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A BILL TO BE ENTITLED
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AN ACT
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relating to transferring primary authority for the adoption of the |
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public school curriculum and textbooks from the State Board of |
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Education to the commissioner of education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.4511(b), Education Code, is amended |
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to read as follows: |
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(b) The training under this section shall include training |
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relating to implementing curriculum and instruction that is aligned |
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with the foundation curriculum described by Section 28.002(a)(1) |
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and standards and expectations for college readiness, as determined |
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by commissioner [State Board of Education] rule under Section |
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28.008(d). |
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SECTION 2. Section 28.001, Education Code, is amended to |
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read as follows: |
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Sec. 28.001. PURPOSE. It is the intent of the legislature |
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that the essential knowledge and skills, as developed by a |
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curriculum and textbook review team under Section 28.0024 and |
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proposed for adoption by the commissioner to the State Board of |
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Education under this subchapter, shall require all students to |
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demonstrate the knowledge and skills necessary to read, write, |
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compute, problem solve, think critically, apply technology, and |
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communicate across all subject areas. The essential knowledge and |
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skills shall also prepare and enable all students to continue to |
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learn in postsecondary educational, training, or employment |
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settings. |
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SECTION 3. Subchapter A, Chapter 28, Education Code, is |
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amended by adding Section 28.0011 to read as follows: |
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Sec. 28.0011. APPROVAL OF COMMISSIONER RULES. The |
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commissioner must submit a written copy of each rule the |
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commissioner proposes to adopt under this chapter to the State |
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Board of Education for review. The State Board of Education may |
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reject a proposed rule by a vote of at least two-thirds of the |
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members of the board present and voting. If the State Board of |
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Education fails to reject a proposed rule before the 90th day after |
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the date on which it receives the proposed rule, the proposed rule |
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takes effect as a rule of the commissioner as provided by Chapter |
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2001, Government Code. The State Board of Education may not modify a |
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rule proposed by the commissioner under this chapter. |
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SECTION 4. Sections 28.002(b), (c), (f), (g), (h), (i), |
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(j), (k), (l-1), (l-3), (n), (p), and (r), Education Code, are |
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amended to read as follows: |
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(b) The commissioner [State Board of Education by rule] |
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shall propose rules to designate subjects constituting a |
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well-balanced curriculum to be offered by a school district that |
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does not offer kindergarten through grade 12. |
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(c) The commissioner [State Board of Education], with |
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public participation, including the direct participation of |
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educators, parents, subject matter experts [business and industry
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representatives], and employers, in accordance with Sections |
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28.0024 and 28.0025, shall propose rules to [by rule] identify the |
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essential knowledge and skills of each subject of the required |
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curriculum that all students should be able to demonstrate and that |
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will be used in evaluating textbooks under Chapter 31 and addressed |
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on the assessment instruments required under Subchapter B, Chapter |
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39. As a condition of accreditation, the commissioner [board] |
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shall require each district to provide instruction in the essential |
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knowledge and skills at appropriate grade levels. |
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(f) A school district may offer courses for local credit in |
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addition to those in the required curriculum. The commissioner |
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[State Board of Education] shall be flexible in approving a course |
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for credit for high school graduation under this subsection. |
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(g) A local instructional plan may draw on state curriculum |
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frameworks and program standards as appropriate. Each district is |
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encouraged to exceed minimum requirements of law and commissioner |
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[State Board of Education] rule. Each district shall ensure that |
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all children in the district participate actively in a balanced |
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curriculum designed to meet individual needs. |
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(h) The commissioner, the State Board of Education, and each |
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school district shall foster the continuation of the tradition of |
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teaching United States and Texas history and the free enterprise |
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system in regular subject matter and in reading courses and in the |
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adoption of textbooks. A primary purpose of the public school |
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curriculum is to prepare thoughtful, active citizens who understand |
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the importance of patriotism and can function productively in a |
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free enterprise society with appreciation for the basic democratic |
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values of our state and national heritage. |
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(i) The commissioner [State Board of Education] shall |
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propose [adopt] rules for the implementation of this subchapter. |
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Except as provided by Subsection (j), the commissioner [board] may |
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not propose [adopt] rules that designate the methodology used by a |
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teacher or the time spent by a teacher or a student on a particular |
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task or subject. |
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(j) The commissioner [State Board of Education by rule] may |
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propose rules to require laboratory instruction in secondary |
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science courses and may require a specific amount or percentage of |
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time in a secondary science course that must be laboratory |
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instruction. |
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(k) The commissioner [State Board of Education], in |
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consultation with the Department of State Health Services and the |
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Texas Diabetes Council, shall develop a diabetes education program |
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that a school district may use in the health curriculum under |
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Subsection (a)(2)(B). |
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(l-1) In [adopting] rules relating to an activity described |
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by Subsection (l)(2), the commissioner may permit an exemption for |
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a student who participates in a school-related activity or an |
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activity sponsored by a private league or club only if the student |
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provides proof of participation in the activity. |
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(l-3)(1) This subsection may be cited as "Lauren's Law." |
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(2) The commissioner [State Board of Education], the |
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Department of State Health Services, or a school district may not |
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propose adoption of or adopt any rule, policy, or program under |
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Subsection [Subsections] (a), (k), (l), (l-1), or (l-2) that would |
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prohibit a parent or grandparent of a student from providing any |
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food product of the parent's or grandparent's choice to: |
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(A) children in the classroom of the child of the |
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parent or grandparent on the occasion of the child's birthday; or |
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(B) children at a school-designated function. |
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(n) The commissioner [State Board of Education] may propose |
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rules to [by rule] develop and implement a plan designed to |
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incorporate foundation curriculum requirements into the career and |
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technology education curriculum under Subsection (a)(2)(F). |
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(p) The commissioner [State Board of Education], in |
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conjunction with the office of the attorney general, shall develop |
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a parenting and paternity awareness program that a school district |
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shall use in the district's high school health curriculum. A |
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school district may use the program developed under this subsection |
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in the district's middle or junior high school curriculum. At the |
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discretion of the district, a teacher may modify the suggested |
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sequence and pace of the program at any grade level. The program |
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must: |
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(1) address parenting skills and responsibilities, |
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including child support and other legal rights and responsibilities |
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that come with parenthood; |
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(2) address relationship skills, including money |
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management, communication skills, and marriage preparation; and |
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(3) in district middle, junior high, or high schools |
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that do not have a family violence prevention program, address |
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skills relating to the prevention of family violence. |
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(r) In identifying [adopting] the essential knowledge and |
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skills for the health curriculum under Subsection (a)(2)(B), the |
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commissioner, in accordance with Sections 28.0024 and 28.0025, |
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[State Board of Education] shall propose adoption of [adopt] |
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essential knowledge and skills that address the dangers, causes, |
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consequences, signs, symptoms, and treatment of binge drinking and |
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alcohol poisoning. The agency shall compile a list of |
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evidence-based alcohol awareness programs from which a school |
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district shall choose a program to use in the district's middle |
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school, junior high school, and high school health curriculum. In |
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this subsection, "evidence-based alcohol awareness program" means |
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a program, practice, or strategy that has been proven to |
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effectively prevent or delay alcohol use among students, as |
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determined by evaluations that use valid and reliable measures and |
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that are published in peer-reviewed journals. |
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SECTION 5. Section 28.002(d), Education Code, as added by |
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Chapter 773 (S.B. 891), Acts of the 81st Legislature, Regular |
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Session, 2009, is amended to read as follows: |
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(d) The physical education curriculum required under |
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Subsection (a)(2)(C) must be sequential, developmentally |
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appropriate, and designed, implemented, and evaluated to enable |
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students to develop the motor, self-management, and other skills, |
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knowledge, attitudes, and confidence necessary to participate in |
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physical activity throughout life. Each school district shall |
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establish specific objectives and goals the district intends to |
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accomplish through the physical education curriculum. In |
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identifying the essential knowledge and skills of physical |
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education, the commissioner [State Board of Education] shall ensure |
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that the curriculum: |
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(1) emphasizes the knowledge and skills capable of |
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being used during a lifetime of regular physical activity; |
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(2) is consistent with national physical education |
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standards for: |
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(A) the information that students should learn |
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about physical activity; and |
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(B) the physical activities that students should |
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be able to perform; |
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(3) requires that, on a weekly basis, at least 50 |
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percent of the physical education class be used for actual student |
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physical activity and that the activity be, to the extent |
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practicable, at a moderate or vigorous level; |
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(4) offers students an opportunity to choose among |
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many types of physical activity in which to participate; |
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(5) offers students both cooperative and competitive |
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games; |
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(6) meets the needs of students of all physical |
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ability levels, including students who have a disability, chronic |
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health problem, or other special need that precludes the student |
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from participating in regular physical education instruction but |
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who might be able to participate in physical education that is |
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suitably adapted and, if applicable, included in the student's |
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individualized education program; |
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(7) takes into account the effect that gender and |
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cultural differences might have on the degree of student interest |
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in physical activity or on the types of physical activity in which a |
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student is interested; |
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(8) teaches self-management and movement skills; |
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(9) teaches cooperation, fair play, and responsible |
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participation in physical activity; |
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(10) promotes student participation in physical |
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activity outside of school; and |
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(11) allows physical education classes to be an |
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enjoyable experience for students. |
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SECTION 6. Section 28.002(d), Education Code, as added by |
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Chapter 895 (H.B. 3), Acts of the 81st Legislature, Regular |
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Session, 2009, is redesignated as Section 28.002(c-2), Education |
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Code, and amended to read as follows: |
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(c-2) [(d)] Each time the Texas Higher Education |
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Coordinating Board revises the Internet database of the |
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coordinating board's official statewide inventory of workforce |
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education courses, the commissioner shall propose rules to [State
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Board of Education shall by rule] revise the essential knowledge |
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and skills of any corresponding career and technology education |
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curriculum as provided by Subsection (c). |
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SECTION 7. Sections 28.0023(b) and (c), Education Code, are |
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amended to read as follows: |
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(b) The commissioner, in accordance with Sections 28.0024 |
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and 28.0025, [State Board of Education by rule] shall propose rules |
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to include elements relating to instruction in cardiopulmonary |
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resuscitation and the use of an automated external defibrillator as |
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part of the essential knowledge and skills of the health curriculum |
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under Section 28.002(a)(2)(B). |
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(c) This subsection applies only to a private school that |
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receives an automated external defibrillator from the agency or |
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receives funding from the agency to purchase or lease an automated |
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external defibrillator. A private school shall provide |
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instruction to students in cardiopulmonary resuscitation and the |
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use of an automated external defibrillator in a manner consistent |
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with the requirements of this section and commissioner [State Board
|
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of Education] rules [adopted] under this section. |
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SECTION 8. Subchapter A, Chapter 28, Education Code, is |
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amended by adding Sections 28.0024 and 28.0025 to read as follows: |
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Sec. 28.0024. CURRICULUM AND TEXTBOOK REVIEW TEAM. |
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(a) For each subject undergoing a review for the purpose of |
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identifying the essential knowledge and skills of a subject of the |
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required curriculum under Section 28.002 or for the adoption of |
|
textbooks under Subchapter B, Chapter 31, the commissioner shall |
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appoint a curriculum and textbook review team. |
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(b) The commissioner shall make appointments to a |
|
curriculum and textbook review team from among educators |
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representing each regional education service center region, |
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parents of public school students, and employers. Each educator |
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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. |
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(c) Each regional education service center region must be |
|
represented by at least two educator members on a curriculum and |
|
textbook review team. |
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(d) For each curriculum and textbook review team, the |
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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 |
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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 |
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resides. |
|
(f) The agency shall develop and post on the agency's |
|
Internet website a blind scoring system for ranking nominations |
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made under Subsections (d) and (e) by level of expertise in the |
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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 |
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commissioner shall provide the team with a side-by-side comparison |
|
of the team's recommendations and the commissioner's proposals. The |
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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 |
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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. |
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Sec. 28.0025. HIGHER EDUCATION CURRICULUM REVIEW TEAMS. |
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(a) For each subject undergoing a review for the purpose of |
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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 |
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the State Board of Education that relates to the adoption of |
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curriculum under Chapter 28, Education Code, or the adoption of |
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textbooks under Subchapter B, Chapter 31, Education Code, continues |
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in effect as a rule, form, policy, procedure, or decision of the |
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commissioner of education and remains in effect until changed by |
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the commissioner of education in accordance, as necessary, with |
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Chapter 28, Education Code, as amended by this Act, or Subchapter B, |
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Chapter 31, Education Code, as amended by this Act. |
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SECTION 36. This Act applies beginning with the 2011-2012 |
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school year. |
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SECTION 37. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2011. |