Board of Education], with public participation, including the direct participation of educators, parents, subject matter experts [business and industry representatives], and employers, in accordance with Sections 28.0024 and 28.0025, shall propose rules to [by rule] identify the essential knowledge and skills of each subject of the required curriculum that all students should be able to demonstrate and that will be used in evaluating textbooks under Chapter 31 and addressed on the assessment instruments required under Subchapter B, Chapter 39. As a condition of accreditation, the commissioner [board] shall require each district to provide instruction in the essential knowledge and skills at appropriate grade levels.

(f) A school district may offer courses for local credit in addition to those in the required curriculum. The commissioner [State Board of Education] shall be flexible in approving a course for credit for high school graduation under this subsection.

(g) A local instructional plan may draw on state curriculum frameworks and program standards as appropriate. Each district is encouraged to exceed minimum requirements of law and commissioner [State Board of Education] rule. Each district shall ensure that all children in the district participate actively in a balanced curriculum designed to meet individual needs.

(h) The commissioner, the State Board of Education, and each school district shall foster the continuation of the tradition of teaching United States and Texas history and the free enterprise system in regular subject matter and in reading courses and in the adoption of textbooks. A primary purpose of the public school curriculum is to prepare thoughtful, active citizens who understand the importance of patriotism and can function productively in a free enterprise society with appreciation for the basic democratic values of our state and national heritage.

(i) The commissioner [State Board of Education] shall propose [adopt] rules for the implementation of this subchapter. Except as provided by Subsection (j), the commissioner [board] may not propose [adopt] rules that designate the methodology used by a teacher or the time spent by a teacher or a student on a particular task or subject.

(j) The commissioner [State Board of Education by rule] may propose rules to require laboratory instruction in secondary science courses and may require a specific amount or percentage of time in a secondary science course that must be laboratory instruction.

(k) The commissioner [State Board of Education], in consultation with the Department of State Health Services and the Texas Diabetes Council, shall develop a diabetes education program that a school district may use in the health curriculum under Subsection (a)(2)(B).

(l-1) In [adopting] rules relating to an activity described by Subsection (l)(2), the commissioner may permit an exemption for a student who participates in a school-related activity or an activity sponsored by a private league or club only if the student provides proof of participation in the activity.

(l-3)(1) This subsection may be cited as "Lauren's Law."

(2) The commissioner [State Board of Education], the Department of State Health Services, or a school district may not propose adoption of or adopt any rule, policy, or program under Subsection [Subsections] (a), (k), (l), (l-1), or (l-2) that would prohibit a parent or grandparent of a student from providing any food product of the parent's or grandparent's choice to:

(A) children in the classroom of the child of the parent or grandparent on the occasion of the child's birthday; or

(B) children at a school-designated function.

(n) The commissioner [State Board of Education] may propose rules to [by rule] develop and implement a plan designed to incorporate foundation curriculum requirements into the career and technology education curriculum under Subsection (a)(2)(F).

(p) The commissioner [State Board of Education], in conjunction with the office of the attorney general, shall develop a parenting and paternity awareness program that a school district shall use in the district's high school health curriculum. A school district may use the program developed under this subsection in the district's middle or junior high school curriculum. At the discretion of the district, a teacher may modify the suggested sequence and pace of the program at any grade level. The program must:

(1) address parenting skills and responsibilities, including child support and other legal rights and responsibilities that come with parenthood;

(2) address relationship skills, including money management, communication skills, and marriage preparation; and

(3) in district middle, junior high, or high schools that do not have a family violence prevention program, address skills relating to the prevention of family violence.

(r) In identifying [adopting] the essential knowledge and skills for the health curriculum under Subsection (a)(2)(B), the commissioner, in accordance with Sections 28.0024 and 28.0025, [State Board of Education] shall propose adoption of [adopt] essential knowledge and skills that address the dangers, causes, consequences, signs, symptoms, and treatment of binge drinking and alcohol poisoning. The agency shall compile a list of evidence-based alcohol awareness programs from which a school district shall choose a program to use in the district's middle school, junior high school, and high school health curriculum. In this subsection, "evidence-based alcohol awareness program" means a program, practice, or strategy that has been proven to effectively prevent or delay alcohol use among students, as determined by evaluations that use valid and reliable measures and that are published in peer-reviewed journals.

SECTION 5. Section 28.002(d), Education Code, as added by Chapter 773 (S.B. 891), Acts of the 81st Legislature, Regular Session, 2009, is amended to read as follows:

(d) The physical education curriculum required under Subsection (a)(2)(C) must be sequential, developmentally appropriate, and designed, implemented, and evaluated to enable students to develop the motor, self-management, and other skills, knowledge, attitudes, and confidence necessary to participate in physical activity throughout life. Each school district shall establish specific objectives and goals the district intends to accomplish through the physical education curriculum. In identifying the essential knowledge and skills of physical education, the commissioner [State Board of Education] shall ensure that the curriculum:

(1) emphasizes the knowledge and skills capable of being used during a lifetime of regular physical activity;

(2) is consistent with national physical education standards for:

(A) the information that students should learn about physical activity; and

(B) the physical activities that students should be able to perform;

(3) requires that, on a weekly basis, at least 50 percent of the physical education class be used for actual student physical activity and that the activity be, to the extent practicable, at a moderate or vigorous level;

(4) offers students an opportunity to choose among many types of physical activity in which to participate;

(5) offers students both cooperative and competitive games;

(6) meets the needs of students of all physical ability levels, including students who have a disability, chronic health problem, or other special need that precludes the student from participating in regular physical education instruction but who might be able to participate in physical education that is suitably adapted and, if applicable, included in the student's individualized education program;

(7) takes into account the effect that gender and cultural differences might have on the degree of student interest in physical activity or on the types of physical activity in which a student is interested;

(8) teaches self-management and movement skills;

(9) teaches cooperation, fair play, and responsible participation in physical activity;

(10) promotes student participation in physical activity outside of school; and

(11) allows physical education classes to be an enjoyable experience for students.

SECTION 6. Section 28.002(d), Education Code, as added by Chapter 895 (H.B. 3), Acts of the 81st Legislature, Regular Session, 2009, is redesignated as Section 28.002(c-2), Education Code, and amended to read as follows:

(c-2) [(d)] Each time the Texas Higher Education Coordinating Board revises the Internet database of the coordinating board's official statewide inventory of workforce education courses, the commissioner shall propose rules to [State Board of Education shall by rule] revise the essential knowledge and skills of any corresponding career and technology education curriculum as provided by Subsection (c).

SECTION 7. Sections 28.0023(b) and (c), Education Code, are amended to read as follows:

(b) The commissioner, in accordance with Sections 28.0024 and 28.0025, [State Board of Education by rule] shall propose rules to include elements relating to instruction in cardiopulmonary resuscitation and the use of an automated external defibrillator as part of the essential knowledge and skills of the health curriculum under Section 28.002(a)(2)(B).

(c) This subsection applies only to a private school that receives an automated external defibrillator from the agency or receives funding from the agency to purchase or lease an automated external defibrillator. A private school shall provide instruction to students in cardiopulmonary resuscitation and the use of an automated external defibrillator in a manner consistent with the requirements of this section and commissioner [State Board of Education] rules [adopted] under this section.

SECTION 8. Subchapter A, Chapter 28, Education Code, is amended by adding Sections 28.0024 and 28.0025 to read as follows:

Sec. 28.0024. CURRICULUM AND TEXTBOOK REVIEW TEAM. (a) For each subject undergoing a review for the purpose of identifying the essential knowledge and skills of a subject of the required curriculum under Section 28.002 or for the adoption of textbooks under Subchapter B, Chapter 31, the commissioner shall appoint a curriculum and textbook review team.

(b) The commissioner shall make appointments to a curriculum and textbook review team from among educators representing each regional education service center region, parents of public school students, and employers. Each educator appointed to a team must have at least five years of classroom teaching experience and a bachelor's degree or a more advanced degree in the subject under review.

(c) Each regional education service center region must be represented by at least two educator members on a curriculum and textbook review team.

(d) For each curriculum and textbook review team, the superintendent of each school district may nominate not more than three educators qualified under Subsection (b) to be considered for placement on the team. Each nomination must be submitted together with a document of not more than one page detailing the educator's experience, including specific experience with the subject under review by the team. A nomination made under this subsection must be submitted to the regional education service center that represents the district from which the educator is nominated.

(e) For each curriculum and textbook review team, a statewide organization representing public school employees may nominate not more than three educators qualified under Subsection (b) to be considered for placement on the team. Each nomination must be submitted together with a document of not more than one page detailing the educator's experience, including specific experience with the subject area under review by the team. A nomination made under this subsection must be submitted to the regional education service center that represents the region in which the educator resides.

(f) The agency shall develop and post on the agency's Internet website a blind scoring system for ranking nominations made under Subsections (d) and (e) by level of expertise in the subject under review by the curriculum and textbook team. Using the posted ranking system, each regional education service center shall rank the nominations made under Subsections (d) and (e) and submit to the commissioner the 10 highest-ranked nominations based on that ranking system.

(g) The commissioner, based on the system developed under Subsection (f), shall make the educator appointments to each curriculum and textbook review team from among nominations submitted by each regional education service center under this section and shall select at least two members from each service center region.

(h) In selecting educator appointees for a curriculum and textbook review team, the commissioner shall attempt to achieve a balanced combination of educational perspectives in order to promote better alignment between curriculum and assessment and among all aspects of the public educational system. The commissioner shall attempt to include educators from:

(1) all grade levels, including educators working in gifted and talented, special education, and advanced placement and International Baccalaureate programs and programs for students of limited English proficiency;

(2) urban and rural school districts; and

(3) high-, middle-, and low-wealth level districts.

(i) Each curriculum and textbook review team shall, on the same review cycle as that established for review of the essential knowledge and skills or textbooks, as applicable, conduct reviews and make recommendations to the commissioner as to the identification of essential knowledge and skills or the adoption of textbooks for the subject under review. In making recommendations under this subsection, the curriculum and textbook review team shall consider the recommendations of the appropriate higher education curriculum review team appointed under Section 28.0025.

(j) The commissioner shall make decisions concerning the identification of essential knowledge and skills and adoption of textbooks, to the greatest extent practicable, on recommendations from the curriculum and textbook review team appointed for the subject under review. If the commissioner proposes for review identification of essential knowledge and skills or adoption of textbooks that differ from the recommendations of the team, the commissioner shall provide the team with a side-by-side comparison of the team's recommendations and the commissioner's proposals. The side-by-side comparison must include a statement justifying the commissioner's decision for each deviation by the commissioner from the recommendation of the team. After allowing the team adequate time to comment and before submitting the proposal to the State Board of Education for review, the commissioner shall make the side-by-side comparison and any comments made by the team available to the public. The commissioner shall then submit to the State Board of Education for review the commissioner's proposed rules identifying the essential knowledge and skills for the subject under review as provided by Section 28.0011 or the commissioner's proposed textbooks for adoption as provided under Section 31.003(b).

(k) The same members appointed to a curriculum and textbook review team to review essential knowledge and skills for a subject may, as determined by the commissioner, also be appointed to review textbooks for adoption for that subject.

Sec. 28.0025. HIGHER EDUCATION CURRICULUM REVIEW TEAMS. (a) For each subject undergoing a review for the purpose of identification of the essential knowledge and skills of a subject of the required curriculum under Section 28.002, the commissioner of higher education shall appoint a higher education curriculum review team.

(b) Each higher education curriculum review team shall consist of not fewer than 5 and not more than 10 faculty members of institutions of higher education and private or independent institutions of higher education, as those terms are defined by Section 61.003. Each member appointed to a team must have:

(1) at least five years of higher education teaching experience in the subject under review and a terminal degree in that subject; or

(2) at least five years of higher education teaching experience in the field of education and a doctoral degree in education.

(c) For each higher education curriculum review team, a public institution of higher education may nominate one faculty member qualified under Subsection (b) to be considered for placement on the team. A nomination made under this subsection must be submitted to the commissioner of higher education together with a document of not more than one page detailing the faculty member's experience, including specific experience with the subject under review by the team.

(d) The Texas Higher Education Coordinating Board shall develop and post on the board's Internet website a blind scoring system for ranking nominations made under Subsection (c) by level of expertise in the subject under review by the higher education curriculum review team.

(e) The commissioner of higher education, based on the system developed under Subsection (d), shall make the appointments to each higher education curriculum review team from among persons nominated by institutions of higher education under this section.

(f) Notwithstanding Subsections (c) and (e), if the subject under review by the higher education curriculum review team is career and technical education:

(1) at least one member of the team must be selected from the Texas State Technical College System; and

(2) at least one member of the team must be selected from Lamar Institute of Technology.

(g) In selecting appointees for a higher education curriculum review team, the commissioner of higher education shall attempt to achieve a balanced combination of educational perspectives.

(h) Each higher education curriculum review team shall, on the same review cycle as that established for review of the essential knowledge and skills, conduct reviews and make recommendations to the commissioner of education and the appropriate curriculum and textbook review team established under Section 28.0024 concerning the essential knowledge and skills for the subject under review.

SECTION 9. Sections 28.0051(b) and (c), Education Code, are amended to read as follows:

(b) The commissioner shall propose rules to establish [by rule shall adopt]:

(1) minimum requirements for a dual language immersion program implemented by a school district;

(2) standards for evaluating:

(A) the success of a dual language immersion program; and

(B) the performance of schools that implement a dual language immersion program; and

(3) standards for recognizing:

(A) schools that offer an exceptional dual language immersion program; and

(B) students who successfully complete a dual language immersion program.

(c) A school district may implement a dual language immersion program in a manner and at elementary grade levels consistent with [rules adopted by the] commissioner rules under this section.

SECTION 10. Sections 28.008(d), (d-1), (e), and (f), Education Code, are amended to read as follows:

(d) The commissioner [State Board of Education] shall incorporate college readiness standards and expectations approved by the commissioner of education and the Texas Higher Education Coordinating Board under Subsection (b) into the essential knowledge and skills identified by the commissioner [board] under Section 28.002(c).

(d-1) Beginning with the 2008-2009 school year, the commissioner [State Board of Education] shall incorporate college readiness standards and expectations into the essential knowledge and skills of the foundation curriculum under Section 28.002(a)(1) for courses in which students in grades nine through 12 generally enroll, as determined by commissioner [board] rule. This subsection expires December 1, 2012.

(e) Notwithstanding any other provision of this section, the commissioner [State Board of Education] retains the [its] authority under Section 28.002 concerning the required curriculum.

(f) Not later than September 1, 2011, the vertical teams shall complete the development of or establish minimum standards for the curricula and related materials under Subsection (b)(5). The vertical teams shall develop or establish minimum standards for the English language arts curricula and materials first, followed by mathematics, science, and social studies, respectively. [The vertical teams shall complete the development of or establish minimum standards for the English language arts curricula and materials for approval by the State Board of Education not later than June 1, 2009. The English language arts curricula and online materials must be made available to high school students beginning with the 2009 fall semester, with the mathematics, science, and social studies curricula and online materials respectively becoming available each subsequent fall semester.] This subsection expires December 1, 2012.

SECTION 11. Section 28.009(d)(2), Education Code, is amended to read as follows:

(2) "Sequence of courses" means career and technical education courses approved by the commissioner [State Board of Education], innovative courses approved by the commissioner [State Board of Education] that are provided for local credit, or a tech-prep program of study under Section 61.852.

SECTION 12. Section 28.011(e), Education Code, is amended to read as follows:

(e) Before proposing [adopting] rules identifying the essential knowledge and skills of a course offered under this section, the commissioner [State Board of Education] shall submit the proposed essential knowledge and skills to the attorney general. The attorney general shall review the proposed essential knowledge and skills to ensure that the course complies with the First Amendment to the United States Constitution, and the commissioner [board] may not propose [adopt] rules identifying the essential knowledge and skills of a course offered under this section without the attorney general's approval under this subsection.

SECTION 13. Sections 28.013(a) and (b), Education Code, are amended to read as follows:

(a) The commissioner [State Board of Education] shall assist in developing a nature science curriculum, in accordance with this section, the following entities, acting jointly:

(1) the Outdoor School at Texas Tech University Center at Junction;

(2) the Texas Science, Technology, Engineering, and Math (T-STEM) Center of Texas Tech University; and

(3) South Llano River State Park.

(b) The nature science curriculum must:

(1) be designed for instruction of students in grades six through 12;

(2) provide for grade-level appropriate instruction in essential knowledge and skills identified by the commissioner [State Board of Education] under Section 28.002 for:

(A) science; and

(B) mathematics, social studies, and language arts, to the extent practicable and relevant to nature science studies;

(3) through participation in outdoor experiential learning projects in state parks, provide for the scientific study by students of:

(A) conservation, wildlife or aquatic biology, range ecology, or other areas of nature science; and

(B) problems affecting nature, such as threats to the watershed, and possible solutions to those problems; and

(4) be designed to:

(A) be capable of implementation in any state park;

(B) use state park resources in providing instruction; and

(C) be presented by classroom teachers and state park employees.

SECTION 14. Sections 28.014(a), (c), (e), and (f), Education Code, are amended to read as follows:

(a) The [commissioner of education and the] commissioner of higher education shall assist the commissioner of education in the development of the essential knowledge and skills to be adopted [develop and recommend to the State Board of Education for adoption] under Section 28.002 for [the essential knowledge and skills of] courses in college preparatory mathematics, science, social studies, and English language arts. The courses must be designed:

(1) for students at the 12th grade level who do not meet college readiness standards on an end-of-course assessment instrument required under Section 39.023(c); and

(2) to prepare students for success in entry-level college courses.

(c) The agency, in consultation with the Texas Higher Education Coordinating Board, shall adopt an end-of-course assessment instrument for each course developed under this section to ensure the rigor of the course. A school district shall, in accordance with commissioner [State Board of Education] rules, administer the end-of-course assessment instrument to a student enrolled in a course developed under this section. Each school district shall adopt a policy that requires a student's performance on the end-of-course assessment instrument to account for 15 percent of the student's final grade for the course. A student's performance on an end-of-course assessment instrument administered under this subsection may be used, on a scale of 0-40, in calculating whether the student satisfies the graduation requirements established under Section 39.025.

(e) The commissioner, with the approval of the State Board of Education, shall adopt instructional materials for a course developed under this section in accordance with Chapter 31. The instructional materials must include technology resources that enhance the effectiveness of the course and draw on established best practices.

(f) To the extent applicable, the commissioner shall draw from curricula and instructional materials developed under Sections 28.008 and 61.0763 in developing a course and related instructional materials under this section. [Not later than September 1, 2010, the State Board of Education shall adopt essential knowledge and skills for each course developed under this section.] The commissioner [State Board of Education] shall make each course developed under this section and the related instructional materials available to school districts not later than the 2014-2015 school year. As required by Subsection (c), a school district shall adopt a policy requiring a student's performance on an end-of-course assessment instrument administered under that subsection to account for 15 percent of the student's grade for a course developed under this section not later than the 2014-2015 school year. This subsection expires September 1, 2015.

SECTION 15. Section 28.023, Education Code, is amended to read as follows:

Sec. 28.023. CREDIT BY EXAMINATION. (a) Using guidelines established by commissioner rule [the State Board of Education], a school district shall develop or select for commissioner [board] review examinations for acceleration for each primary school grade level and for credit for secondary school academic subjects. The guidelines must provide for the examinations to thoroughly test comprehension of the information presented in the applicable grade level or subject. The commissioner [board] shall approve examinations that satisfy commissioner [board] guidelines.

(b) A school district shall give a student in a primary grade level credit for a grade level and advance the student one grade level on the basis of a commissioner-approved [board-approved] examination for acceleration if:

(1) the student scores in the 90th percentile or above on each section of the examination;

(2) a district representative recommends that the student be advanced; and

(3) the student's parent or guardian gives written approval of the advancement.

(c) A school district shall give a student in grade level six or above credit for a subject on the basis of a commissioner-approved [board-approved] examination for credit in the subject if the student scores in the 90th percentile or above on the examination. If a student is given credit in a subject on the basis of an examination, the district shall enter the examination score on the student's transcript.

(d) Each district shall administer each examination not less than once a year, at times to be determined by the commissioner [State Board of Education].

SECTION 16. Sections 28.025(a), (b), (b-1), (b-2), (c), (d), and (e), Education Code, are amended to read as follows:

(a) The commissioner [State Board of Education by rule] shall propose rules to identify [determine] curriculum requirements for the minimum, recommended, and advanced high school programs that are consistent with the required curriculum under Section 28.002. [Subject to Subsection (b-1), the State Board of Education shall designate the specific courses in the foundation curriculum required for a student participating in the minimum, recommended, or advanced high school program. Except as provided by Subsection (b-1), the State Board of Education may not designate a specific course or a specific number of credits in the enrichment curriculum as requirements for the recommended program.]

(b) A school district shall ensure that each student enrolls in the courses necessary to complete the curriculum requirements identified by the commissioner [State Board of Education] under Subsection (a) for the recommended or advanced high school program unless the student, the student's parent or other person standing in parental relation to the student, and a school counselor or school administrator agree in writing signed by each party that the student should be permitted to take courses under the minimum high school program [and the student:

[(1) is at least 16 years of age;

[(2) has completed two credits required for graduation in each subject of the foundation curriculum under Section 28.002(a)(1); or

[(3) has failed to be promoted to the tenth grade one or more times as determined by the school district].

(b-1) The commissioner [State Board of Education by rule] shall propose rules to require that:

(1) except as provided by Subsection (b-2), the curriculum requirements for the recommended and advanced high school programs under Subsection (a) include a requirement that students successfully complete[:

[(A)] four courses [credits] in each subject of the foundation curriculum under Section 28.002(a)(1)[, including at least one-half credit in government and at least one-half credit in economics to meet the social studies requirement;

[(B) for the recommended high school program, two credits in the same language in a language other than English under Section 28.002(a)(2)(A) and, for the advanced high school program, three credits in the same language in a language other than English under Section 28.002(a)(2)(A)]; and

[(C) for the recommended high school program, six elective credits and, for the advanced high school program, five elective credits;]

(2) one or more courses [credits] offered in the required curriculum for the recommended and advanced high school programs include a research writing component[; and

[(3) the curriculum requirements for the minimum, recommended, and advanced high school programs under Subsection (a) include a requirement that students successfully complete:

[(A) one credit in fine arts under Section 28.002(a)(2)(D); and

[(B) one credit in physical education under Section 28.002(a)(2)(C)].

(b-2) In proposing [adopting] rules under Subsection (b-1), the commissioner [State Board of Education] shall allow a student to comply with the curriculum requirements for a mathematics course under Subsection (b-1)(1) taken after the successful completion of an Algebra II course or science course under Subsection (b-1)(1) taken after the successful completion of a physics course by successfully completing an advanced career and technical course designated by the commissioner [State Board of Education] as containing substantively similar and rigorous academic content. A student may use the option provided by this subsection for not more than two courses.

(c) A person may receive a diploma if the person is eligible for a diploma under Section 28.0251. In other cases, a student may graduate and receive a diploma only if:

(1) the student successfully completes the curriculum requirements identified by the commissioner [State Board of Education] under Subsection (a) and complies with Section 39.025; or

(2) the student successfully completes an individualized education program developed under Section 29.005.

(d) A school district may issue a certificate of coursework completion to a student who successfully completes the curriculum requirements identified by the commissioner [State Board of Education] under Subsection (a) but who fails to comply with Section 39.025. A school district may allow a student who receives a certificate to participate in a graduation ceremony with students receiving high school diplomas.

(e) Each school district shall report the academic achievement record of students who have completed a minimum, recommended, or advanced high school program on transcript forms adopted by commissioner rule [the State Board of Education]. The transcript forms adopted by the commissioner [board] must be designed to clearly differentiate between each of the high school programs and identify whether a student received a diploma or a certificate of coursework completion.

SECTION 17. Section 28.051(2), Education Code, is amended to read as follows:

(2) "College advanced placement course" means a commissioner-approved [board-approved] high-school-level preparatory course for a college advanced placement test that incorporates all topics specified by the college board on its standard syllabus for a given subject area.

SECTION 18. Section 28.054, Education Code, is amended to read as follows:

Sec. 28.054. SUBSIDIES FOR COLLEGE ADVANCED PLACEMENT TEST OR INTERNATIONAL BACCALAUREATE EXAMINATION. (a) A student is entitled to a subsidy for a fee paid by the student to take a college advanced placement test or an international baccalaureate examination if the student demonstrates financial need. The commissioner, in consultation with the Texas Higher Education Coordinating Board, [board] shall adopt guidelines for determining financial need consistent with the definition of financial need adopted by the college board or the International Baccalaureate Organization.

(b) To obtain a subsidy under this section, a student must:

(1) pay the fee for each test or examination for which the student seeks a subsidy; and

(2) submit to the commissioner [board] through the student's guidance counselor a written application on a form prescribed by the commissioner demonstrating financial need and the amount of the fee paid by the student for each test or examination.

(c) On approval by the commissioner [board], the agency may pay each eligible applicant an equal amount, not to exceed $25 for each applicant.

SECTION 19. Section 28.055(b), Education Code, is amended to read as follows:

(b) To obtain an award under the program, a school must submit to the commissioner [board] a written application in a form, manner, and time prescribed by the commissioner.

SECTION 20. Section 28.056, Education Code, is amended to read as follows:

Sec. 28.056. APPLICATION FOR TEACHER AWARDS AND REIMBURSEMENTS. To obtain an award or reimbursement for training expenses under the program, a teacher must submit to the commissioner [board] a written application in a form, manner, and time prescribed by the commissioner.

SECTION 21. Section 30A.102(b), Education Code, is amended to read as follows:

(b) To ensure that a full range of electronic courses, including advanced placement courses, are offered to students in this state, the administering authority:

(1) shall create a list of those subjects and courses designated by the commissioner [board] under Subchapter A, Chapter 28, for which the commissioner [board] has identified essential knowledge and skills or for which the commissioner [board] has designated content requirements under Subchapter A, Chapter 28;

(2) shall enter into agreements with school districts, open-enrollment charter schools, and public or private institutions of higher education for the purpose of offering the courses through the state virtual school network; and

(3) may develop or authorize the development of additional electronic courses that:

(A) are needed to complete high school graduation requirements; and

(B) are not otherwise available through the state virtual school network.

SECTION 22. Section 31.003, Education Code, is amended to read as follows:

Sec. 31.003. RULES. (a) The commissioner may propose to the State Board of Education as provided by Subsection (b) [may adopt] rules, consistent with this chapter, for the adoption of textbooks under Subchapter B. The State Board of Education may adopt rules consistent with this chapter regarding textbooks for purposes of Subchapters B-1, C, D, and E [, requisition, distribution, care, use, and disposal of textbooks].

(b) The commissioner must submit a written copy of each of the commissioner's proposed rules for the adoption of textbooks under Subchapter B, other than as provided under Section 31.0231, to the State Board of Education for review. The State Board of Education may reject a proposed rule by a vote of at least two-thirds of the members of the board present and voting. If the State Board of Education fails to reject a proposed rule before the 75th day after the date on which it receives the proposed rule, the proposed rule takes effect as a rule of the commissioner as provided by Chapter 2001, Government Code. The State Board of Education may not modify a rule proposed by the commissioner under Subchapter B.

SECTION 23. Section 31.022, Education Code, is amended to read as follows:

Sec. 31.022. TEXTBOOK REVIEW AND ADOPTION. (a) The commissioner [State Board of Education] shall propose rules to adopt a review and adoption cycle for textbooks for elementary grade levels, including prekindergarten, and secondary grade levels, for each subject in the required curriculum under Section 28.002.

(b) The commissioner [board] shall organize the cycle for subjects in the foundation curriculum so that not more than one-sixth of the textbooks for subjects in the foundation curriculum are reviewed each year. The commissioner [board] shall propose [adopt] rules to provide for a full and complete investigation of textbooks for each subject in the foundation curriculum at least every six years. The adoption of textbooks for a subject in the foundation curriculum may be extended beyond the six-year period only if the content of textbooks for a subject is sufficiently current.

(c) The commissioner [board] shall propose [adopt] rules to provide for a full and complete investigation of textbooks for each subject in the enrichment curriculum on a cycle the commissioner [board] considers appropriate.

(d) At least 24 months before the beginning of the school year for which textbooks for a particular subject and grade level will be purchased under the review and adoption cycle [adopted by the board], the commissioner [board] shall publish notice of the review and adoption cycle for those textbooks.

(e) The commissioner [board] shall designate a request for production of textbooks in a subject area and grade level by the school year in which the textbooks are intended to be made available in classrooms and not by the school year in which the commissioner [board] makes the request for production.

(f) The commissioner [board] shall amend any request for production issued for the purchase of textbooks to conform to the textbook funding levels provided by the General Appropriations Act for the year of implementation.

SECTION 24. Section 31.0221(a), Education Code, is amended to read as follows:

(a) The commissioner [State Board of Education] shall propose [adopt] rules for the midcycle review and adoption of a textbook for a subject for which textbooks are not currently under review by the commissioner [board] under Section 31.022. The rules must require:

(1) the publisher of the textbook to pay a fee to the commissioner [board] to cover the cost of the midcycle review and adoption of the textbook;

(2) the publisher of the textbook to enter into a contract with the commissioner [board] concerning the textbook for a term that ends at the same time as any contract entered into by the commissioner [board] for another textbook for the same subject and grade level; and

(3) a commitment from the publisher to provide the textbook to school districts in the manner specified by the publisher, which may include:

(A) providing the textbook to any district in a regional education service center area identified by the publisher; or

(B) providing a certain maximum number of textbooks specified by the publisher.

SECTION 25. Section 31.0222, Education Code, is amended to read as follows:

Sec. 31.0222. BUDGET-BALANCED CYCLE. In determining the review and adoption cycle of textbooks under Section 31.022, the commissioner [State Board of Education] shall:

(1) consult with the Legislative Budget Board and the governor's office of budget, planning, and policy before approving and publishing any notice or amendment of a cycle;

(2) review and consider:

(A) historic average funding levels for textbooks purchased in previous bienniums;

(B) expected average costs of future textbook purchases;

(C) anticipated student enrollment in future years;

(D) scheduled revisions to curriculum; and

(E) the impact on the state budget of the adoption of textbooks in all or some grade levels in a subject area; and

(3) limit the cycle to subject areas for which textbooks can be purchased with the funding anticipated to be available in the state textbook fund for the school year in which the textbooks are to be adopted.

SECTION 26. Section 31.023(a), Education Code, is amended to read as follows:

(a) For each subject and grade level, the commissioner, in accordance with Sections 28.0024 and 28.0025, shall propose for adoption to the State Board of Education in the same manner as rules are proposed under Section 31.003(b), [shall adopt] two lists of textbooks. The conforming list includes each textbook submitted for the subject and grade level that meets applicable physical specifications established [adopted] by commissioner rule [the State Board of Education] and contains material covering each element of the essential knowledge and skills of the subject and grade level in the student version of the textbook, as well as in the teacher version of the textbook, as determined [by the State Board of Education] under Section 28.002 and adopted under Section 31.024. The nonconforming list includes each textbook submitted for the subject and grade level that:

(1) meets applicable physical specifications established [adopted] by commissioner rule [the State Board of Education];

(2) contains material covering at least half, but not all, of the elements of the essential knowledge and skills of the subject and grade level in the student version of the textbook, as well as in the teacher version of the textbook; and

(3) is adopted under Section 31.024.

SECTION 27. Section 31.024, Education Code, is amended to read as follows:

Sec. 31.024. ADOPTION [BY STATE BOARD OF EDUCATION]. (a) The commissioner, after using the process under Section 31.023, [By majority vote, the State Board of Education] shall:

(1) place each submitted textbook on a conforming or nonconforming list; or

(2) reject a textbook submitted for placement on a conforming or nonconforming list.

(b) Not later than December 1 of the year preceding the school year for which the textbooks for a particular subject and grade level will be purchased under the cycle adopted [by the board] under Section 31.022, the commissioner [board] shall provide the lists of adopted textbooks to each school district. Each nonconforming list must include the reasons an adopted textbook is not eligible for the conforming list.

SECTION 28. Section 31.025(a), Education Code, is amended to read as follows:

(a) The commissioner [State Board of Education] shall set a limit on the cost that may be paid from the state textbook fund for a textbook placed on the conforming or nonconforming list for a particular subject and grade level. The commissioner [board] may not reject a textbook for placement on the conforming or nonconforming list because the textbook's price exceeds the limit established under this subsection.

SECTION 29. Sections 31.026(a) and (b), Education Code, are amended to read as follows:

(a) The commissioner [State Board of Education] shall execute a contract:

(1) for the purchase of each adopted textbook other than an electronic textbook; and

(2) for the purchase or licensing of each adopted electronic textbook.

(b) A contract must require the publisher to provide the number of textbooks required by school districts in this state for the term of the contract, which must coincide with the commissioner's [board's] adoption cycle.

SECTION 30. Sections 31.028(a), (b), and (c), Education Code, are amended to read as follows:

(a) The commissioner [State Board of Education] may purchase special textbooks for the education of blind and visually impaired students in public schools. In addition, for a teacher who is blind or visually impaired, the commissioner [board] shall provide a teacher's edition in Braille or large type, as requested by the teacher, for each textbook the teacher uses in the instruction of students. The teacher edition must be available at the same time the student textbooks become available.

(b) The publisher of an adopted textbook shall provide the agency with computerized textbook files for the production of Braille textbooks or other versions of textbooks to be used by students with disabilities, on request of the commissioner [State Board of Education]. A publisher shall arrange computerized textbook files in one of several optional formats specified by the commissioner [State Board of Education].

(c) The commissioner [board] may also enter into agreements providing for the acceptance, requisition, and distribution of special textbooks and instructional aids pursuant to 20 U.S.C. Section 101 et seq. for use by students enrolled in:

(1) public schools; or

(2) private nonprofit schools, if state funds, other than for administrative costs, are not involved.

SECTION 31. Section 31.029, Education Code, is amended to read as follows:

Sec. 31.029. BILINGUAL TEXTBOOKS. The commissioner [board] shall purchase or otherwise acquire textbooks for use in bilingual education classes.

SECTION 32. Section 31.030, Education Code, is amended to read as follows:

Sec. 31.030. USED TEXTBOOKS. The commissioner [State Board of Education] shall propose [adopt] rules to ensure that used textbooks sold to school districts and open-enrollment charter schools are not sample copies that contain factual errors. The rules may provide for the imposition of an administrative penalty in accordance with Section 31.151 against a seller of used textbooks who knowingly violates this section.

SECTION 33. Sections 31.035(a), (b), and (f), Education Code, are amended to read as follows:

(a) Notwithstanding any other provision of this subchapter, the commissioner [State Board of Education] may, in accordance with Sections 28.0024 and 28.0025, propose for adoption to the State Board of Education, in the same manner as rules are proposed under Section 31.003(b), [adopt] supplemental textbooks that are not on the conforming or nonconforming list under Section 31.023. The commissioner [State Board of Education] may propose for adoption [adopt] a supplemental textbook under this section only if the textbook:

(1) contains material covering one or more primary focal points or primary topics of a subject in the required curriculum under Section 28.002[, as determined by the State Board of Education];

(2) is not designed to serve as the sole textbook for a full course;

(3) meets applicable physical specifications established [adopted] by commissioner rule [the State Board of Education]; and

(4) is free from factual errors.

(b) The commissioner, in accordance with Sections 28.0024 and 28.0025, [State Board of Education] shall identify the essential knowledge and skills identified under Section 28.002 that are covered by a supplemental textbook adopted [by the board] under this section.

(f) A school district or open-enrollment charter school that requisitions supplemental textbooks under Subsection (d)(2) shall certify to the agency that the supplemental textbooks, in combination with any other textbooks or supplemental textbooks used by the district or school, cover the essential knowledge and skills identified under Section 28.002 [by the State Board of Education] for the subject and grade level for which the district or school is requisitioning the supplemental textbooks.

SECTION 34. Section 28.051(1), Education Code, is repealed.

SECTION 35. A rule, form, policy, procedure, or decision of the State Board of Education that relates to the adoption of curriculum under Chapter 28, Education Code, or the adoption of textbooks under Subchapter B, Chapter 31, Education Code, continues in effect as a rule, form, policy, procedure, or decision of the commissioner of education and remains in effect until changed by the commissioner of education in accordance, as necessary, with Chapter 28, Education Code, as amended by this Act, or Subchapter B, Chapter 31, Education Code, as amended by this Act.

SECTION 36. This Act applies beginning with the 2011-2012 school year.

SECTION 37. 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, 2011.