83R7037 CAS-D
 
  By: Patrick, et al. S.B. No. 3
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to public high school graduation, including curriculum
  requirements for graduation and funding in support of certain
  curriculum authorized for graduation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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.
         SECTION 2.  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.
         SECTION 3.  Sections 28.0212(a), (b), (c), and (e),
  Education Code, are amended to read as follows:
         (a)  A principal shall designate a guidance counselor,
  teacher, or other appropriate individual to develop and administer
  a personal graduation plan for each student enrolled in a junior
  high, middle, or high school [who:
               [(1)     does not perform satisfactorily on an assessment
  instrument administered under Subchapter B, Chapter 39; or
               [(2)     is not likely to receive a high school diploma
  before the fifth school year following the student's enrollment in
  grade level nine, as determined by the district].
         (b)  Notwithstanding any other provision of this section, a
  [A] personal graduation plan for a student enrolled in a junior
  high, middle, or high school who does not perform satisfactorily on
  an assessment instrument administered under Subchapter B, Chapter
  39, or who is not likely to receive a high school diploma before the
  fifth school year following the student's enrollment in grade level
  nine, as determined by the school district, must at a minimum:
               (1)  identify educational goals for the student;
               (2)  include diagnostic information, appropriate
  monitoring and intervention, and other evaluation strategies;
               (3)  include an intensive instruction program
  described by Section 28.0213;
               (4)  address participation of the student's parent or
  guardian, including consideration of the parent's or guardian's
  educational expectations for the student; and
               (5)  provide innovative methods to promote the
  student's advancement, including flexible scheduling, alternative
  learning environments, on-line instruction, and other
  interventions that are proven to accelerate the learning process
  and have been scientifically validated to improve learning and
  cognitive ability.
         (c)  Notwithstanding any other provision of this section 
  [Subsection (b)], a student's individualized education program
  developed under Section 29.005 may be used as the student's
  personal graduation plan under this section.
         (e)  A personal graduation plan [Each school district is
  encouraged to establish] for each student entering grade nine must
  identify [a personal graduation plan that identifies] a course of
  study that:
               (1)  promotes:
                     (A)  college and workforce readiness; and
                     (B)  career placement and advancement; and
               (2)  facilitates the student's transition from
  secondary to postsecondary education.
         SECTION 4.  Section 28.025, Education Code, is amended by
  amending Subsections (a), (b), (b-1), (b-4), (b-5), (b-7), (b-9),
  (b-10), (b-11), and (e) and adding Subsections (c-1), (c-2), (c-3),
  (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 otherwise provided by this section [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 foundation high school [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);
               (2)  three credits in mathematics under Section
  28.002(a)(1)(B);
               (3)  two credits in science under Section
  28.002(a)(1)(C);
               (4)  three credits in social studies under Section
  28.002(a)(1)(D) [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];
               (5)  11-1/2 [(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];
               (6)  one-half credit in speech;
               (7) [(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) or, at the option of the student, one credit in
  career and technology education under Section 28.002(a)(2)(E); and
               (8) [(B)]  except as provided by Subsection (b-11), one
  credit in physical education under Section 28.002(a)(2)(C).
         (b-4)  A school district may offer the curriculum described
  in Subsections (b-1)(1) through (4) [Subsection (b-1)(1)(A)] in an
  applied manner.  Courses delivered in an applied manner must cover
  the essential knowledge and skills, and the student shall be
  administered the applicable end-of-course assessment instrument as
  provided by Sections 39.023(c) and 39.025.
         (b-5)  A school district may offer a mathematics or science
  course to be taken by a student after completion of Algebra II and
  physics [to comply with the recommended program requirements in
  Subsection (b-1)(1)(A)].  A course approved under this subsection
  must be endorsed by an institution of higher education as a course
  for which the institution would award course credit or as a
  prerequisite for a course for which the institution would award
  course credit.
         (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 to earn
  an endorsement under Subsection (c-1)(2)(D), (c-1)(3)(D), or
  (c-1)(4)(B)(iv) [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)  The agency shall establish a pilot program allowing a
  student 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)(7) [(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)(8) [(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)(8) 
  [(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.
         (c-1)  A student who successfully completes the curriculum
  requirements for the foundation high school program under this
  section may earn any of the following endorsements on the student's
  diploma and transcript as follows:
               (1)  a business and industry endorsement by earning one
  additional credit in science;
               (2)  an academic achievement in arts and humanities
  endorsement by earning:
                     (A)  one additional credit in science;
                     (B)  one additional credit in social studies;
                     (C)  one additional credit in either fine arts or
  career and technology education, regardless of whether the
  student's credit for the foundation high school program is in fine
  arts or career and technology education; and
                     (D)  two credits in the same language other than
  English;
               (3)  an academic achievement in science, technology,
  engineering, and mathematics (STEM) endorsement by earning:
                     (A)  one additional credit in mathematics;
                     (B)  two additional credits in science;
                     (C)  one additional credit in either fine arts or
  career and technology education, regardless of whether the
  student's credit for the foundation high school program is in fine
  arts or career and technology education; and
                     (D)  two credits in the same language other than
  English; and
               (4)  a distinguished achievement endorsement by:
                     (A)  successfully completing English III and
  Algebra II courses and performing at the distinguished level
  standard of performance as determined by the commissioner under
  Section 39.0241(a-3) on the end-of-course assessment instruments
  under Section 39.023(c) for each of those courses; and
                     (B)  earning:
                           (i)  one additional credit in mathematics;
                           (ii)  two additional credits in science;
                           (iii)  one additional credit in social
  studies; and
                           (iv)  three credits in the same language
  other than English.
         (c-2)  The State Board of Education shall designate the
  specific courses required for an endorsement under Subsection (c-1)
  for courses included in the foundation curriculum under Section
  28.002(a)(1).
         (c-3)  A student's diploma must clearly indicate any
  endorsement under Subsection (c-1) that a student has earned.
         (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 and to clearly indicate an endorsement under
  Subsection (c-1) that a student has earned.
         (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 2013-2014 school year.
  Under the transition plan, a student who entered the ninth grade
  before the 2013-2014 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
  makes the choice during the 2013-2014 school year to take courses
  under that 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 2013-2014 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 2013-2014 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 2013-2014 school year.
         (h-1)  This subsection and Subsection (h) expire September
  1, 2017.
         SECTION 5.  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.
         SECTION 6.  Section 28.027(b), Education Code, is amended to
  read as follows:
         (b)  The State Board of Education shall establish a process
  under which an applied STEM course may be reviewed and approved 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)] through
  substitution of the applied STEM course for a specific mathematics
  or science course otherwise required under the foundation 
  [recommended] high school program [and completed during the
  student's fourth year of mathematics or science course work].  [The
  State Board of Education may only approve a course to substitute for
  a mathematics course taken after successful completion of Algebra I
  and geometry and after successful completion of or concurrently
  with Algebra II.]  The State Board of Education may only approve a
  course to substitute for a science course taken after successful
  completion of biology [and chemistry and after successful
  completion of or concurrently with physics].
         SECTION 7.  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.
         SECTION 8.  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) 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.
         SECTION 9.  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.
         SECTION 10.  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.
         SECTION 11.  Section 39.0241, Education Code, is amended by
  amending Subsection (a-2) and adding Subsection (a-3) to read as
  follows:
         (a-2)  For the purpose of establishing performance across
  grade levels, the commissioner shall establish:
               (1)  the performance standards for the Algebra II and
  English III end-of-course assessment instruments, as provided
  under Section 39.024(b) and under Subsections [Subsection] (a) and
  (a-3);
               (2)  the performance standards for the Algebra I and
  English II end-of-course assessment instruments, as determined
  based on studies under Section 39.0242 that correlate student
  performance on the Algebra I and English II end-of-course
  assessment instruments with student performance on the Algebra II
  and English III assessment instruments;
               (3)  the performance standards for the English I
  end-of-course assessment instrument, as determined based on
  studies under Section 39.0242 that correlate student performance on
  the English I end-of-course assessment instrument with student
  performance on the English II assessment instrument;
               (4)  the performance standards for the grade eight
  assessment instruments, as determined based on studies under
  Section 39.0242 that correlate student performance on the grade
  eight assessment instruments with student performance on the
  Algebra I and English I end-of-course assessment instruments in the
  same content area; and
               (5)  the performance standards on the assessment
  instruments in each of grades three through seven, as determined
  based on studies under Section 39.0242 that correlate student
  performance in the same content area on the assessment instrument
  for each grade with student performance on the assessment
  instrument in the succeeding grade.
         (a-3)  The commissioner shall determine the level of
  performance considered to be distinguished performance on the
  assessment instruments. The distinguished level of performance
  must be a level of performance that is higher than satisfactory
  performance as determined under Subsection (a).
         SECTION 12.  Section 39.0242(e), Education Code, is amended
  to read as follows:
         (e)  Based on the data collected and studies performed
  periodically under Subsection (d), the commissioner shall increase
  the rigor of the performance standard established under Section
  39.0241(a) or (a-3) as the commissioner determines necessary.
         SECTION 13.  Section 39.025(a), Education Code, is amended
  to read as follows:
         (a)  The commissioner shall adopt rules requiring a student
  [participating] in the foundation [recommended or advanced] high
  school program under Section 28.025 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.
         SECTION 14.  Sections 39.053(c), (f), and (i), Education
  Code, are 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; and
                     (C)  for the performance standard determined by
  the commissioner under Section 39.0241(a-3):
                           (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.).
         (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.
         (i)  The commissioner by rule shall adopt accountability
  measures to be used in assessing the progress of students who have
  failed to perform satisfactorily as determined by the commissioner
  under any performance standard under Section 39.0241 [39.0241(a) or
  under the college readiness standard as determined under Section
  39.0241] in the preceding school year on an assessment instrument
  required under Section 39.023(a), (c), or (l).
         SECTION 15.  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 Algebra II course or any other advanced
  course as determined by the commissioner [as distinguishing between
  students participating in the recommended high school program from
  students participating in the minimum high school program];
               (11) [(12)]  when resource allocation practices as
  evaluated under Section 39.0821 indicate a potential for
  significant improvement in resource allocation; or
               (12) [(13)]  as the commissioner otherwise determines
  necessary.
         SECTION 16.  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 under Section 28.025(c-1) for
  endorsements under that section [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 foundation [minimum]
  high school program and take additional courses to earn an
  endorsement under Section 28.025(c-1), disaggregated by type of
  endorsement;
               (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.
         SECTION 17.  Section 39.303(b), Education Code, is amended
  to read as follows:
         (b)  For a student who failed to perform satisfactorily as
  determined under any [either] performance standard under Section
  39.0241 on an assessment instrument administered under Section
  39.023(a), (c), or (l), the school district shall include in the
  notice specific information relating to access to educational
  resources at the appropriate assessment instrument content level,
  including assessment instrument questions and answers released
  under Section 39.023(e).
         SECTION 18.  Section 42.154(a), Education Code, is 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 in grades nine through 12
  and 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.
         SECTION 19.  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 on the Algebra II
  and English III end-of-course assessment instruments 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.
         SECTION 20.  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].
         SECTION 21.  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).
         SECTION 22.  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).
         SECTION 23.  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.
         SECTION 24.  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.
         SECTION 25.  Section 56.3041, Education Code, is amended to
  read as follows:
         Sec. 56.3041.  INITIAL ELIGIBILITY OF PERSON GRADUATING FROM
  HIGH SCHOOL ON OR AFTER MAY 1, 2013, AND ENROLLING IN A GENERAL
  ACADEMIC TEACHING INSTITUTION.  Notwithstanding Section 56.304(a),
  to be eligible initially for a TEXAS grant, a person graduating from
  high school on or after May 1, 2013, and enrolling in a general
  academic teaching institution must:
               (1)  be a resident of this state as determined by
  coordinating board rules;
               (2)  meet the academic requirements prescribed by
  Paragraph (A), (B), or (C) as follows:
                     (A)  be a graduate of a public or accredited
  private high school in this state who completed the foundation 
  [recommended] high school program established under Section 28.025
  or its equivalent and have accomplished any two or more of the
  following:
                           (i)  [graduation under the advanced high
  school program established under Section 28.025 or its equivalent,]
  successful completion of the course requirements of the
  international baccalaureate diploma program[,] or earning of the
  equivalent of at least 12 semester credit hours of college credit in
  high school through courses described in Sections 28.009(a)(1),
  (2), and (3);
                           (ii)  satisfaction of the Texas Success
  Initiative (TSI) college readiness benchmarks prescribed by the
  coordinating board under Section 51.3062(f) on any assessment
  instrument designated by the coordinating board under Section
  51.3062(c) [or (e)] or qualification for an exemption as described
  by Section 51.3062(p), (q), or (q-1);
                           (iii)  graduation in the top one-third of
  the person's high school graduating class or graduation from high
  school with a grade point average of at least 3.0 on a four-point
  scale or the equivalent; or
                           (iv)  completion for high school credit of
  at least one advanced mathematics course following the successful
  completion of an Algebra II course, as designated by the
  coordinating board by rule in consultation with the State Board of
  Education, [permitted by Section 28.025(b-3),] or at least one
  advanced career and technical course, as designated by the
  coordinating board by rule in consultation with the State Board of
  Education [permitted by Section 28.025(b-2)];
                     (B)  have received an associate degree from a
  public or private institution of higher education; or
                     (C)  if sufficient money is available, meet the
  eligibility criteria described by Section 56.304(a)(2)(A);
               (3)  meet financial need requirements established by
  the coordinating board;
               (4)  be enrolled in an undergraduate degree or
  certificate program at the general academic teaching institution;
               (5)  except as provided under rules adopted under
  Section 56.304(h), be enrolled as:
                     (A)  an entering undergraduate student for at
  least three-fourths of a full course load, as determined by the
  coordinating board, not later than the 16th month after the
  calendar month in which the person graduated from high school;
                     (B)  an entering undergraduate student who
  entered military service not later than the first anniversary of
  the date the person graduated from high school and who enrolled for
  at least three-fourths of a full course load, as determined by the
  coordinating board, at the general academic teaching institution
  not later than 12 months after being honorably discharged from
  military service; or
                     (C)  a continuing undergraduate student for at
  least three-fourths of a full course load, as determined by the
  coordinating board, not later than the 12th month after the
  calendar month in which the person received an associate degree
  from a public or private institution of higher education;
               (6)  have applied for any available financial aid or
  assistance; and
               (7)  comply with any additional nonacademic
  requirements adopted by the coordinating board under this
  subchapter.
         SECTION 26.  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)].
         SECTION 27.  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.
         SECTION 28.  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.
         SECTION 29.  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.
         SECTION 30.  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.
         SECTION 31.  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.
         SECTION 32.  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.
         SECTION 33.  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.
         SECTION 34.  The following provisions of the Education Code
  are repealed:
               (1)  Section 28.002(q);
               (2)  Section 28.0212(g);
               (3)  Sections 28.025(b-2), (b-3), (b-6), (b-8), and
  (g);
               (4)  Sections 39.025(a-2) and (a-3); and
               (5)  Section 51.803(b).
         SECTION 35.  Section 39.025, Education Code, as amended by
  this Act, applies only to students who have entered or will enter
  the ninth grade during the 2011-2012 school year or a later school
  year.
         SECTION 36.  The Texas Higher Education Coordinating Board
  shall adopt rules in accordance with Section 56.3041(2)(A)(iv),
  Education Code, as amended by this Act, as soon as practicable after
  the date this Act takes effect. For that purpose, the board may
  adopt the initial rules in the manner provided by law for adoption
  of emergency rules.
         SECTION 37.  This Act applies beginning with the 2013-2014
  school year.
         SECTION 38.  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.