83R3447 PAM-D

By: Deshotel H.B. No. 1423

A BILL TO BE ENTITLED

AN ACT

relating to multiple public school graduation plans for student success and economic competitiveness; creating an offense.

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

SECTION 1. (a) Section 4.002, Education Code, is amended to read as follows:

Sec. 4.002. PUBLIC EDUCATION ACADEMIC GOALS. To serve as a foundation for a well-balanced and appropriate education:

GOAL 1: The students in the public education system will demonstrate exemplary performance in the reading and writing of the English language.

GOAL 2: The students in the public education system will demonstrate exemplary performance in the understanding and application of mathematics.

GOAL 3: The students in the public education system will demonstrate exemplary performance in the understanding and application of science.

GOAL 4: The students in the public education system will demonstrate exemplary performance in the understanding of social studies.

(b) This section applies beginning with the 2014-2015 school year.

SECTION 2. (a) Section 7.062(e), Education Code, is amended to read as follows:

(e) The rules must:

(1) limit the amount of assistance provided through a grant to not more than:

(A) for a construction project, $200 per square foot of the science laboratory to be constructed; or

(B) for a renovation project, $100 per square foot of the science laboratory to be renovated;

(2) require a school district to demonstrate, as a condition of eligibility for a grant, that the existing district science laboratories are insufficient in number to comply with the curriculum requirements imposed for the foundation [recommended and advanced] high school program [programs] under Section 28.025 [28.025(b-1)(1)]; and

(3) provide for ranking school districts that apply for grants on the basis of wealth per student and giving priority in the award of grants to districts with low wealth per student.

(b) This section applies beginning with the 2014-2015 school year.

SECTION 3. (a) Section 18.005(c), Education Code, is amended to read as follows:

(c) A Job Corps diploma program shall:

(1) develop educational programs specifically designed for persons eligible for enrollment in a Job Corps training program established by the United States Department of Labor;

(2) coordinate educational programs and services in the diploma program with programs and services provided by the United States Department of Labor and other federal and state agencies and local political subdivisions and by persons who provide programs and services under contract with the United States Department of Labor;

(3) provide a course of instruction that includes the required curriculum under Subchapter A, Chapter 28; and

(4) [require that students enrolled in the diploma program satisfy the requirements of Section 39.025 before receiving a diploma under this chapter; and

[(5)] comply with a requirement imposed under this title or a rule adopted under this title relating to the Public Education Information Management System (PEIMS) to the extent necessary to determine compliance with this chapter, as determined by the commissioner.

(b) This section applies beginning with the 2013-2014 school year.

SECTION 4. (a) Section 18.006(b), Education Code, is amended to read as follows:

(b) In addition to other factors determined to be appropriate by the commissioner, the accountability system must include consideration of:

(1) student performance on [the end-of-course] assessment instruments required by Section 39.023(c); and

(2) dropout rates, including dropout rates and diploma program completion rates for the grade levels served by the diploma program.

(b) This section applies beginning with the 2013-2014 school year.

SECTION 5. (a) Section 21.044, Education Code, as amended by Chapters 635 (S.B. 866) and 926 (S.B. 1620), Acts of the 82nd Legislature, Regular Session, 2011, is reenacted and amended to read as follows:

Sec. 21.044. EDUCATOR PREPARATION. (a) The board shall propose rules establishing the training requirements a person must accomplish to obtain a certificate, enter an internship, or enter an induction-year program. The board shall specify the minimum academic qualifications required for a certificate.

(b) Any minimum academic qualifications for a certificate specified under Subsection (a) that require a person to possess a bachelor's degree must also require that the person receive, as part of the curriculum for that degree, instruction in detection and education of students with dyslexia. This subsection does not apply to a person who obtains a certificate through an alternative certification program adopted under Section 21.049.

(c) The instruction under Subsection (b) must:

(1) be developed by a panel of experts in the diagnosis and treatment of dyslexia who are:

(A) employed by institutions of higher education; and

(B) approved by the board; and

(2) include information on:

(A) characteristics of dyslexia;

(B) identification of dyslexia; and

(C) effective, multisensory strategies for teaching students with dyslexia.

(d) [(b)] In proposing rules under this section, the board shall specify that to obtain a certificate to teach an ["]applied science, technology, engineering, or mathematics (STEM) course offered as part of a school district's career and technology education curriculum[," as that term is defined by Section 28.027,] at a secondary school, a person must:

(1) pass the certification test administered by the recognized national or international business and industry group that created the curriculum the applied science, technology, engineering, or mathematics (STEM) course is based on; and

(2) have at a minimum:

(A) an associate degree from an accredited institution of higher education; and

(B) three years of work experience in an occupation for which the applied science, technology, engineering, or mathematics (STEM) course is intended to prepare the student.

(b) This section applies beginning with the 2014-2015 school year.

SECTION 6. (a) Section 25.005(b), Education Code, is amended to read as follows:

(b) A reciprocity agreement must:

(1) address procedures for:

(A) transferring student records;

(B) awarding credit for completed course work; and

(C) permitting a student to satisfy the requirements of Section 39.023(c) [39.025] through [successful performance on] comparable [end-of-course or other exit-level] assessment instruments administered in another state; and

(2) include appropriate criteria developed by the agency.

(b) This section applies beginning with the 2013-2014 school year.

SECTION 7. (a) 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 developed by the State Board of Education under this subchapter shall require all students to demonstrate and apply 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.

(b) This section applies beginning with the 2014-2015 school year.

SECTION 8. (a) Section 28.002(c), Education Code, is amended to read as follows:

(c) The State Board of Education, with the direct participation of educators, parents, business and industry representatives, and employers shall 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 instructional materials under Chapter 31 [and addressed on the assessment instruments required under Subchapter B, Chapter 39]. As a condition of accreditation, the board shall require each district to provide instruction in the essential knowledge and skills at appropriate grade levels.

(b) This section applies beginning with the 2013-2014 school year.

SECTION 9. (a) Sections 28.002(a) and (n), Education Code, are amended to read as follows:

(a) Each school district that offers kindergarten through grade 12 shall offer, as a required curriculum:

(1) a foundation curriculum that includes:

(A) English language arts;

(B) mathematics, including applied mathematics;

(C) science, including applied sciences; and

(D) social studies, consisting of Texas, United States, and world history, government, economics, with emphasis on the free enterprise system and its benefits, and geography; and

(2) an enrichment curriculum that includes:

(A) to the extent possible, languages other than English;

(B) health, with emphasis on the importance of proper nutrition and exercise;

(C) physical education;

(D) fine arts;

(E) career and technology education;

(F) technology applications; and

(G) religious literature, including the Hebrew Scriptures (Old Testament) and New Testament, and its impact on history and literature.

(n) The State Board of Education may by rule develop and implement a plan designed to incorporate career and technology [foundation] curriculum requirements into the foundation [career and technology education] curriculum under Subsections (a)(1)(B) and (C) [Subsection (a)(2)(E)].

(b) This section applies beginning with the 2014-2015 school year.

SECTION 10. (a) Section 28.003(b), Education Code, is amended to read as follows:

(b) In this section, "educational program" means a course or series of courses in the required curriculum under Section 28.002[, other than a fine arts course under Section 28.002(a)(2)(D) or a career and technology course under Section 28.002(a)(2)(E)].

(b) This section applies beginning with the 2013-2014 school year.

SECTION 11. (a) The heading to Section 28.014, Education Code, is amended to read as follows:

Sec. 28.014. COLLEGE AND WORKFORCE PREPARATORY COURSES.

(b) This section applies beginning with the 2013-2014 school year.

SECTION 12. (a) Section 28.014(a), Education Code, is amended to read as follows:

(a) The commissioner of education, [and] the commissioner of higher education, and the executive director of the Texas Workforce Commission shall [develop and] recommend to the State Board of Education for adoption under Section 28.002 the essential knowledge and skills of courses in college and workforce 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 a four-year or two-year postsecondary higher education institution or postsecondary technical school [entry-level college courses].

(b) This section applies beginning with the 2013-2014 school year.

SECTION 13. (a) Section 28.014(b), Education Code, is amended to read as follows:

(b) A student who successfully completes a course developed under this section may use the credit earned in the course toward satisfying the applicable mathematics or science curriculum requirement for the foundation [recommended or advanced] high school program under Section 28.025.

(b) This section applies beginning with the 2014-2015 school year.

SECTION 14. (a) Section 28.0141(a), Education Code, is amended to read as follows:

(a) The agency, in consultation with the Texas Higher Education Coordinating Board, shall conduct a study of best practices for and existing programs offering early assessments of high school students in order to determine college readiness, identify any deficiencies in college readiness, and provide intervention to address any deficiencies before high school graduation. In conducting the study, the agency, in consultation with the coordinating board, shall review:

(1) various assessments, including [end-of-course] assessment instruments under Section 39.023(c) and[,] each assessment currently used under Section 51.3062[, and any assessment being proposed as a statewide model by the coordinating board under Section 51.3062(v)], for identifying students who need additional assistance in preparing for college;

(2) various early intervention models, including:

(A) summer bridge programs;

(B) college preparatory courses for credit toward high school graduation;

(C) developmental education programs, including college readiness programs under Section 39.234, and college study skills courses; and

(D) dual credit courses;

(3) the costs associated with different assessments and early intervention models; and

(4) the effectiveness of different assessments and early intervention models in preparing students for college coursework for which course credit may be earned.

(b) This section applies beginning with the 2013-2014 school year.

SECTION 15. (a) Sections 28.0211(b), (c), (d), (f), (i), and (k), Education Code, are amended to read as follows:

(b) A school district shall provide to a student who initially fails to perform satisfactorily on a fifth or eighth grade [an] assessment instrument required [specified] under Section 39.023 [Subsection (a)] at least two additional opportunities to take the assessment instrument. [A school district may administer an alternate assessment instrument to a student who has failed an assessment instrument specified under Subsection (a) on the previous two opportunities. Notwithstanding any other provision of this section, a student may be promoted if the student performs at grade level on an alternate assessment instrument under this subsection that is appropriate for the student's grade level and approved by the commissioner.]

(c) [Each time a student fails to perform satisfactorily on an assessment instrument specified under Subsection (a), the school district in which the student attends school shall provide to the student accelerated instruction in the applicable subject area, including reading instruction for a student who fails to perform satisfactorily on a reading assessment instrument.] After a student fails to perform satisfactorily on an assessment instrument specified under Subsection (b) a second time, a grade placement committee shall be established to prescribe the accelerated instruction the district shall provide to the student before the student is administered the assessment instrument the third time. The grade placement committee shall be composed of the principal or the principal's designee, the student's parent or guardian, and the teacher of the subject of an assessment instrument on which the student failed to perform satisfactorily. The district shall notify the parent or guardian of the time and place for convening the grade placement committee and the purpose of the committee. An accelerated instruction group administered by a school district under this section may not have a ratio of more than 10 students for each teacher.

(d) In addition to providing accelerated instruction to a student under Subsection (c), the district shall notify the student's parent or guardian of:

(1) the student's failure to perform satisfactorily on the assessment instrument; and

(2) the accelerated instruction program to which the student is assigned[; and

[(3) the possibility that the student might be retained at the same grade level for the next school year].

(f) A school district shall provide to a student who, after three attempts, has failed to perform satisfactorily on an assessment instrument specified under Subsection (b) [(a)] accelerated instruction during the next school year as prescribed by an educational plan developed for the student by the student's grade placement committee established under Subsection (c). The district shall provide that accelerated instruction regardless of whether the student has been promoted or retained. The educational plan must be designed to enable the student to perform at the appropriate grade level by the conclusion of the school year. During the school year, the student shall be monitored to ensure that the student is progressing in accordance with the plan. The district shall administer to the student the assessment instrument for the grade level in which the student is placed at the time the district regularly administers the assessment instruments for that school year.

(i) The admission, review, and dismissal committee of a student who participates in a district's special education program under Subchapter B, Chapter 29, and who does not perform satisfactorily on an assessment instrument specified under Subsection (b) [(a)] and administered under Section 39.023(a) or (b) shall determine[:

[(1)] the manner in which the student will participate in an accelerated instruction program under this section[; and

[(2) whether the student will be promoted or retained under this section].

(k) The commissioner shall adopt rules as necessary to implement this section[, including rules concerning when school districts shall administer assessment instruments required under this section and which administration of the assessment instruments will be used for purposes of Section 39.054].

(b) This section applies beginning with the 2013-2014 school year.

SECTION 16. (a) The heading to Section 28.025, Education Code, is amended to read as follows:

Sec. 28.025. HIGH SCHOOL DIPLOMA [AND CERTIFICATE]; ACADEMIC ACHIEVEMENT RECORD.

(b) This section applies beginning with the 2013-2014 school year.

SECTION 17. (a) Sections 28.025(c) and (e), Education Code, are amended to read as follows:

(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 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.

(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 the State Board of Education. The transcript forms adopted by the 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].

(b) This section applies beginning with the 2013-2014 school year.

SECTION 18. (a) Effective September 1, 2014, Section 28.025(e), Education Code, is amended to read as follows:

(e) Each school district shall report the academic achievement record of students who have completed the foundation [a minimum, recommended, or advanced] high school program on transcript forms adopted by the State Board of Education. [The transcript forms adopted by the 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.]

(b) This section applies beginning with the 2014-2015 school year.

SECTION 19. (a) Section 28.025, Education Code, is amended by amending Subsections (a), (b), (b-1), (b-2), (b-3), (b-7), (b-9), (b-10), and (b-11) and adding Subsections (b-12), (c-1), (c-2), (e-1), (h), and (h-1) to read as follows:

(a) The State Board of Education by rule shall determine curriculum requirements for the foundation [minimum, recommended, and advanced] high school program [programs] that are consistent with the required curriculum under Section 28.002. The [Subject to Subsection (b-1), the] State Board of Education shall designate the specific courses in the foundation curriculum under Section 28.002(a)(1) required under [for a student participating in] the foundation [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 State Board of Education under Subsection (a) for the foundation [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 State Board of Education by rule shall require that [:

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

(1) [(A)] four credits in English language arts [each subject of the foundation curriculum] under Section 28.002(a)(1)(A), including one credit in English I, one credit in English II, one credit in English III, and one credit in an advanced English course authorized under Subsection (b-3);

(2) three credits in mathematics under Section 28.002(a)(1)(B), including one credit in Algebra I, one credit in geometry, and one credit in an accounting course or any advanced mathematics course authorized under Subsection (b-3);

(3) two credits in science under Section 28.002(a)(1)(C), including one credit in biology and one credit in integrated physics and chemistry or any advanced science course authorized under Subsection (b-3);

(4) two credits in social studies under Section 28.002(a)(1)(D) [28.002(a)(1)], including one credit in United States history, at least one-half credit in government, and at least one-half credit in economics [to meet the social studies requirement];

(5) except as provided under Subsection (b-12) [(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]

(6) 10 [(C) for the recommended high school program, six] elective credits [and, for the advanced high school program, five elective credits];

(7) one-half credit in health under Section 28.002(a)(2)(B);

(8) one-half credit in speech;

(9) [(2) one or more 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

(10) [(B)] except as provided by Subsection (b-11), one credit in physical education under Section 28.002(a)(2)(C).

(b-2) In adopting rules under Subsection (b-1), the State Board of Education shall provide for [allow] a student to comply with the curriculum requirements for a mathematics or science course under Subsection (b-1)(2) or (3) [(b-1)(1) taken after the successful completion of Algebra I and geometry and either after the successful completion of or concurrently with Algebra II or a science course under Subsection (b-1)(1) taken after the successful completion of biology and chemistry and either after the successful completion of or concurrently with physics] by successfully completing a [an advanced] career and technical course designated by the 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].

(b-3) In adopting rules for purposes of Subsection (b-1) [to provide students with the option described by Subsection (b-1)(1)(A)], the State Board of Education must approve a variety of advanced English, mathematics, and science courses that may be taken [after the completion of Algebra II and physics] to comply with the foundation high school [recommended] program requirements.

(b-7) The State Board of Education, in coordination with the Texas Higher Education Coordinating Board, shall adopt rules to ensure that a student may comply with the curriculum requirements under the foundation [minimum, recommended, or advanced] high school program for each subject of the foundation curriculum under Section 28.002(a)(1) and for languages other than English under Section 28.002(a)(2)(A) by successfully completing appropriate courses in the core curriculum of an institution of higher education under Section 61.822.

(b-9) A [The agency shall establish a pilot program allowing a] student may [attending school in a county with a population of more than one million and in which more than 75 percent of the population resides in a single municipality to] satisfy the fine arts credit required under Subsection (b-1)(9) [(b-1)(3)(A)] by participating in a fine arts program not provided by the school district in which the student is enrolled. The fine arts program may be provided on or off a school campus and outside the regular school day. [Not later than December 1, 2010, the agency shall provide to the legislature a report regarding the pilot program, including the feasibility of expanding the pilot program statewide.]

(b-10) A school district[, with the approval of the commissioner,] may allow a student to comply with the curriculum requirements for the physical education credit required under Subsection (b-1)(10) [(b-1)(3)(B)] by participating in a private or commercially sponsored physical activity program provided on or off a school campus and outside the regular school day.

(b-11) In adopting rules under Subsection (b-1), the State Board of Education shall allow a student who is unable to participate in physical activity due to disability or illness to substitute one credit in English language arts, mathematics, science, or social studies or one academic elective credit for the physical education credit required under Subsection (b-1)(10) [(b-1)(3)(B)]. A credit allowed to be substituted under this subsection may not also be used by the student to satisfy a graduation requirement other than completion of the physical education credit. The rules must provide that the determination regarding a student's ability to participate in physical activity will be made by:

(1) if the student receives special education services under Subchapter A, Chapter 29, the student's admission, review, and dismissal committee;

(2) if the student does not receive special education services under Subchapter A, Chapter 29, but is covered by Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), the committee established for the student under that Act; or

(3) if each of the committees described by Subdivisions (1) and (2) is inapplicable, a committee established by the school district of persons with appropriate knowledge regarding the student.

(b-12) In adopting rules under Subsection (b-1), the State Board of Education shall adopt criteria to allow a student to comply with the curriculum requirements for the two credits in a language other than English required under Subsection (b-1)(5) by substituting two credits in American Sign Language or two credits in technology application languages.

(c-1) A student may earn an endorsement on the student's diploma and transcript by successfully completing curriculum requirements for that endorsement adopted by the State Board of Education by rule. An endorsement under this subsection may be earned in any of the following categories:

(1) science, technology, engineering, and mathematics (STEM), which includes courses directly related to advanced science, including environmental systems, technology, engineering, and advanced mathematics;

(2) career, technical, and vocational skills development, which includes courses directly related to database management, information technology, communications, accounting, finance, marketing, graphic design, architecture, construction, welding, logistics, automotive technology, and heating, ventilation, and air conditioning;

(3) humanities and fine arts, which includes courses directly related to political science, world languages, cultural studies, English literature, history, and fine arts;

(4) interdisciplinary studies, which allows a student to select courses from the curriculum of each endorsement area described by Subdivisions (1) through (3) and requires the student to complete at least four courses within one of the endorsement areas; and

(5) foundation studies, which requires a student to complete at least four credits in each subject of the foundation curriculum under Section 28.002(a)(1).

(c-2) To provide school counselors with information necessary to support students and parents in choosing an endorsement option under Subsection (c-1), the agency shall provide counselors with information that identifies postsecondary education and career opportunities, including information that describes the benefits of four-year and two-year higher education, postsecondary technical education, and skilled workforce careers and career education programs. The agency shall collaborate with the Texas Workforce Commission and the Texas Higher Education Coordinating Board in using existing materials and developing materials to be provided to counselors, students, and parents under this subsection.

(e-1) A school district shall clearly indicate an endorsement described by Subsection (c-1) on the diploma and transcript of a student who satisfies the applicable requirements. The State Board of Education shall adopt rules as necessary to administer this subsection.

(h) The commissioner by rule shall adopt a transition plan to implement and administer the amendments made by __. B. No. __, 83rd Legislature, Regular Session, 2013, replacing the minimum, recommended, and advanced high school programs with the foundation high school program beginning with the 2014-2015 school year. Under the transition plan, a student who entered the ninth grade before the 2014-2015 school year must be permitted to complete the curriculum requirements required for high school graduation under:

(1) the foundation high school program, if the student chooses during the 2014-2015 school year to take courses under this program;

(2) the minimum high school program, as that program existed before the adoption of __.B. No. __, 83rd Legislature, Regular Session, 2013, if the student was participating in that program before the 2014-2015 school year;

(3) the recommended high school program, as that program existed before the adoption of __.B. No. __, 83rd Legislature, Regular Session, 2013, if the student was participating in that program before the 2014-2015 school year; or

(4) the advanced high school program, as that program existed before the adoption of __.B. No. __, 83rd Legislature, Regular Session, 2013, if the student was participating in that program before the 2014-2015 school year.

(h-1) This subsection and Subsection (h) expire September 1, 2018.

(b) This section applies beginning with the 2014-2015 school year.

SECTION 20. (a) Section 28.0253(e), Education Code, is amended to read as follows:

(e) A student who receives a high school diploma through the pilot program is considered to have completed the foundation [recommended] high school program adopted under Section 28.025 [28.025(a)]. The student is not guaranteed admission to any institution of higher education or to any academic program at an institution of higher education solely on the basis of having received the diploma through the program.

(b) This section applies beginning with the 2014-2015 school year.

SECTION 21. (a) Section 29.081(b), Education Code, is amended to read as follows:

(b) Each district shall provide accelerated instruction to a student enrolled in the district who has taken an [end-of-course] assessment instrument administered under Section 39.023(c) and has not performed satisfactorily on the assessment instrument or who is at risk of dropping out of school.

(b) This section applies beginning with the 2013-2014 school year.

SECTION 22. (a) Section 29.087(f), Education Code, is amended to read as follows:

(f) A student participating in a program authorized by this section, other than a student ordered to participate under Subsection (d)(1), must have taken any [the] appropriate [end-of-course] assessment instruments required under [specified by] Section 39.023(c) before entering the program and must take any [each] appropriate [end-of-course] assessment instrument administered during the period in which the student is enrolled in the program. [Except for a student ordered to participate under Subsection (d)(1), a student participating in the program may not take the high school equivalency examination unless the student has taken the assessment instruments required by this subsection.]

(b) This section applies beginning with the 2013-2014 school year.

SECTION 23. (a) Section 29.096(e), Education Code, is amended to read as follows:

(e) The commissioner shall establish minimum standards for a local collaborative agreement, including a requirement that the agreement must be signed by an authorized school district or open-enrollment charter school officer and an authorized representative of each of the other participating entities that is a partner in the collaboration. The program must:

(1) limit participation in the program to students authorized to participate by a parent or other person standing in parental relationship;

(2) have as a primary goal graduation from high school [under at least the recommended high school program];

(3) provide for local businesses or other employers to offer paid employment or internship opportunities and advanced career and vocational training;

(4) include an outreach component and a lead educational staff member to identify and involve eligible students and public and private entities in participating in the program;

(5) serve a population of students of which at least 50 percent are identified as students at risk of dropping out of school, as described by Section 29.081(d);

(6) allocate not more than 15 percent of grant funds and matching funds, as determined by the commissioner, to administrative expenses;

(7) include matching funds from any of the participating entities; and

(8) include any other requirements as determined by the council.

(b) This section applies beginning with the 2014-2015 school year.

SECTION 24. (a) Section 29.402(b), Education Code, is amended to read as follows:

(b) A person who is under 26 years of age is eligible to enroll in a dropout recovery program under this subchapter if the person:

(1) must complete not more than three course credits to complete the curriculum requirements for the minimum, recommended, or advanced high school program, as appropriate, for high school graduation; or

(2) has failed to perform satisfactorily on an end-of-course assessment instrument administered under Section 39.023(c) as that section existed before amendment by __. B. No. __, 83rd Legislature, Regular Session, 2013, or an assessment instrument administered under Section 39.023(c) as that section existed before amendment by Chapter 1312 (S.B. 1031), Acts of the 80th Legislature, Regular Session, 2007.

(b) This section applies beginning with the 2013-2014 school year.

SECTION 25. (a) Effective September 1, 2014, Section 29.402(b), Education Code, is amended to read as follows:

(b) A person who is under 26 years of age is eligible to enroll in a dropout recovery program under this subchapter if the person:

(1) must complete not more than three course credits to complete the curriculum requirements for the foundation [minimum, recommended, or advanced] high school program[, as appropriate,] for high school graduation; or

(2) has failed to perform satisfactorily on an end-of-course assessment instrument administered under Section 39.023(c) as that section existed before amendment by __. B. No. __, 83rd Legislature, Regular Session, 2013, or an assessment instrument administered under Section 39.023(c) as that section existed before amendment by Chapter 1312 (S.B. 1031), Acts of the 80th Legislature, Regular Session, 2007.

(b) This section applies beginning with the 2014-2015 school year.

SECTION 26. (a) Section 29.904(d), Education Code, is amended to read as follows:

(d) A plan developed under this section:

(1) must establish clear, achievable goals for increasing the percentage of the school district's graduating seniors, particularly the graduating seniors attending a high school described by Subsection (a), who enroll in an institution of higher education for the academic year following graduation;

(2) must establish an accurate method of measuring progress toward the goals established under Subdivision (1) that may include the percentage of district high school students and the percentage of students attending a district high school described by Subsection (a) who:

(A) are enrolled in a course for which a student may earn college credit, such as an advanced placement or international baccalaureate course or a course offered through concurrent enrollment in high school and at an institution of higher education;

(B) are enrolled in courses that meet the curriculum requirements for the foundation [recommended or advanced] high school program as determined under Section 28.025;

(C) have submitted a free application for federal student aid (FAFSA);

(D) are exempt under Section 51.3062(p) or (q) from administration of an assessment instrument under Section 51.3062 or have performed successfully on an assessment instrument under Section 51.3062;

(E) graduate from high school;

(F) graduate from an institution of higher education; and

(G) have taken college entrance examinations and the average score of those students on the examinations;

(3) must cover a period of at least five years; and

(4) may be directed at district students at any level of primary or secondary education.

(b) This section applies beginning with the 2014-2015 school year.

SECTION 27. (a) Section 30.021(e), Education Code, is amended to read as follows:

(e) The school shall cooperate with public and private agencies and organizations serving students and other persons with visual impairments in the planning, development, and implementation of effective educational and rehabilitative service delivery systems associated with educating students with visual impairments. To maximize and make efficient use of state facilities, funding, and resources, the services provided in this area may include conducting a cooperative program with other agencies to serve students who have graduated from high school by completing all academic requirements applicable to students in regular education[, excluding satisfactory performance under Section 39.025,] who are younger than 22 years of age on September 1 of the school year and who have identified needs related to vocational training, independent living skills, orientation and mobility, social and leisure skills, compensatory skills, or remedial academic skills.

(b) This section applies beginning with the 2013-2014 school year.

SECTION 28. (a) Section 30.104(b), Education Code, is amended to read as follows:

(b) A student may graduate and receive a diploma from a Texas Youth Commission educational program if:

(1) the student successfully completes the curriculum requirements identified by the State Board of Education under Section 28.025(a) [and complies with Section 39.025]; or

(2) the student successfully completes the curriculum requirements under Section 28.025(a) as modified by an individualized education program developed under Section 29.005.

(b) This section applies beginning with the 2013-2014 school year.

SECTION 29. (a) Section 31.0211(d-1), Education Code, is amended to read as follows:

(d-1) Notwithstanding Subsection (d), for the state fiscal biennium beginning September 1, 2011, a school district shall use an allotment received under this section to purchase instructional materials that will assist the district in providing instruction for [satisfying performance standards under Section 39.0241, as added by Chapter 895 (H.B. 3), Acts of the 81st Legislature, Regular Session, 2009, on] assessment instruments adopted under Sections 39.023(a) and (c).

(b) This section applies beginning with the 2013-2014 school year.

SECTION 30. (a) Section 33.007(b), Education Code, is amended to read as follows:

(b) During the first school year a student is enrolled in a high school or at the high school level in an open-enrollment charter school, and again during a student's senior year, a counselor shall provide information about higher education to the student and the student's parent or guardian. The information must include information regarding:

(1) the importance of higher education;

(2) [the advantages of completing the recommended or advanced high school program adopted under Section 28.025(a);

[(3)] the disadvantages of taking courses to prepare for a high school equivalency examination relative to the benefits of taking courses leading to a high school diploma;

(3) [(4)] financial aid eligibility;

(4) [(5)] instruction on how to apply for federal financial aid;

(5) [(6)] the center for financial aid information established under Section 61.0776;

(6) [(7)] the automatic admission of certain students to general academic teaching institutions as provided by Section 51.803;

(7) [(8)] the eligibility and academic performance requirements for the TEXAS Grant as provided by Subchapter M, Chapter 56; and

(8) [(9)] the availability of programs in the district under which a student may earn college credit, including advanced placement programs, dual credit programs, joint high school and college credit programs, and international baccalaureate programs.

(b) This section applies beginning with the 2014-2015 school year.

SECTION 31. (a) Section 39.022, Education Code, is amended to read as follows:

Sec. 39.022. ASSESSMENT PROGRAM. The State Board of Education by rule shall adopt [create] and implement a statewide assessment program that is knowledge- and skills-based to ensure school accountability for student achievement that achieves the public education mission and objectives established in [goals provided under] Section 4.001 [4.002]. After adopting rules under this section, the State Board of Education shall consider the importance of maintaining stability in the statewide assessment program when adopting any subsequent modification of the rules.

(b) This section applies beginning with the 2013-2014 school year.

SECTION 32. (a) Sections 39.023(a), (a-1), (a-2), (b), (c), (c-1), (c-4), (c-5), (c-6), (e), (i), and (n), Education Code, are amended to read as follows:

(a) The agency shall adopt [or develop] appropriate nationally recognized, norm-referenced [criterion-referenced] assessment instruments designed to assess essential knowledge and skills in reading, [writing,] mathematics, [social studies,] and science. Except as provided by Subsection (a-2), all students in grades below grade nine, other than students assessed under Subsection (b) or (l) or exempted under Section 39.027, shall be assessed in subjects and grades[:

[(1) mathematics, annually in grades three through seven without the aid of technology and in grade eight with the aid of technology on any assessment instrument that includes algebra;

[(2) reading, annually in grades three through eight;

[(3) writing, including spelling and grammar, in grades four and seven;

[(4) social studies, in grade eight;

[(5) science, in grades five and eight; and

[(6) any other subject and grade] required by federal law.

(a-1) The agency shall adopt [develop] assessment instruments required under Subsections [Subsection] (a) and (c) in a manner that allows, to the extent practicable:

(1) the score a student receives to provide reliable information relating to a student's satisfactory performance for each performance standard under Section 39.0241; and

(2) an appropriate range of performances to serve as a valid indication of growth in student achievement.

(a-2) A student is not required to be assessed in a subject otherwise assessed at the student's grade level under Subsection (a) if the student:

(1) is enrolled in a course in the subject intended for students above the student's grade level and will be administered an assessment instrument adopted [or developed] under Subsection (a) [that aligns with the curriculum for the course in which the student is enrolled]; or

(2) is enrolled in a course in the subject for which the student will receive high school academic credit and will be administered an [end-of-course] assessment instrument adopted under Subsection (c) [for the course].

(b) The agency shall develop or adopt appropriate [criterion-referenced] alternative assessment instruments to be administered to each student in a special education program under Subchapter A, Chapter 29, for whom an assessment instrument adopted under Subsection (a), even with allowable accommodations, would not provide an appropriate measure of student achievement, as determined by the student's admission, review, and dismissal committee.

(c) The agency shall also adopt nationally recognized, norm-referenced [end-of-course] assessment instruments as described by Subsection (a) for assessing secondary-level students. All students in grades 9 through 12, other than students exempted under Section 39.027, shall be assessed in subjects and grades required by federal law [courses in Algebra I, Algebra II, geometry, biology, chemistry, physics, English I, English II, English III, world geography, world history, and United States history. The Algebra I, Algebra II, and geometry end-of-course assessment instruments must be administered with the aid of technology]. A school district shall comply with State Board of Education rules regarding administration of the assessment instruments [listed in this subsection and shall adopt a policy that requires a student's performance on an end-of-course assessment instrument for a course listed in this subsection in which the student is enrolled to account for 15 percent of the student's final grade for the course. If a student retakes an end-of-course assessment instrument for a course listed in this subsection, as provided by Section 39.025, a school district is not required to use the student's performance on the subsequent administration or administrations of the assessment instrument to determine the student's final grade for the course]. If a student is in a special education program under Subchapter A, Chapter 29, the student's admission, review, and dismissal committee shall determine whether any allowable modification is necessary in administering to the student an assessment instrument required under this subsection. The State Board of Education shall administer the assessment instruments. [The State Board of Education shall adopt a schedule for the administration of end-of-course assessment instruments that complies with the requirements of Subsection (c-3).]

(c-1) The agency shall implement [develop] any assessment instrument required under this section in a manner that allows for the measurement of annual improvement in student achievement as required by Sections 39.034(c) and (d).

(c-4) To the extent practicable and subject to Section 39.024, the agency shall ensure that each [end-of-course] assessment instrument adopted under Subsection (c) [is]:

(1) [developed in a manner that] measures a student's performance under the college readiness standards established under Section 28.008; and

(2) is validated by national postsecondary education experts for college and workforce readiness alignment that is appropriate for each subject being assessed [content and performance standards].

(c-5) A student's performance on an [end-of-course] assessment instrument required under this subchapter [Subsection (c)] must be included in the student's academic achievement record.

(c-6) In adopting an [end-of-course] assessment instrument under Subsection (c) [this section], the agency shall adopt and [consider the use of an existing assessment instrument that is currently available. The agency may] use [an] existing nationally recognized, norm-referenced assessment instruments commonly used to determine student eligibility for postsecondary institution admission to [instrument that is currently available only if the assessment instrument]:

(1) assess college and workforce readiness [is aligned with the essential knowledge and skills of the subject being assessed]; [and]

(2) measure [allows for the measurement of] annual improvement in student achievement as provided by Subsection (c-1); and

(3) satisfy federal student testing requirements.

(e) Under rules adopted by the State Board of Education, every third year, the agency shall release the questions and answer keys to each assessment instrument administered under Subsection (a), (b), [(c), (d),] or (l)[, excluding any assessment instrument administered to a student for the purpose of retaking the assessment instrument,] after the last time the instrument is administered for that school year. To ensure a valid bank of questions for use each year, the agency is not required to release a question that is being field-tested and was not used to compute the student's score on the instrument. The agency shall also release, under board rule, each question that is no longer being field-tested and that was not used to compute a student's score.

(i) The provisions of this section[, except Subsection (d),] are subject to modification by rules adopted under Section 39.022. Each assessment instrument adopted under those rules [and each assessment instrument required under Subsection (d)] must be reliable and valid and must meet any applicable federal requirements for measurement of student progress.

(n) This subsection applies only to a student who is determined to have dyslexia or a related disorder and who is an individual with a disability under 29 U.S.C. Section 705(20) and its subsequent amendments. The agency shall adopt [or develop] appropriate [criterion-referenced] assessment instruments designed to assess the ability of and to be administered to each student to whom this subsection applies for whom the assessment instruments adopted under Subsection (a), even with allowable modifications, would not provide an appropriate measure of student achievement, as determined by the committee established by the board of trustees of the district to determine the placement of students with dyslexia or related disorders. The committee shall determine whether any allowable modification is necessary in administering to a student an assessment instrument required under this subsection. The assessment instruments required under this subsection shall be administered on the same schedule as the assessment instruments administered under Subsection (a).

(b) This section applies beginning with the 2013-2014 school year.

SECTION 33. (a) The heading to Section 39.025, Education Code, is amended to read as follows:

Sec. 39.025. USE OF ASSESSMENT INSTRUMENT [SECONDARY-LEVEL] PERFORMANCE [REQUIRED].

(b) This section applies beginning with the 2013-2014 school year.

SECTION 34. (a) Section 39.025(a), Education Code, is amended to read as follows:

(a) A norm-referenced assessment instrument administered under Section 39.023 may not be used by the agency, a school district, or a school as an indicator of student achievement for a purpose that would result in a sanction as to a student, including using an assessment instrument as a condition for promotion from one grade to the next or as a condition for graduation. [The commissioner shall adopt rules requiring a student participating in the recommended or advanced high school program to be administered each end-of-course assessment instrument listed in Section 39.023(c) and requiring a student participating in the minimum high school program to be administered an end-of-course assessment instrument listed in Section 39.023(c) only for a course in which the student is enrolled and for which an end-of-course assessment instrument is administered. A student is required to achieve, in each subject in the foundation curriculum under Section 28.002(a)(1), a cumulative score that is at least equal to the product of the number of end-of-course assessment instruments administered to the student in that subject and a scale score that indicates satisfactory performance, as determined by the commissioner under Section 39.0241(a). A student must achieve a minimum score as determined by the commissioner to be within a reasonable range of the scale score under Section 39.0241(a) on an end-of-course assessment instrument for the score to count towards the student's cumulative score. For purposes of this subsection, a student's cumulative score is determined using the student's highest score on each end-of-course assessment instrument administered to the student. A student may not receive a high school diploma until the student has performed satisfactorily on the end-of-course assessment instruments in the manner provided under this subsection. This subsection does not require a student to demonstrate readiness to enroll in an institution of higher education.]

(b) This section applies beginning with the 2013-2014 school year.

SECTION 35. (a) Section 39.026, Education Code, is amended to read as follows:

Sec. 39.026. LOCAL OPTION. In addition to the assessment instruments adopted by the agency and administered by the State Board of Education, a school district may adopt and administer criterion-referenced or norm-referenced assessment instruments, or both, at any grade level. [A norm-referenced assessment instrument adopted under this section must be economical, nationally recognized, and state-approved.]

(b) This section applies beginning with the 2013-2014 school year.

SECTION 36. (a) Section 39.028, Education Code, is amended to read as follows:

Sec. 39.028. COMPARISON OF STATE RESULTS TO NATIONAL RESULTS. The state assessment program shall obtain nationally comparative results for the subject areas and grade levels for which [criterion-referenced] assessment instruments are adopted under Section 39.023.

(b) This section applies beginning with the 2013-2014 school year.

SECTION 37. (a) Section 39.034(d), Education Code, is amended to read as follows:

(d) To the extent practicable, the [The] agency shall determine the necessary annual improvement required each year for a student to be prepared to perform satisfactorily on, as applicable:

(1) the grade five assessment instruments;

(2) the grade eight assessment instruments; and

(3) the [end-of-course] assessment instruments to be administered to high school students [required] under this subchapter [for graduation].

(b) This section applies beginning with the 2013-2014 school year.

SECTION 38. (a) Subchapter B, Chapter 39, Education Code, is amended by adding Section 39.038 to read as follows:

Sec. 39.038. PROHIBITION ON POLITICAL CONTRIBUTION OR ACTIVITY BY CERTAIN CONTRACTORS. (a) A person who is an agent of an entity that has been contracted to develop or implement assessment instruments required under Section 39.023 commits an offense if the person makes or authorizes a political contribution to or takes part in, directly or indirectly, the campaign of any person seeking election to or serving on the State Board of Education.

(b) A person who is an agent of an entity that has been contracted to develop or implement assessment instruments required under Section 39.023 commits an offense if the person serves as a member of a formal or informal advisory committee established by the commissioner, agency staff, or the State Board of Education to advise the commissioner, agency staff, or the State Board of Education regarding policies or implementation of the requirements of this subchapter.

(c) An offense under this section is a Class B misdemeanor.

(b) This section applies September 1, 2013.

SECTION 39. (a) Section 39.053(c), Education Code, is amended to read as follows:

(c) Indicators of student achievement adopted under this section must include:

(1) the results of assessment instruments required under Sections 39.023(a), (c), and (l), [including the results of assessment instruments required for graduation retaken by a student,] aggregated across grade levels by subject area, including:

(A) for the performance standard determined by the commissioner under Section 39.0241(a):

(i) the percentage of students who performed satisfactorily on the assessment instruments, aggregated across grade levels by subject area; and

(ii) for students who did not perform satisfactorily, the percentage of students who met the standard for annual improvement, as determined by the agency under Section 39.034, on the assessment instruments, aggregated across grade levels by subject area; and

(B) for the college readiness performance standard as determined under Section 39.0241:

(i) the percentage of students who performed satisfactorily on the assessment instruments, aggregated across grade levels by subject area; and

(ii) for students who did not perform satisfactorily, the percentage of students who met the standard for annual improvement, as determined by the agency under Section 39.034, on the assessment instruments, aggregated across grade levels by subject area;

(2) dropout rates, including dropout rates and district completion rates for grade levels 9 through 12, computed in accordance with standards and definitions adopted by the National Center for Education Statistics of the United States Department of Education; and

(3) high school graduation rates, computed in accordance with standards and definitions adopted in compliance with the No Child Left Behind Act of 2001 (20 U.S.C. Section 6301 et seq.).

(b) This section applies beginning with the 2013-2014 school year.

SECTION 40. (a) Section 39.053(f), Education Code, is amended to read as follows:

(f) Annually, the commissioner shall define the state standard for the current school year for each student achievement indicator described by Subsection (c) and shall project the state standards for each indicator for the following two school years. The commissioner shall periodically raise the state standards for the student achievement indicator described by Subsection (c)(1)(B)(i) for accreditation as necessary to reach the goals of achieving, by not later than the 2019-2020 school year:

(1) student performance in this state, disaggregated by race, ethnicity, and socioeconomic status, that ranks nationally in the top 10 states in terms of college readiness; and

(2) student performance, [including the percentage of students graduating under the recommended or advanced high school program,] with no significant achievement gaps by race, ethnicity, and socioeconomic status.

(b) This section applies beginning with the 2014-2015 school year.

SECTION 41. (a) Section 39.057(a), Education Code, is amended to read as follows:

(a) The commissioner shall authorize special accreditation investigations to be conducted:

(1) when excessive numbers of absences of students eligible to be tested on state assessment instruments are determined;

(2) when excessive numbers of allowable exemptions from the required state assessment instruments are determined;

(3) in response to complaints submitted to the agency with respect to alleged violations of civil rights or other requirements imposed on the state by federal law or court order;

(4) in response to established compliance reviews of the district's financial accounting practices and state and federal program requirements;

(5) when extraordinary numbers of student placements in disciplinary alternative education programs, other than placements under Sections 37.006 and 37.007, are determined;

(6) in response to an allegation involving a conflict between members of the board of trustees or between the board and the district administration if it appears that the conflict involves a violation of a role or duty of the board members or the administration clearly defined by this code;

(7) when excessive numbers of students in special education programs under Subchapter A, Chapter 29, are assessed through assessment instruments developed or adopted under Section 39.023(b);

(8) in response to an allegation regarding or an analysis using a statistical method result indicating a possible violation of an assessment instrument security procedure established under Section 39.0301, including for the purpose of investigating or auditing a school district under that section;

(9) [when a significant pattern of decreased academic performance has developed as a result of the promotion in the preceding two school years of students who did not perform satisfactorily as determined by the commissioner under Section 39.0241(a) on assessment instruments administered under Section 39.023(a), (c), or (l);

[(10) when excessive numbers of students graduate under the minimum high school program;

[(11)] when excessive numbers of students eligible to enroll fail to complete an advanced mathematics [Algebra II] course or any other advanced course determined by the commissioner [as distinguishing between students participating in the recommended high school program from students participating in the minimum high school program];

(10) [(12)] when resource allocation practices as evaluated under Section 39.0821 indicate a potential for significant improvement in resource allocation; or

(11) [(13)] as the commissioner otherwise determines necessary.

(b) This section applies beginning with the 2014-2015 school year.

SECTION 42. (a) Section 39.203(d), Education Code, is amended to read as follows:

(d) In addition to the distinction designations otherwise described by this section, the commissioner may award a distinction designation to a campus with a significant number of students below grade nine who perform satisfactorily on an [end-of-course] assessment instrument administered under Section 39.023(c).

(b) This section applies beginning with the 2013-2014 school year.

SECTION 43. (a) Section 39.234(a), Education Code, is amended to read as follows:

(a) Except as provided by Subsection (b), a school district or campus must use funds allocated under Section 42.160 to:

(1) implement or administer a college and workforce readiness program that provides academic support and instruction to prepare underachieving students for entrance into an institution of four-year, two-year, or technical postsecondary [higher] education;

(2) implement or administer a program that encourages students to pursue advanced academic opportunities, including rigorous career and technology education programs, early college high school programs and dual credit, advanced placement, and international baccalaureate courses;

(3) implement or administer a program that provides opportunities for students to take academically rigorous course work, including four years of mathematics and four years of science at the high school level;

(4) implement or administer a program, including online course support and professional development, that aligns the curriculum for grades six through 12 with postsecondary curriculum and expectations; or

(5) implement or administer science, technology, engineering, and mathematics (STEM) initiatives and other high school completion and success initiatives in grades six through 12 approved by the commissioner.

(b) This section applies beginning with the 2013-2014 school year.

SECTION 44. (a) Section 39.301(c), Education Code, is amended to read as follows:

(c) Indicators for reporting purposes must include:

(1) the percentage of graduating students who meet the course requirements established by State Board of Education rule for the minimum high school program, the recommended high school program, and the advanced high school program;

(2) the results of the SAT, ACT, articulated postsecondary degree programs described by Section 61.852, and certified workforce training programs described by Chapter 311, Labor Code;

(3) for students who have failed to perform satisfactorily, under each performance standard under Section 39.0241, on an assessment instrument required under Section 39.023(a) or (c), the performance of those students on subsequent assessment instruments required under those sections, aggregated by grade level and subject area;

(4) for each campus, the number of students, disaggregated by major student subpopulations, that agree under Section 28.025(b) to take courses under the minimum high school program;

(5) the percentage of students, aggregated by grade level, provided accelerated instruction under Section 28.0211(c)[, the results of assessment instruments administered under that section, the percentage of students promoted through the grade placement committee process under Section 28.0211, the subject of the assessment instrument on which each student failed to perform satisfactorily under each performance standard under Section 39.0241, and the performance of those students in the school year following that promotion on the assessment instruments required under Section 39.023];

(6) the percentage of students of limited English proficiency exempted from the administration of an assessment instrument under Sections 39.027(a)(1) and (2);

(7) the percentage of students in a special education program under Subchapter A, Chapter 29, assessed through assessment instruments developed or adopted under Section 39.023(b);

(8) the percentage of students who satisfy the college readiness measure;

(9) the measure of progress toward dual language proficiency under Section 39.034(b), for students of limited English proficiency, as defined by Section 29.052;

(10) the percentage of students who are not educationally disadvantaged;

(11) the percentage of students who enroll and begin instruction at an institution of higher education in the school year following high school graduation; and

(12) the percentage of students who successfully complete the first year of instruction at an institution of higher education without needing a developmental education course.

(b) This section applies beginning with the 2013-2014 school year.

SECTION 45. (a) Effective September 1, 2014, Section 39.301(c), Education Code, is amended to read as follows:

(c) Indicators for reporting purposes must include:

(1) [the percentage of graduating students who meet the course requirements established by State Board of Education rule for the minimum high school program, the recommended high school program, and the advanced high school program;

[(2)] the results of the SAT, ACT, articulated postsecondary degree programs described by Section 61.852, and certified workforce training programs described by Chapter 311, Labor Code;

(2) [(3)] for students who have failed to perform satisfactorily, under each performance standard under Section 39.0241, on an assessment instrument required under Section 39.023(a) or (c), the performance of those students on subsequent assessment instruments required under those sections, aggregated by grade level and subject area;

(3) [(4) for each campus, the number of students, disaggregated by major student subpopulations, that agree under Section 28.025(b) to take courses under the minimum high school program;

[(5)] the percentage of students, aggregated by grade level, provided accelerated instruction under Section 28.0211(c)[, the results of assessment instruments administered under that section, the percentage of students promoted through the grade placement committee process under Section 28.0211, the subject of the assessment instrument on which each student failed to perform satisfactorily under each performance standard under Section 39.0241, and the performance of those students in the school year following that promotion on the assessment instruments required under Section 39.023];

(4) [(6)] the percentage of students of limited English proficiency exempted from the administration of an assessment instrument under Sections 39.027(a)(1) and (2);

(5) [(7)] the percentage of students in a special education program under Subchapter A, Chapter 29, assessed through assessment instruments developed or adopted under Section 39.023(b);

(6) [(8)] the percentage of students who satisfy the college readiness measure;

(7) [(9)] the measure of progress toward dual language proficiency under Section 39.034(b), for students of limited English proficiency, as defined by Section 29.052;

(8) [(10)] the percentage of students who are not educationally disadvantaged;

(9) [(11)] the percentage of students who enroll and begin instruction at an institution of higher education in the school year following high school graduation; and

(10) [(12)] the percentage of students who successfully complete the first year of instruction at an institution of higher education without needing a developmental education course.

(b) This section applies beginning with the 2014-2015 school year.

SECTION 46. (a) Section 39.305(b), Education Code, is amended to read as follows:

(b) The report card shall include the following information:

(1) where applicable, the student achievement indicators described by Section 39.053(c) and the reporting indicators described by Sections 39.301(c)(1) through (3) [(5)];

(2) average class size by grade level and subject;

(3) the administrative and instructional costs per student, computed in a manner consistent with Section 44.0071; and

(4) the district's instructional expenditures ratio and instructional employees ratio computed under Section 44.0071, and the statewide average of those ratios, as determined by the commissioner.

(b) This section applies beginning with the 2014-2015 school year.

SECTION 47. (a) Sections 42.154(a) and (c), Education Code, are amended to read as follows:

(a) For each full-time equivalent student in average daily attendance in an approved career and technology education program in grades eight [nine] through 12 or in career and technology education programs for students with disabilities in grades seven through 12, a district is entitled to:

(1) an annual allotment equal to the adjusted basic allotment multiplied by a weight of 1.35; and

(2) $50, if the student is enrolled in:

(A) two or more advanced career and technology education classes for a total of three or more credits; or

(B) an advanced course as part of a tech-prep program under Subchapter T, Chapter 61.

(c) Funds allocated under this section, other than an indirect cost allotment established under State Board of Education rule, must be used in providing career and technology education programs in grades eight [nine] through 12 or career and technology education programs for students with disabilities in grades seven through 12 under Sections 29.182, 29.183, and 29.184.

(b) This section applies beginning with the 2013-2014 school year.

SECTION 48. (a) Section 51.3062(q-1), Education Code, is amended to read as follows:

(q-1) A student who has completed a recommended or advanced high school program as determined under Section 28.025 and demonstrated the performance standard for college readiness as provided by Section 39.024 in English language arts and mathematics on [the Algebra II and English III end-of-course] assessment instruments adopted under Section 39.023(c) is exempt from the requirements of this section with respect to those content areas. The commissioner of higher education by rule shall establish the period for which an exemption under this subsection is valid.

(b) This section applies beginning with the 2013-2014 school year.

SECTION 49. (a) Effective September 1, 2014, Section 51.3062(q-1), Education Code, is amended to read as follows:

(q-1) A student who has completed the foundation [a recommended or advanced] high school program as determined under Section 28.025 and demonstrated the performance standard for college readiness as provided by Section 39.024 in English language arts and mathematics on [the Algebra II and English III end-of-course] assessment instruments adopted under Section 39.023(c) is exempt from the requirements of this section with respect to those content areas. The commissioner of higher education by rule shall establish the period for which an exemption under this subsection is valid.

(b) This section applies beginning with the 2014-2015 school year.

SECTION 50. (a) Sections 51.803(a) and (d), Education Code, are amended to read as follows:

(a) Subject to Subsection (a-1), each general academic teaching institution shall admit an applicant for admission to the institution as an undergraduate student if the applicant graduated with a grade point average in the top 10 percent of the student's high school graduating class in one of the two school years preceding the academic year for which the applicant is applying for admission and:

(1) the applicant graduated from a public or private high school in this state accredited by a generally recognized accrediting organization or from a high school operated by the United States Department of Defense;

(2) the applicant:

(A) successfully completed:

(i) at a public high school, the curriculum requirements established under Section 28.025 for the foundation [recommended or advanced] high school program; or

(ii) at a high school to which Section 28.025 does not apply, a curriculum that is equivalent in content and rigor to the foundation [recommended or advanced] high school program; or

(B) satisfied ACT's College Readiness Benchmarks on the ACT assessment applicable to the applicant or earned on the SAT assessment a score of at least 1,500 out of 2,400 or the equivalent; and

(3) if the applicant graduated from a high school operated by the United States Department of Defense, the applicant is a Texas resident under Section 54.052 or is entitled to pay tuition fees at the rate provided for Texas residents under Section 54.241(d) [54.058(d)] for the term or semester to which admitted.

(d) For purposes of Subsection (c)(2), a student's official transcript or diploma must, not later than the end of the student's junior year, indicate[:

[(1)] whether the student has satisfied or is on schedule to satisfy the requirements of Subsection (a)(2)(A)(i) or (ii), as applicable[; or

[(2) if Subsection (b) applies to the student, whether the student has completed the portion of the recommended or advanced curriculum or of the curriculum equivalent in content and rigor, as applicable, that was available to the student].

(b) This section applies beginning with the 2014-2015 school year.

SECTION 51. (a) Section 51.804, Education Code, is amended to read as follows:

Sec. 51.804. ADDITIONAL AUTOMATIC ADMISSIONS: SELECTED INSTITUTIONS. For each academic year, the governing board of each general academic teaching institution shall determine whether to adopt an admissions policy under which an applicant to the institution as a first-time freshman student, other than an applicant eligible for admission under Section 51.803, shall be admitted to the institution if the applicant:

(1) graduated from a public or private high school in this state accredited by a generally recognized accrediting organization with a grade point average in the top 25 percent of the applicant's high school graduating class; and

(2) satisfies the requirements of:

(A) Section 51.803(a)(2)(A) or (B) [51.803(b), as applicable to the student, or Section 51.803 (a)(2)(B)]; and

(B) Sections 51.803(c)(2) and 51.803(d).

(b) This section applies beginning with the 2014-2015 school year.

SECTION 52. (a) Section 51.805(a), Education Code, is amended to read as follows:

(a) A graduating student who does not qualify for admission under Section 51.803 or 51.804 may apply to any general academic teaching institution if the student satisfies the requirements of:

(1) Section 51.803(a)(2)(A) or (B) [51.803(b), as applicable to the student, or Section 51.803(a)(2)(B)]; and

(2) Sections 51.803(c)(2) and 51.803(d).

(b) This section applies beginning with the 2014-2015 school year.

SECTION 53. (a) Section 51.807(b), Education Code, is amended to read as follows:

(b) The Texas Higher Education Coordinating Board, after consulting with the Texas Education Agency, by rule shall establish standards for determining for purposes of this subchapter:

(1) whether a private high school is accredited by a generally recognized accrediting organization; and

(2) whether a person completed a high school curriculum that is equivalent in content and rigor to the curriculum requirements established under Section 28.025 for the foundation [recommended or advanced] high school program.

(b) This section applies beginning with the 2014-2015 school year.

SECTION 54. (a) Subchapter A, Chapter 56, Education Code, is amended by adding Section 56.009 to read as follows:

Sec. 56.009. ELIGIBILITY BASED ON GRADUATION UNDER CERTAIN HIGH SCHOOL PROGRAMS. To the extent that a person's eligibility to participate in any program under this chapter, including Subchapters K, M, Q, and R, is contingent on the person graduating under the recommended or advanced high school program, as those programs existed before the adoption of __.B. No. _____, 83rd Legislature, Regular Session, 2013, the Texas Higher Education Coordinating Board and the commissioner of education shall jointly adopt rules to modify, clarify, or otherwise establish for affected programs appropriate eligibility requirements regarding high school curriculum completion.

(b) This section applies beginning with the 2014-2015 school year.

SECTION 55. (a) Section 61.0517(a), Education Code, is amended to read as follows:

(a) In this section, "applied STEM course" means an applied science, technology, engineering, or mathematics course offered as part of a school district's career and technology education curriculum and approved[, as provided by Section 28.027,] by the State Board of Education for purposes of satisfying the mathematics and science curriculum requirements for the foundation [recommended] high school program [imposed] under Section 28.025 [28.025(b-1)(1)(A)].

(b) This section applies beginning with the 2014-2015 school year.

SECTION 56. (a) Section 61.792(b), Education Code, is amended to read as follows:

(b) To qualify for a scholarship under this section, a student must:

(1) have graduated with a grade point average in the top 20 percent of the student's high school graduating class;

(2) have graduated from high school with a grade point average of at least 3.5 on a four-point scale or the equivalent in mathematics and science courses offered under the foundation [recommended or advanced] high school program under Section 28.025 [28.025(a)]; and

(3) maintain an overall grade point average of at least 3.0 on a four-point scale at the general academic teaching institution or the private or independent institution of higher education in which the student is enrolled.

(b) This section applies beginning with the 2014-2015 school year.

SECTION 57. (a) Section 61.852(a), Education Code, is amended to read as follows:

(a) A tech-prep program is a program of study that:

(1) combines at least two years of secondary education with at least two years of postsecondary education in a nonduplicative, sequential course of study based on the foundation [recommended] high school program adopted by the State Board of Education under Section 28.025 [28.025(a)];

(2) integrates academic instruction and vocational and technical instruction;

(3) uses work-based and worksite learning where available and appropriate;

(4) provides technical preparation in a career field such as engineering technology, applied science, a mechanical, industrial, or practical art or trade, agriculture, health occupations, business, or applied economics;

(5) builds student competence in mathematics, science, reading, writing, communications, economics, and workplace skills through applied, contextual academics and integrated instruction in a coherent sequence of courses;

(6) leads to an associate degree, two-year postsecondary certificate, or postsecondary two-year apprenticeship with provisions, to the extent applicable, for students to continue toward completion of a baccalaureate degree; and

(7) leads to placement in appropriate employment or to further education.

(b) This section applies beginning with the 2014-2015 school year.

SECTION 58. (a) Section 61.855(d), Education Code, is amended to read as follows:

(d) A tech-prep program must:

(1) be implemented under an articulation agreement between the participants in the consortium;

(2) consist of two to four years of secondary school preceding graduation and:

(A) two or more years of higher education; or

(B) two or more years of apprenticeship following secondary instruction;

(3) have a common core of required proficiency based on the foundation [recommended] high school program adopted by the State Board of Education under Section 28.025 [28.025(a)], with proficiencies in mathematics, science, reading, writing, communications, and technologies designed to lead to an associate's degree or postsecondary certificate in a specific career field;

(4) include the development of tech-prep program curricula for both secondary and postsecondary participants in the consortium that:

(A) meets academic standards developed by the state;

(B) links secondary schools and two-year postsecondary institutions, and, if practicable, four-year institutions of higher education through nonduplicative sequences of courses in career fields, including the investigation of opportunities for tech-prep students to enroll concurrently in secondary and postsecondary course work;

(C) uses, if appropriate and available, work-based or worksite learning in conjunction with business and all aspects of an industry; and

(D) uses educational technology and distance learning, as appropriate, to involve each consortium participant more fully in the development and operation of programs;

(5) include in-service training for teachers that:

(A) is designed to train vocational and technical teachers to effectively implement tech-prep programs;

(B) provides for joint training for teachers in the tech-prep consortium;

(C) is designed to ensure that teachers and administrators stay current with the needs, expectations, and methods of business and of all aspects of an industry;

(D) focuses on training postsecondary education faculty in the use of contextual and applied curricula and instruction; and

(E) provides training in the use and application of technology;

(6) include training programs for counselors designed to enable counselors to more effectively:

(A) provide information to students regarding tech-prep programs;

(B) support student progress in completing tech-prep programs;

(C) provide information on related employment opportunities;

(D) ensure that tech-prep students are placed in appropriate employment; and

(E) stay current with the needs, expectations, and methods of business and of all aspects of an industry;

(7) provide equal access to the full range of tech-prep programs for individuals who are members of special populations, including by the development of tech-prep program services appropriate to the needs of special populations; and

(8) provide for preparatory services that assist participants in tech-prep programs.

(b) This section applies beginning with the 2014-2015 school year.

SECTION 59. (a) Section 61.861(c), Education Code, is amended to read as follows:

(c) A course developed for purposes of this section must:

(1) provide content that enables a student to develop the relevant and critical skills needed to be prepared for employment or additional training in a high-demand occupation;

(2) incorporate college and career readiness skills as part of the curriculum;

(3) be offered for dual credit; and

(4) satisfy a mathematics or science requirement under the foundation [recommended or advanced] high school program as determined under Section 28.025.

(b) This section applies beginning with the 2014-2015 school year.

SECTION 60. (a) Section 61.864, Education Code, is amended to read as follows:

Sec. 61.864. REVIEW OF COURSES. Courses for which a grant is awarded under this subchapter shall be reviewed by the commissioner of higher education and the commissioner of education, in consultation with the comptroller and the Texas Workforce Commission, once every four years to determine whether the course:

(1) is being used by public educational institutions in this state;

(2) prepares high school students with the skills necessary for employment in the high-demand occupation and further postsecondary study; and

(3) satisfies a mathematics or science requirement for the foundation [recommended or advanced] high school program as determined under Section 28.025.

(b) This section applies beginning with the 2014-2015 school year.

SECTION 61. (a) Section 78.10(b), Education Code, is amended to read as follows:

(b) The Texas Academy of Mathematics and Science is a division of The University of Texas at Brownsville and is under the management and control of the board. The academy serves the following purposes:

(1) to provide academically gifted and highly motivated junior and senior high school students with a challenging university-level curriculum that:

(A) allows students to complete high school graduation requirements[, including requirements adopted] under Section 28.025 for the foundation [advanced] high school program, while attending for academic credit a public institution of higher education;

(B) fosters students' knowledge of real-world mathematics and science issues and applications and teaches students to apply critical thinking and problem-solving skills to those issues and problems;

(C) includes the study of English, foreign languages, social studies, mathematics, science, and technology; and

(D) offers students learning opportunities related to mathematics and science through in-depth research and field-based studies;

(2) to provide students with an awareness of mathematics and science careers and professional development opportunities through seminars, workshops, collaboration with postsecondary and university students including opportunities for summer studies, internships in foreign countries, and similar methods; and

(3) to provide students with social development activities that enrich the academic curriculum and student life, including, as determined appropriate by the academy, University Interscholastic League activities and other extracurricular activities.

(b) This section applies beginning with the 2014-2015 school year.

SECTION 62. (a) Section 87.505(b), Education Code, is amended to read as follows:

(b) The Texas Academy of International Studies is a division of Texas A&M International University and is under the management and control of the board. The academy serves the following purposes:

(1) to provide academically gifted and highly motivated junior and senior high school students with a challenging university-level curriculum that:

(A) allows students to complete high school graduation requirements[, including requirements adopted] under Section 28.025 for the foundation [advanced] high school program, while attending for academic credit a public institution of higher education;

(B) fosters students' knowledge of real-world international issues and problems and teaches students to apply critical thinking and problem-solving skills to those issues and problems;

(C) includes the study of English, foreign languages, social studies, anthropology, and sociology;

(D) is presented through an interdisciplinary approach that introduces and develops issues, especially issues related to international concerns, throughout the curriculum; and

(E) offers students learning opportunities related to international issues through in-depth research and field-based studies;

(2) to provide students with an awareness of international career and professional development opportunities through seminars, workshops, collaboration with postsecondary students from other countries, summer academic international studies internships in foreign countries, and similar methods; and

(3) to provide students with social development activities that enrich the academic curriculum and student life, including, as determined appropriate by the academy, University Interscholastic League activities and other extracurricular activities generally offered by public high schools.

(b) This section applies beginning with the 2014-2015 school year.

SECTION 63. (a) Effective September 1, 2013, the following provisions of the Education Code are repealed:

(1) Sections 28.014(c), (d), and (f);

(2) Sections 28.0211(a), (a-2), (e), (g), (n), (o), and (p);

(3) Sections 39.023(c-2), (c-3), (d), (g), and (o);

(4) Section 39.0231;

(5) Section 39.0232;

(6) Section 39.0233;

(7) Sections 39.024(b), (c), (d), (e), (f), (g), (h), and (i);

(8) Section 39.0241(a-2);

(9) Section 39.0242;

(10) Sections 39.025(a-1), (a-2), (a-3), (b), (b-1), (b-2), (c), (c-1), (d), (e), (e-1), (f), and (g);

(11) Section 39.053(d);

(12) Section 42.154(d); and

(13) Section 51.3062(q).

(b) Effective September 1, 2014, the following provisions of the Education Code are repealed:

(1) Section 28.002(q),

(2) Sections 28.025(b-4), (b-5), (b-6), (b-8), (d), and (g);

(3) Section 28.027;

(4) Section 30.104(c); and

(5) Section 51.803(b).

SECTION 64. To the extent of any conflict, this Act prevails over another Act of the 83rd Legislature, Regular Session, 2013, relating to nonsubstantive additions to and corrections in enacted codes.

SECTION 65. Except as otherwise provided by this Act, 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, 2013.