Law:Title 2. Public Education. Subtitle F. Curriculum, Programs, And Services (Texas)

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Subtitle F. Curriculum, Programs, And Services

Contents

Chapter 28. Courses Of Study; Advancement

Subchapter A. Essential Knowledge And Skills; Curriculum

Section  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 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.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.



Section  28.002.  Required Curriculum.

(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;

(C)  science; and

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

(F)  career and technology education;

(G)  technology applications; and

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

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

(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 textbooks 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.

(c-1)  The State Board of Education shall adopt rules requiring students enrolled in grade levels six, seven, and eight to complete at least one fine arts course during those grade levels as part of a district's fine arts curriculum.

 

Text of subsection as added by Acts 2009, 81st Leg., R.S., Ch. 773, Sec. 1

 

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

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

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

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

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

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

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

(5)  offers students both cooperative and competitive games;

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

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

(8)  teaches self-management and movement skills;

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

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

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

 

Text of subsection as added by Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 25

 

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

(e)  American Sign Language is a language for purposes of Subsection (a)(2)(A). A public school may offer an elective course in the language.

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

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

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

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

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

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

(l)  A school district shall require a student enrolled in full-day prekindergarten, in kindergarten, or in a grade level below grade six to participate in moderate or vigorous daily physical activity for at least 30 minutes throughout the school year as part of the district's physical education curriculum or through structured activity during a school campus's daily recess.  To the extent practicable, a school district shall require a student enrolled in prekindergarten on less than a full-day basis to participate in the same type and amount of physical activity as a student enrolled in full-day prekindergarten. A school district shall require students enrolled in grade levels six, seven, and eight to participate in moderate or vigorous daily physical activity for at least 30 minutes for at least four semesters during those grade levels as part of the district's physical education curriculum.  If a school district determines, for any particular grade level below grade six, that requiring moderate or vigorous daily physical activity is impractical due to scheduling concerns or other factors, the district may as an alternative require a student in that grade level to participate in moderate or vigorous physical activity for at least 135 minutes during each school week.  Additionally, a school district may as an alternative require a student enrolled in a grade level for which the district uses block scheduling to participate in moderate or vigorous physical activity for at least 225 minutes during each period of two school weeks.  A school district must provide for an exemption for:

(1)  any student who is unable to participate in the required physical activity because of illness or disability; and

(2)  a middle school or junior high school student who participates in an extracurricular activity with a moderate or vigorous physical activity component that is considered a structured activity under rules adopted by the commissioner.

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

(l-2)  To encourage school districts to promote physical activity for children through classroom curricula for health and physical education, the agency, in consultation with the Department of State Health Services, shall designate nationally recognized health and physical education program guidelines that a school district may use in the health curriculum under Subsection (a)(2)(B) or the physical education curriculum under Subsection (a)(2)(C).

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

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

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

(B)  children at a school-designated function.

(m)  Section 2001.039, Government Code, as added by Chapter 1499, Acts of the 76th Legislature, Regular Session, 1999, does not apply to a rule adopted by the State Board of Education under Subsection (c) or (d).

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

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

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

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

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

(p-2)  A school district may develop or adopt research-based programs and curriculum materials for use in conjunction with the program developed under Subsection (p).  The programs and curriculum materials may provide instruction in:

(1)  child development;

(2)  parenting skills, including child abuse and neglect prevention; and

(3)  assertiveness skills to prevent teenage pregnancy, abusive relationships, and family violence.

(p-3)  The agency shall evaluate programs and curriculum materials developed under Subsection (p-2) and distribute to other school districts information regarding those programs and materials.

(p-4)  A student under 14 years of age may not participate in a program developed under Subsection (p) without the permission of the student's parent or person standing in parental relation to the student.

(q)  Notwithstanding any other provision of this title, a school district may not vary the curriculum for a course in the required curriculum under Subsection (a) based on whether a student is enrolled in the minimum, recognized, or advanced high school program.

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

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1285, Sec. 4.02, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 907, Sec. 1, eff. June 14, 2001; Acts 2001, 77th Leg., ch. 925, Sec. 3, eff. June 14, 2001; Acts 2003, 78th Leg., ch. 61, Sec. 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1264, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1275, Sec. 2(14), eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 784, Sec. 1, eff. June 17, 2005.

Acts 2007, 80th Leg., R.S., Ch. 254, Sec. 1, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch. 856, Sec. 3, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch. 1377, Sec. 1, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch. 529, Sec. 2, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch. 773, Sec. 1, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 25, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1419, Sec. 1, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1421, Sec. 1, eff. June 19, 2009.



Section 28.0021.  Personal Financial Literacy.

(a) The Texas essential knowledge and skills and Section 28.025 shall require instruction in personal financial literacy in one or more courses required for high school graduation.

Added by Acts 2005, 79th Leg., Ch. 494, Sec. 1, eff. September 1, 2005.



For expiration of this section, see Subsection (f).

Section 28.0022.  Review Panel For Career And Technical Education Curriculum.

(a) Not later than November 1, 2007, the agency shall establish a panel under this section to:

(1)  review and recommend revisions to the career and technical education curriculum under Section 28.002(a)(2)(F); and

(2)  review and recommend revisions for the program in which high schools and articulated postsecondary institutions allow high school students to take advanced technical credit courses.

(b)  The panel established under this section shall consist of:

(1)  individuals who have expertise developing or administering career and technical education programs; and

(2)  employers who hire students who have obtained certification or credentials under a career and technical education program.

(c)  A member of the panel serves on a voluntary basis without compensation.

(d)  Not later than November 1, 2008, the panel shall:

(1)  complete the review as required by this section of:

(A)  the career and technical education curriculum; and

(B)  the program under which high schools and articulated postsecondary institutions allow high school students to take advanced technical credit courses; and

(2)  make recommendations to the State Board of Education as necessary to:

(A)  increase the academic rigor of the career and technical education curriculum under Section 28.002(a)(2)(F); and

(B)  improve and increase participation in the program under which high schools and articulated postsecondary institutions allow high school students to take advanced technical credit courses.

(e)  Not later than September 1, 2009, the State Board of Education by rule shall revise the essential knowledge and skills of the career and technical education curriculum as provided by Section 28.002(c) based on the recommendations of the panel under Subsection (d). The State Board of Education shall require school districts to provide instruction in the career and technical education curriculum, as revised under this subsection, beginning with the 2010-2011 school year.

(f)  This section expires September 1, 2014.

Added by Acts 2007, 80th Leg., R.S., Ch. 763, Sec. 1, eff. June 15, 2007.



Section 28.0023.  Cardiopulmonary Resuscitation And Automated External Defibrillator Instruction.

(a) In this section, "automated external defibrillator" has the meaning assigned by Section 779.001, Health and Safety Code.

(b)  The State Board of Education by rule shall include elements relating to instruction in cardiopulmonary resuscitation and the use of an automated external defibrillator as part of the essential knowledge and skills of the health curriculum under Section 28.002(a)(2)(B).

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

Added by Acts 2007, 80th Leg., R.S., Ch. 1371, Sec. 4, eff. June 15, 2007.



Section  28.003.  Educational Program Access.

(a) If the parents or guardians of at least 22 students at a school request a transfer for the same school year to another school in the district for the purpose of enrolling in an educational program offered at that school, beginning with the following school year the district shall:

(1)  offer the program at the school from which the transfers were requested; or

(2)  offer the program at the school from which the transfers were requested by teleconference, if available to the district.

(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)(F).

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.



Section  28.004.  Local School Health Advisory Council And Health Education Instruction.

(a) The board of trustees of each school district shall establish a local school health advisory council to assist the district in ensuring that local community values are reflected in the district's health education instruction.

(b)  A school district must consider the recommendations of the local school health advisory council before changing the district's health education curriculum or instruction.

(c)  The local school health advisory council's duties include recommending:

(1)  the number of hours of instruction to be provided in health education;

(2)  curriculum appropriate for specific grade levels designed to prevent obesity, cardiovascular disease, and Type 2 diabetes through coordination of:

(A)  health education;

(B)  physical education and physical activity;

(C)  nutrition services;

(D)  parental involvement; and

(E)  instruction to prevent the use of tobacco;

(3)  appropriate grade levels and methods of instruction for human sexuality instruction; and

(4)  strategies for integrating the curriculum components specified by Subdivision (2) with the following elements in a coordinated school health program for the district:

(A)  school health services;

(B)  counseling and guidance services;

(C)  a safe and healthy school environment; and

(D)  school employee wellness.

(d)  The board of trustees shall appoint at least five members to the local school health advisory council.  A majority of the members must be persons who are parents of students enrolled in the district and who are not employed by the district.  One of those members shall serve as chair or co-chair of the council.  The board of trustees also may appoint one or more persons from each of the following groups or a representative from a group other than a group specified under this subsection:

(1)  public school teachers;

(2)  public school administrators;

(3)  district students;

(4)  health care professionals;

(5)  the business community;

(6)  law enforcement;

(7)  senior citizens;

(8)  the clergy; and

(9)  nonprofit health organizations.

(d-1)  The local school health advisory council shall meet at least four times each year.

(e)  Any course materials and instruction relating to human sexuality, sexually transmitted diseases, or human immunodeficiency virus or acquired immune deficiency syndrome shall be selected by the board of trustees with the advice of the local school health advisory council and must:

(1)  present abstinence from sexual activity as the preferred choice of behavior in relationship to all sexual activity for unmarried persons of school age;

(2)  devote more attention to abstinence from sexual activity than to any other behavior;

(3)  emphasize that abstinence from sexual activity, if used consistently and correctly, is the only method that is 100 percent effective in preventing pregnancy, sexually transmitted diseases, infection with human immunodeficiency virus or acquired immune deficiency syndrome, and the emotional trauma associated with adolescent sexual activity;

(4)  direct adolescents to a standard of behavior in which abstinence from sexual activity before marriage is the most effective way to prevent pregnancy, sexually transmitted diseases, and infection with human immunodeficiency virus or acquired immune deficiency syndrome; and

(5)  teach contraception and condom use in terms of human use reality rates instead of theoretical laboratory rates, if instruction on contraception and condoms is included in curriculum content.

(f)  A school district may not distribute condoms in connection with instruction relating to human sexuality.

(g)  A school district that provides human sexuality instruction may separate students according to sex for instructional purposes.

(h)  The board of trustees shall determine the specific content of the district's instruction in human sexuality, in accordance with Subsections (e), (f), and (g).

(i)  Before each school year, a school district shall provide written notice to a parent of each student enrolled in the district of the board of trustees' decision regarding whether the district will provide human sexuality instruction to district students.  If instruction will be provided, the notice must include:

(1)  a summary of the basic content of the district's human sexuality instruction to be provided to the student, including a statement informing the parent of the instructional requirements under state law;

(2)  a statement of the parent's right to:

(A)  review curriculum materials as provided by Subsection (j); and

(B)  remove the student from any part of the district's human sexuality instruction without subjecting the student to any disciplinary action, academic penalty, or other sanction imposed by the district or the student's school; and

(3)  information describing the opportunities for parental involvement in the development of the curriculum to be used in human sexuality instruction, including information regarding the local school health advisory council established under Subsection (a).

(i-1)  A parent may use the grievance procedure adopted under Section 26.011 concerning a complaint of a violation of Subsection (i).

(j)  A school district shall make all curriculum materials used in the district's human sexuality instruction available for reasonable public inspection.

(k)  A school district shall publish in the student handbook and post on the district's Internet website, if the district has an Internet website:

(1)  a statement of the policies adopted to ensure that elementary school, middle school, and junior high school students engage in at least the amount and level of physical activity required by Section 28.002(l);

(2)  a statement of:

(A)  the number of times during the preceding year the district's school health advisory council has met;

(B)  whether the district has adopted and enforces policies to ensure that district campuses comply with agency vending machine and food service guidelines for restricting student access to vending machines; and

(C)  whether the district has adopted and enforces policies and procedures that prescribe penalties for the use of tobacco products by students and others on school campuses or at school-sponsored or school-related activities; and

(3)  a statement providing notice to parents that they can request in writing their child's physical fitness assessment results at the end of the school year.

(l)  The local school health advisory council shall consider and make policy recommendations to the district concerning the importance of daily recess for elementary school students.  The council must consider research regarding unstructured and undirected play, academic and social development, and the health benefits of daily recess in making the recommendations.  The council shall ensure that local community values are reflected in any policy recommendation made to the district under this subsection.

(m)  In addition to performing other duties, the local school health advisory council shall submit to the board of trustees, at least annually, a written report that includes:

(1)  any council recommendation concerning the school district's health education curriculum and instruction or related matters that the council has not previously submitted to the board;

(2)  any suggested modification to a council recommendation previously submitted to the board; and

(3)  a detailed explanation of the council's activities during the period between the date of the current report and the date of the last prior written report.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 907, Sec. 2, eff. June 14, 2001; Acts 2003, 78th Leg., ch. 944, Sec. 1, 2, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 784, Sec. 2, eff. June 17, 2005.

Acts 2007, 80th Leg., R.S., Ch. 1377, Sec. 2, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch. 729, Sec. 1, eff. September 1, 2009.



Section  28.005.  Language Of Instruction.

(a) Except as provided by this section, English shall be the basic language of instruction in public schools.

(b)  It is the policy of this state to ensure the mastery of English by all students, except that bilingual instruction may be offered or permitted in situations in which bilingual instruction is necessary to ensure students' reasonable proficiency in the English language and ability to achieve academic success.

(c)  A school district may adopt a dual language immersion program for students enrolled in elementary school grades as provided by Section 28.0051.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 925, Sec. 1, eff. June 14, 2001.



Section  28.0051.  Dual Language Immersion Program.

(a) A dual language immersion program should be designed to produce students with a demonstrated mastery, in both English and one other language, of the required curriculum under Section 28.002(a).

(b)  The commissioner by rule shall adopt:

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

(2)  standards for evaluating:

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

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

(3)  standards for recognizing:

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

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

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

Added by Acts 2001, 77th Leg., ch. 925, Sec. 2, eff. June 14, 2001.



For expiration of this section, see Subsection (h).

Section 28.0052.  Dual Language Education Pilot Project.

(a) The commissioner shall establish a pilot project in school districts selected by the commissioner under which the agency examines dual language education programs and the effect of those programs on a student's ability to graduate from high school.

(b)  In selecting school districts under Subsection (a), the commissioner shall:

(1)  select districts that will commit to operate a dual language education program for at least three years; and

(2)  give preference to a district that:

(A)  demonstrates the potential:

(i)  for expanding the program through middle school and high school; and

(ii)  to offer at least one language program in addition to the language other than English used in the pilot program;

(B)  will implement the program at the kindergarten level; and

(C)  demonstrates parent, teacher, and community support for the program.

(c)  The commissioner may select not more than 10 school districts and not more than 30 campuses to operate a dual language education program under this section.

(d)  The commissioner by rule shall, except as provided by Subsection (e), require a district to limit activities of the dual language education program during the first year of the program to planning activities, including:

(1)  hiring and training teachers and ensuring teacher certification;

(2)  establishing parental and community support for the program; and

(3)  acquiring adequate learning materials in both program languages.

(e)  A program that applies for the expansion or improvement of an existing dual language education program is eligible for funding under the pilot project only to the extent authorized by the commissioner in compliance with Subsection (c).  An existing dual language education program is not subject to the limitations on activities imposed under Subsection (d).

(f)  Funding provided for a dual language education program may be used by a district for classroom materials.

(g)  The agency shall report to the legislature describing the agency's activities under the pilot project, the effect of the project on grade-level completion and high school graduation rates, and the recommendations arising from the project.  The agency shall submit an interim report under this subsection not later than January 1, 2011, and a final report not later than January 1, 2013.

(h)  This section expires August 1, 2013.

Added by Acts 2007, 80th Leg., R.S., Ch. 1255, Sec. 1, eff. June 15, 2007.



For expiration of this section, see Subsection (f).

Section 28.0053.  Dual Language Education Pilot Project:  Community Educational Pipeline Progress Team.

(a) Each school district or campus participating in the dual language education pilot project under Section 28.0052 shall establish a community educational pipeline progress team to assist in developing and implementing the dual language education pilot project.

(b)  The board of trustees of a participating school district or of a school district in which a participating campus is located shall appoint individuals to the team.  The team must include educators, district-level administrators, and parents of students who attend a participating campus.  The team may include community leaders and any other persons identified by the board of trustees as having research-based knowledge regarding second-language learning.

(c)  The team shall develop an academic improvement plan that describes the manner in which the pilot project should be implemented in the participating school district or campus.  In developing the academic improvement plan, the team shall consider:

(1)  the educational problems in the district or at the campus that could be mitigated through the implementation of the pilot project; and

(2)  the technological and nontechnological resources that are necessary to ensure successful implementation of the pilot project.

(d)  The team shall recommend to the board of trustees the manner in which the pilot project funds should be used to implement the academic improvement plan developed under Subsection (c).  Annually, the team may recommend to the board any necessary changes in the academic improvement plan.  The agency must approve the academic improvement plan or any changes to the plan before disbursing pilot project funds to the board.

(e)  The board of trustees of each district participating in the pilot project shall provide an annual progress report to the agency not later than August 1 of each year that the district or campus is participating in the pilot project.  The report must state in detail the type of plan used in the district or at the campus and the effect of the pilot project on the district or campus, including:

(1)  any effect on the academic progress of students who are participating in a pilot project, as measured by performance on assessment instruments, including assessment instruments administered under Section 39.023;

(2)  if applicable, a comparison of student progress at a campus or in a classroom in a school district or campus that is participating in the pilot project as compared to student progress at a campus or in a classroom in that same district or campus that is not participating in the pilot project;

(3)  any effect on student attendance or dropout rates;

(4)  any effect on student enrollment in high school;

(5)  any effect on teacher performance or retention;

(6)  any improvement in communications among students, parents, teachers, and administrators;

(7)  any improvement in parental involvement in the education of the parent's child;

(8)  any effect on community involvement and support for the district or campus; and

(9)  any increase in student proficiency in technology that would help prepare students for becoming members of the workforce.

(f)  This section expires August 1, 2013.

Added by Acts 2007, 80th Leg., R.S., Ch. 1255, Sec. 1, eff. June 15, 2007.



For expiration of this section, see Subsection (f).

Section 28.0054.  Contract For Language Learning Software.

(a) To expand language learning opportunities for all public school students and school district or campus employees, including students and employees in school districts or campuses not participating in the dual language education pilot project established under Section 28.0052, the commissioner shall enter into a contract to license language learning software using language immersion methods.

(b)  Expenditures under this section must be sufficient to support language learning opportunities for a maximum of one million public school students and employees for a maximum of three years.  The commissioner shall make the software available online to public school students and employees across the state not later than January 1, 2008.  A campus participating in the pilot project established under Section 28.0052 may have access to the software.

(c)  The commissioner may not spend more than $4 million each year to comply with this section.

(d)  A school district may not use the language learning software to supplant a bilingual education, English as a second language, or dual language education program.

(e)  Not later than January 1, 2013, the commissioner shall report to the legislature on the utilization and effectiveness of the language learning software.

(f)  This section expires August 1, 2013.

Added by Acts 2007, 80th Leg., R.S., Ch. 1255, Sec. 1, eff. June 15, 2007.



Section  28.006.  Reading Diagnosis.

(a) The commissioner shall develop recommendations for school districts for:

(1)  administering reading instruments to diagnose student reading development and comprehension;

(2)  training educators in administering the reading instruments; and

(3)  applying the results of the reading instruments to the instructional program.

(b)  The commissioner shall adopt a list of reading instruments that a school district may use to diagnose student reading development and comprehension. A district-level committee established under Subchapter F, Chapter 11, may adopt a list of reading instruments for use in the district in addition to the reading instruments on the commissioner's list. Each reading instrument adopted by the commissioner or a district-level committee must be based on scientific research concerning reading skills development and reading comprehension. A list of reading instruments adopted under this subsection must provide for diagnosing the reading development and comprehension of students participating in a program under Subchapter B, Chapter 29.

(c)  Each school district shall administer, at the kindergarten and first and second grade levels, a reading instrument on the list adopted by the commissioner or by the district-level committee. The district shall administer the reading instrument in accordance with the commissioner's recommendations under Subsection (a)(1).

(c-1)  Each school district shall administer at the beginning of the seventh grade a reading instrument adopted by the commissioner to each student whose performance on the assessment instrument in reading administered under Section 39.023(a) to the student in grade six did not demonstrate reading proficiency, as determined by the commissioner.  The district shall administer the reading instrument in accordance with the commissioner's recommendations under Subsection (a)(1).

(d)  The superintendent of each school district shall:

(1)  report to the commissioner and the board of trustees of the district the results of the reading instruments;

(2)  report, in writing, to a student's parent or guardian the student's results on the reading instrument; and

(3)  using the school readiness certification system provided to the school district in accordance with Section 29.161(e), report electronically each student's raw score on the reading instrument to the agency for use in the school readiness certification system.

(d-1)  The agency shall contract with the State Center for Early Childhood Development to receive and use scores under Subsection (d)(3) on behalf of the agency.

(e)  The results of reading instruments administered under this section may not be used for purposes of appraisals and incentives under Chapter 21 or accountability under Chapter 39.

(f)  This section may be implemented only if funds are appropriated for administering the reading instruments. Funds, other than local funds, may be used to pay the cost of administering a reading instrument only if the instrument is on the list adopted by the commissioner.

(g)  A school district shall notify the parent or guardian of each student in kindergarten or first or second grade who is determined, on the basis of reading instrument results, to be at risk for dyslexia or other reading difficulties. The district shall implement an accelerated reading instruction program that provides reading instruction that addresses reading deficiencies to those students and shall determine the form, content, and timing of that program. 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 a reading instrument under this section shall determine the manner in which the student will participate in an accelerated reading instruction program under this subsection.

(g-1)  A school district shall provide additional reading instruction and intervention to each student in seventh grade assessed under Subsection (c-1), as appropriate to improve the student's reading skills in the relevant areas identified through the assessment instrument.  Training and support for activities required by this subsection shall be provided by regional education service centers and teacher reading academies established under Section 21.4551, and may be provided by other public and private providers.

(h)  The school district shall make a good faith effort to ensure that the notice required under this section is provided either in person or by regular mail and that the notice is clear and easy to understand and is written in English and in the parent or guardian's native language.

(i)  The commissioner shall certify, not later than July 1 of each school year or as soon as practicable thereafter, whether sufficient funds have been appropriated statewide for the purposes of this section. A determination by the commissioner is final and may not be appealed. For purposes of certification, the commissioner may not consider Foundation School Program funds.

(j)  No more than 15 percent of the funds certified by the commissioner under Subsection (i) may be spent on indirect costs.  The commissioner shall evaluate the programs that fail to meet the standard of performance under Section 39.301(c)(5) and may implement interventions or sanctions under Subchapter E, Chapter 39.  The commissioner may audit the expenditures of funds appropriated for purposes of this section.  The use of the funds appropriated for purposes of this section shall be verified as part of the district audit under Section 44.008.

(k)  The provisions of this section relating to parental notification of a student's results on the reading instrument and to implementation of an accelerated reading instruction program may be implemented only if the commissioner certifies that funds have been appropriated during a school year for administering the accelerated reading instruction program specified under this section.

(l), (m) Expired.

Added by Acts 1997, 75th Leg., ch. 397, Sec. 2, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 396, Sec. 2.11, eff. Sept. 1, 1999.

Amended by:

Acts 2006, 79th Leg., 3rd C.S., Ch. 5, Sec. 3.05, eff. May 31, 2006.

Acts 2007, 80th Leg., R.S., Ch. 1058, Sec. 6, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch. 1340, Sec. 1, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 26, eff. June 19, 2009.



Section  28.007.  Mathematics Diagnosis.

(a) Using funds appropriated for the purpose, the commissioner shall develop and make available or contract for the development and dissemination of assessment instruments that a school district may use to diagnose student mathematics skills. In developing the assessment instruments, all assessment methods available through advanced technology, including methods using the Internet or other computer resources to provide immediate assessment of a student's skills, shall be considered.

(b)  The results of assessment instruments developed under Subsection (a) may not be used for purposes of appraisals and incentives under Chapter 21 or accountability under Chapter 39.

Added by Acts 2001, 77th Leg., ch. 834, Sec. 7, eff. Sept. 1, 2001.



For expiration of Subsec. (f), see that subsection.

Section 28.008.  Advancement Of College Readiness In Curriculum.

(a) To ensure that students are able to perform college-level course work at institutions of higher education, the commissioner of education and the commissioner of higher education shall establish vertical teams composed of public school educators and institution of higher education faculty.

(b)  The vertical teams shall:

(1)  recommend for approval by the commissioner of education and the Texas Higher Education Coordinating Board college readiness standards and expectations that address what students must know and be able to do to succeed in entry-level courses offered at institutions of higher education;

(2)  evaluate whether the high school curriculum requirements under Section 28.002 and other instructional requirements serve to prepare students to successfully perform college-level course work;

(3)  recommend how the public school curriculum requirements can be aligned with college readiness standards and expectations;

(4)  develop instructional strategies for teaching courses to prepare students to successfully perform college-level course work; and

(5)  develop or establish minimum standards for curricula, professional development materials, and online support materials in English language arts, mathematics, science, and social studies, designed for students who need additional assistance in preparing to successfully perform college-level course work.

(c)  The commissioner of education and the Texas Higher Education Coordinating Board by rule shall establish the composition and duties of the vertical teams established under this section.

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

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

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

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

(g)  The agency shall coordinate with the Texas Higher Education Coordinating Board as necessary in administering this section.

Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5, Sec. 5.01, eff. May 31, 2006.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1058, Sec. 7, eff. June 15, 2007.



Section 28.009.  College Credit Program.

(a) Each school district shall implement a program under which students may earn the equivalent of at least 12 semester credit hours of college credit in high school. On request, a public institution of higher education in this state shall assist a school district in developing and implementing the program. The college credit may be earned through:

(1)  international baccalaureate, advanced placement, or dual credit courses;

(2)  articulated postsecondary courses provided for local credit or articulated postsecondary advanced technical credit courses provided for state credit; or

(3)  any combination of the courses described by Subdivisions (1) and (2).

(a-2)  A school district is not required to pay a student's tuition or other associated costs for taking a course under this section.  This subsection expires September 1, 2011.

(b)  The agency shall coordinate with the Texas Higher Education Coordinating Board as necessary in administering this section.

(c)  Each school district shall annually report to the agency:

(1)  the number of district students, including career and technical students, who have participated in the program and earned college credit; and

(2)  the cumulative number of courses in which participating district students have enrolled and college credit hours the students have earned.

(d)  In this section:

(1)  "Career and technical student" means:

(A)  a secondary education student who has entered the first course in a sequence of two or more technical courses for three or more credits in a career and technical education program; or

(B)  a student who:

(i)  is enrolled in an academic or workforce course that is part of a sequence of courses leading to an industry-recognized credential, certificate, or degree; and

(ii)  has declared that sequence of courses as the student's major course of study.

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

Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5, Sec. 5.01, eff. May 31, 2006.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 763, Sec. 2, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch. 1328, Sec. 15, eff. September 1, 2009.



Section 28.010.  Notification Regarding College Credit Programs.

(a) Each school year, a school district shall notify the parent of each district student enrolled in grade nine or above of 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)  A school district may provide the notification required by this section on the district's Internet website.  The notification must include the name and contact information of any public or private entity offering a program described by this section in the district.

Added by Acts 2007, 80th Leg., R.S., Ch. 973, Sec. 1, eff. June 15, 2007.



Section effective beginning with the 2009-2010 school year.

Section 28.011.  Elective Courses On The Bible's Hebrew Scriptures (old Testament) And New Testament And Their Impact On The History And Literature Of Western Civilization.

(a) A school district may offer to students in grade nine or above:

(1)  an elective course on the Hebrew Scriptures (Old Testament) and its impact and an elective course on the New Testament and its impact; or

(2)  an elective course that combines the courses described by Subdivision (1).

(b)  The purpose of a course under this section is to:

(1)  teach students knowledge of biblical content, characters, poetry, and narratives that are prerequisites to understanding contemporary society and culture, including literature, art, music, mores, oratory, and public policy; and

(2)  familiarize students with, as applicable:

(A)  the contents of the Hebrew Scriptures or New Testament;

(B)  the history of the Hebrew Scriptures or New Testament;

(C)  the literary style and structure of the Hebrew Scriptures or New Testament; and

(D)  the influence of the Hebrew Scriptures or New Testament on law, history, government, literature, art, music, customs, morals, values, and culture.

(c)  A student may not be required to use a specific translation as the sole text of the Hebrew Scriptures or New Testament and may use as the basic textbook a different translation of the Hebrew Scriptures or New Testament from that chosen by the board of trustees of the student's school district or the student's teacher.

(d)  A course offered under this section shall follow applicable law and all federal and state guidelines in maintaining religious neutrality and accommodating the diverse religious views, traditions, and perspectives of students in their school district. A course under this section shall not endorse, favor, or promote, or disfavor or show hostility toward, any particular religion or nonreligious faith or religious perspective. Nothing in this statute is intended to violate any provision of the United States Constitution or federal law, the Texas Constitution or any state law, or any rules or guidelines provided by the United States Department of Education or the Texas Education Agency.

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

(f)  A teacher of a course offered under this section must hold a minimum of a High School Composite Certification in language arts, social studies, or history with, where practical, a minor in religion or biblical studies. A teacher selected to teach a course under this section shall successfully complete staff development training outlined in Section 21.459.  A course under this section may only be taught by a teacher who has successfully completed training under Section 21.459.

(g)  For the purpose of a student earning credit for high school graduation, a school district shall grant one-half academic elective credit for satisfactory completion of a course on the Hebrew Scriptures, one-half academic elective credit for satisfactory completion of a course on the New Testament, and one-half academic elective credit for satisfactory completion of a combined course on both the Hebrew Scriptures and the New Testament.  This subsection applies only to a course that is taught in strict compliance with this section.

(h)  If, for a particular semester, fewer than 15 students at a school district campus register to enroll in a course required by this section, the district is not required to offer the course at that campus for that semester.

(i)  This section does not prohibit the board of trustees of a school district from offering an elective course based on the books of a religion other than Christianity. In determining whether to offer such a course, the board may consider various factors, including student and parent demand for such a course and the impact such books have had on history and culture.

(j)  This section does not prohibit a school district from offering a course, other than the course authorized by this section, in the academic study of the Hebrew Scriptures, the New Testament, or both for local credit or for state elective credit towards high school graduation.

Added by Acts 2007, 80th Leg., R.S., Ch. 856, Sec. 1, eff. June 15, 2007.



Section 28.013.  Nature Science Curriculum Project.

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

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

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

(3)  South Llano River State Park.

(b)  The nature science curriculum must:

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

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

(A)  science; and

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

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

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

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

(4)  be designed to:

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

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

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

(c)  The Texas Science, Technology, Engineering, and Math (T-STEM) Center of Texas Tech University shall make the nature science curriculum available through the university's Internet website or through a separate Internet website developed by the center for that purpose.

(d)  The Texas Tech University Center at Junction, with assistance from South Llano River State Park, shall present to  classroom teachers and state park employees staff development courses in providing instruction in the nature science curriculum.

(e)  The nature science curriculum project must be implemented and maintained using money appropriated for those purposes.

Added by Acts 2007, 80th Leg., R.S., Ch. 300, Sec. 1, eff. June 15, 2007.



Section 28.014.  College Preparatory Courses.

(a) The commissioner of education and the commissioner of higher education 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 preparatory mathematics, science, social studies, and English language arts.  The courses must be designed:

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

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

(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 recommended or advanced high school program under Section 28.025.

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

(d)  The agency, in coordination with the Texas Higher Education Coordinating Board, shall adopt a series of questions to be included in an end-of-course assessment instrument administered under Subsection (c) to be used for purposes of Section 51.3062.  The questions must be developed in a manner consistent with any college readiness standards adopted under Sections 39.233 and 51.3062.

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

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

Added by Acts 2007, 80th Leg., R.S., Ch. 1058, Sec. 8(a), eff. June 15, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 27, eff. June 19, 2009.



Subchapter B. Advancement, Placement, Credit, And Academic Achievement Record

Section  28.021.  Student Advancement.

(a) A student may be promoted only on the basis of academic achievement or demonstrated proficiency of the subject matter of the course or grade level.

(b)  In measuring the academic achievement or proficiency of a student who is dyslexic, the student's potential for achievement or proficiency in the area must be considered.

(c)  In determining promotion under Subsection (a), a school district shall consider:

(1)  the recommendation of the student's teacher;

(2)  the student's grade in each subject or course;

(3)  the student's score on an assessment instrument administered under Section 39.023(a), (b), or (l); and

(4)  any other necessary academic information, as determined by the district.

(d)  By the start of the school year, a district shall make public the requirements for student advancement under this section.

(e)  The commissioner shall provide guidelines to districts based on best practices that a district may use when considering factors for promotion.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 28, eff. June 19, 2009.



Section  28.0211.  Satisfactory Performance On Assessment Instruments Required; Accelerated Instruction.

(a) Except as provided by Subsection (b) or (e), a student may not be promoted to:

(1)   the sixth grade program to which the student would otherwise be assigned if the student does not perform satisfactorily on the fifth grade mathematics and reading assessment instruments under Section 39.023; or

(2)  the ninth grade program to which the student would otherwise be assigned if the student does not perform satisfactorily on the eighth grade mathematics and reading assessment instruments under Section 39.023.

(a-1)  Each time a student fails to perform satisfactorily on an assessment instrument administered under Section 39.023(a) in the third, fourth, fifth, sixth, seventh, or eighth grade, the school district in which the student attends school shall provide to the student accelerated instruction in the applicable subject area. Accelerated instruction may require participation of the student before or after normal school hours and may include participation at times of the year outside normal school operations.

(a-2)  A student who fails to perform satisfactorily on an assessment instrument specified under Subsection (a) and who is promoted to the next grade level must complete accelerated instruction required under Subsection (a-1) before placement in the next grade level. A student who fails to complete required accelerated instruction may not be promoted.

(a-3)  The commissioner shall provide guidelines to districts on research-based best practices and effective strategies that a district may use in developing an accelerated instruction program.

(b)  A school district shall provide to a student who initially fails to perform satisfactorily on an assessment instrument specified under 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 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;

(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.

(e)  A student who, after at least three attempts, fails to perform satisfactorily on an assessment instrument specified under Subsection (a) shall be retained at the same grade level for the next school year in accordance with Subsection (a). The student's parent or guardian may appeal the student's retention by submitting a request to the grade placement committee established under Subsection (c). The school district shall give the parent or guardian written notice of the opportunity to appeal. The grade placement committee may decide in favor of a student's promotion only if the committee concludes, using standards adopted by the board of trustees, that if promoted and given accelerated instruction, the student is likely to perform at grade level. A student may not be promoted on the basis of the grade placement committee's decision unless that decision is unanimous. The commissioner by rule shall establish a time line for making the placement determination. This subsection does not create a property interest in promotion. The decision of the grade placement committee is final and may not be appealed.

(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 (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.

(g)  This section does not preclude the retention at a grade level, in accordance with state law or school district policy, of a student who performs satisfactorily on an assessment instrument specified under Subsection (a).

(h)  In each instance under this section in which a school district is specifically required to provide notice to a parent or guardian of a student, the district shall make a good faith effort to ensure that such notice is provided either in person or by regular mail and that the notice is clear and easy to understand and is written in English or the parent or guardian's native language.

(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 (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.

(j)  A school district or open-enrollment charter school shall provide students required to attend accelerated programs under this section with transportation to those programs if the programs occur outside of regular school hours.

(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 39.051.

(l)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1058, Sec. 17, eff. June 15, 2007.

(l-1)  The commissioner may adopt rules requiring a school district that receives federal funding under Title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. Section 6301 et seq.) to use that funding to provide supplemental educational services under 20 U.S.C. Section 6316 in conjunction with the accelerated instruction provided under this section, provided that the rules may not conflict with federal law governing the use of that funding.

(m)  The commissioner shall certify, not later than July 1 of each school year or as soon as practicable thereafter, whether sufficient funds have been appropriated statewide for the purposes of this section.  A determination by the commissioner is final and may not be appealed.  For purposes of certification, the commissioner may not consider Foundation School Program funds.  This section may be implemented only if the commissioner certifies that sufficient funds have been appropriated during a school year for administering the accelerated instruction programs specified under this section, including teacher training for that purpose.

(n)  A student who is promoted by a grade placement committee under this section must be assigned in each subject in which the student failed to perform satisfactorily on an assessment instrument specified under Subsection (a) to a teacher who meets all state and federal qualifications to teach that subject and grade.

Added by Acts 1999, 76th Leg., ch. 396, Sec. 2.12, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1058, Sec. 9, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch. 1058, Sec. 17, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 29, eff. June 19, 2009.



Section  28.0212.  Personal Graduation Plan.

(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)  A personal graduation plan must:

(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 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.

(d)  The agency shall establish minimum standards for a personal graduation plan under this section.

(e)  Each school district is encouraged to establish for each student entering grade nine 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.

(g)  Each school district is encouraged to establish for each student entering grade nine 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.

Added by Acts 2003, 78th Leg., ch. 1212, Sec. 7, eff. June 20, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 763, Sec. 3, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch. 1058, Sec. 10, eff. June 15, 2007.



Section  28.0213.  Intensive Program Of Instruction.

(a) A school district shall offer an intensive program of instruction to a student who does not perform satisfactorily on an assessment instrument administered under Subchapter B, Chapter 39.

(b)  A school district shall design the intensive program of instruction described by Subsection (a) to:

(1)  enable the student to:

(A)  to the extent practicable, perform at the student's grade level at the conclusion of the next regular school term; or

(B)  attain a standard of annual growth specified by the school district and reported by the district to the agency; and

(2)  if applicable, carry out the purposes of Section 28.0211.

(c)  A school district shall use funds appropriated by the legislature for an intensive program of instruction to plan and implement intensive instruction and other activities aimed at helping a student satisfy state and local high school graduation requirements. The commissioner shall distribute funds to districts that implement a program under this section based on the number of students identified by the district who:

(1)  do not perform satisfactorily on an assessment instrument administered under Subchapter B, Chapter 39; or

(2)  are not likely to receive a high school diploma before the fifth school year following the student's enrollment in grade nine, as determined by the district.

(d)  A school district's determination of the appropriateness of a program for a student under this section is final and does not create a cause of action.

(e)  For a student in a special education program under Subchapter A, Chapter 29, who does not perform satisfactorily on an assessment instrument administered under Section 39.023(a), (b), or (c), the student's admission, review, and dismissal committee shall design the program to:

(1)  enable the student to attain a standard of annual growth on the basis of the student's individualized education program; and

(2)  if applicable, carry out the purposes of Section 28.0211.

Added by Acts 2003, 78th Leg., ch. 1212, Sec. 7, eff. June 20, 2003.



Section  28.0214.  Finality Of Grade.

(a) An examination or course grade issued by a classroom teacher is final and may not be changed unless the grade is arbitrary, erroneous, or not consistent with the school district grading policy applicable to the grade, as determined by the board of trustees of the school district in which the teacher is employed.

(b)  A determination by a school district board of trustees under Subsection (a) is not subject to appeal. This subsection does not prohibit an appeal related to a student's eligibility to participate in extracurricular activities under Section 33.081.

Added by Acts 2003, 78th Leg., ch. 194, Sec. 1, effective June 2, 2003.

Renumbered from Education Code, Section 28.0212 by Acts 2005, 79th Leg., Ch. 728, Sec. 23.001(14), eff. September 1, 2005.



Section 28.0216.  District Grading Policy.

A school district shall adopt a grading policy, including provisions for the assignment of grades on class assignments and examinations, before each school year.  A district grading policy:

(1)  must require a classroom teacher to assign a grade that reflects the student's relative mastery of an assignment;

(2)  may not require a classroom teacher to assign a minimum grade for an assignment without regard to the student's quality of work; and

(3)  may allow a student a reasonable opportunity to make up or redo a class assignment or examination for which the student received a failing grade.

Added by Acts 2009, 81st Leg., R.S., Ch. 1236, Sec. 1, eff. June 19, 2009.



Section  28.022.  Notice To Parent Of Unsatisfactory Performance.

(a) The board of trustees of each school district shall adopt a policy that:

(1)  provides for a conference between parents and teachers;

(2)  requires the district, at least once every 12 weeks, to give written notice to a parent of a student's performance in each class or subject; and

(3)  requires the district, at least once every three weeks, or during the fourth week of each nine-week grading period, to give written notice to a parent or legal guardian of a student's performance in a subject included in the foundation curriculum under Section 28.002(a)(1) if the student's performance in the subject is consistently unsatisfactory, as determined by the district.

(b)  The notice required under Subsections (a)(2) and (a)(3) must:

(1)  provide for the signature of a student's parent; and

(2)  be returned to the district.

(c)  A policy adopted under this section does not apply to a student who:

(1)  is 18 years of age or older and who is living in a different residence than the student's parents;

(2)  is married; or

(3)  has had the disabilities of minority removed for general purposes.

(d)  In this section, "parent" includes a guardian, conservator, or other person having lawful control of a student.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 1237, Sec. 1, eff. Aug. 30, 1999.



Section  28.023.  Credit By Examination.

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

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

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

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

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

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

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

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.



Section 28.024.  Credit For Enrollment In Certain Academies.

A school district shall grant to a student credit toward the academic course requirements for high school graduation, up to a maximum of two years of credit, for courses the student successfully completes at:

(1)  the Texas Academy of Leadership in the Humanities under Section 96.707;

(2)  the Texas Academy of Mathematics and Science under Subchapter G, Chapter 105;

(3)  the Texas Academy of Mathematics and Science under Section 78.10; or

(4)  the Texas Academy of International Studies under Section 87.505.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Amended by:

Acts 2005, 79th Leg., Ch. 887, Sec. 3, eff. June 17, 2005.

Acts 2005, 79th Leg., Ch. 1339, Sec. 7, eff. June 18, 2005.

Reenacted and amended by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 4.004, eff. September 1, 2007.



Section  28.025.  High School Diploma And Certificate; Academic Achievement Record. (a)

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

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

(1)  is at least 16 years of age;

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

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

(b-1)  The State Board of Education by rule shall require that:

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

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

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

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

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

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

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

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

(b-2)  In adopting rules under Subsection (b-1), the State Board of Education shall allow a student to comply with the curriculum requirements for a mathematics course under Subsection (b-1)(1) taken after the successful completion of an Algebra II course or science course under Subsection (b-1)(1) taken after the successful completion of a physics course by successfully completing an advanced career and technical course designated by the 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 to provide students with the option described by Subsection (b-1)(1)(A), the State Board of Education must approve a variety of mathematics and science courses that may be taken after the completion of Algebra II and physics to comply with the recommended program requirements.

(b-4)  A school district may offer the curriculum described in 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-6)  Before a student's parent or other person standing in parental relation to the student may agree that the student be permitted to take courses under the minimum high school program as provided by Subsection (b), a school district must provide written notice to the parent or person standing in parental relation explaining the benefits of the recommended high school program.  The notice shall be developed by the agency and must:

(1)  be printed in English and Spanish; and

(2)  require that the student's parent or person standing in parental relation to the student sign a confirmation of receipt and return the confirmation to the student's campus.

(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 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-8)  A student agreeing to take courses under the minimum high school program as provided by Subsection (b) may, upon request, resume taking courses under the recommended high school program.

(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 80 percent of the population resides in a single municipality to satisfy the fine arts credit required under Subsection (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)(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.

(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.

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

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

(f)  A school district shall issue a certificate of attendance to a student who receives special education services under Subchapter A, Chapter 29, and who has completed four years of high school but has not completed the student's individualized education program.  A school district shall allow a student who receives a certificate to participate in a graduation ceremony with students receiving high school diplomas.  A student may participate in only one graduation ceremony under this subsection.  This subsection does not preclude a student from receiving a diploma under Subsection (c)(2).

(g)  If a student, other than a student permitted to take courses under the minimum high school program as provided by Subsection (b), is unable to complete the recommended or advanced high school program solely because necessary courses were unavailable to the student at the appropriate times in the student's high school career as a result of course scheduling, lack of enrollment capacity, or another cause not within the student's control, the school district shall indicate that fact on the student's transcript form described by Subsection (e).

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 767, Sec. 8, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 397, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 187, Sec. 2, eff. May 19, 2001; Acts 2001, 77th Leg., ch. 834, Sec. 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 365, Sec. 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 6.003, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1317, Sec. 10, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 164, Sec. 4, eff. May 27, 2005.

Acts 2006, 79th Leg., 3rd C.S., Ch. 5, Sec. 5.02, eff. May 31, 2006.

Acts 2007, 80th Leg., R.S., Ch. 46, Sec. 1, eff. May 28, 2007.

Acts 2007, 80th Leg., R.S., Ch. 763, Sec. 4, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 30, eff. June 19, 2009.



Section  28.0251.  High School Diploma For Certain Veterans.

(a) Notwithstanding any other provision of this code, a school district may issue a high school diploma to a person who:

(1)  is an honorably discharged member of the armed forces of the United States;

(2)  was scheduled to graduate from high school after 1940 and before 1975;  and

(3)  left high school before graduation to serve in World War II, the Korean War, or the Vietnam War.

(b)  A school district may issue a diploma to a person otherwise eligible under Subsection (a) notwithstanding the fact that the person holds a high school equivalency certificate or is deceased.

(c)  The commissioner by rule shall adopt a form for a diploma application to be used by a veteran or a person acting on behalf of a deceased veteran under this section. The commissioner shall specify acceptable evidence of eligibility for a diploma under this section.

Added by Acts 2001, 77th Leg., ch. 187, Sec. 1, eff. May 19, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 540, Sec. 1, eff. June 17, 2005.



Section 28.0252.  Computation Of High School Grade Point Average.

(a) The commissioner may develop a standard method of computing a student's high school grade point average that provides for additional weight to be given to each honors course, advanced placement course, international baccalaureate course, or dual credit course completed by a student.

(b)  If the commissioner develops a standard method under this section, a school district shall use the standard method to compute a student's high school grade point average.

(c)  The commissioner may adopt rules necessary to implement this section.

Added by Acts 2005, 79th Leg., Ch. 293, Sec. 1, eff. September 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1369, Sec. 1, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 31, eff. June 19, 2009.



Section 28.0253.  Pilot Program:  High School Diplomas For Students Who Demonstrate Early Readiness For College.

(a) In this section:

(1)  "Institution of higher education" has the meaning assigned by Section 61.003.

(2)  "Research university" means an institution of higher education that is designated as a research university under the Texas Higher Education Coordinating Board's accountability system.

(b)  A research university that chooses to participate in the pilot program shall:

(1)  not later than September 1 of each year, make available on the university's Internet website detailed standards for use in the program regarding:

(A)  the specific competencies that demonstrate a student's mastery of each subject area for which the Texas Higher Education Coordinating Board and the commissioner have adopted college readiness standards;

(B)  the specific competencies that demonstrate a student's mastery of a language other than English; and

(C)  acceptable assessments or other means by which a student may demonstrate the student's early readiness for college with respect to each subject area and the language described by this subdivision, subject to Subsection (c);

(2)  partner with at least 10 school districts that reflect the geographic diversity of this state and the student compositions of which reflect the socioeconomic diversity of this state; and

(3)  assist school administrators, school counselors, and other educators in each of those school districts in designing the specific requirements of and implementing the program in the district.

(c)  The assessments or other means filed by a research university under Subsection (b)(1)(C) must be equivalent to the assessments or other means the university uses to place students at the university in courses that may be credited toward a degree requirement.

(d)  A research university that partners with a school district under this section shall enter into an agreement with the district under which the university and district agree that the district will assess a student's mastery of the subject areas described by Subsection (b)(1) and a language other than English in accordance with the standards the university filed under Subsection (b)(1).  The district may issue a high school diploma to a student under the program if, using the standards, the student demonstrates mastery of and early readiness for college in each of those subject areas and in a language other than English, notwithstanding any other local or state requirements.

(e)  A student who receives a high school diploma through the pilot program is considered to have completed the recommended high school program adopted under Section 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.

(f)  A research university that participates in the pilot program shall enter into an agreement with an education research center established under Section 1.005 to conduct an evaluation  of the program with respect to that university and the school districts with which the university partners.  Not later than January 1, 2013, the education research center shall provide a written report of the evaluation to the commissioner and the commissioner of higher education and make the report available on the center's Internet website.  The report may include an analysis of the effects of the program on the university's admissions review process.

Added by Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 32, eff. June 19, 2009.



Section 28.0254.  Posthumous High School Diploma For Certain Students.

(a) Notwithstanding any other provision of this code, but subject to Subsection (b), on request of the student's parent, a school district shall issue a high school diploma posthumously to each student who died while enrolled in the district at grade level 12, provided that the student was academically on track at the time of death to receive a diploma at the end of the school year in which the student died.  For purposes of this subsection, "school year" includes any summer session following the spring semester.

(b)  A school district is not required to issue a high school diploma to a student described by Subsection (a) if the student at any time before the student's death was convicted of a felony offense under Title 5 or 6, Penal Code, or adjudicated as having engaged in conduct constituting a felony offense under Title 5 or 6, Penal Code.

Added by Acts 2007, 80th Leg., R.S., Ch. 871, Sec. 1, eff. June 15, 2007.



Section 28.026.  Notice Of Automatic College Admission.

(a) The board of trustees of a school district shall require each high school in the district to post appropriate signs in each counselor's office, in each principal's office, and in each administrative building indicating the substance of Section 51.803 regarding automatic college admission.  To assist in the dissemination of this information, the school district shall:

(1)  require that each high school counselor and class advisor be provided a detailed explanation of the substance of Section 51.803;

(2)  provide each district student, at the time the student first registers for one or more classes required for high school graduation, with a written notification of the substance of Section 51.803;

(3)  require that each high school counselor and senior class advisor explain to eligible students the substance of Section 51.803; and

(4)  not later than the 14th day after the last day of classes for the fall semester or an equivalent date in the case of a school operated on a year-round system under Section 25.084, provide each eligible senior student under Section 51.803 and each student enrolled in the junior year of high school who has a grade point average in the top 10 percent of the student's high school class, and the student's parent or guardian, with a written notification of the student's eligibility with a detailed explanation in plain language of the substance of Section 51.803.

(b)  The commissioner shall adopt forms to use in providing notice under Subsections (a)(2) and (4).  In providing notice under Subsection (a)(2) or (4), a school district shall use the appropriate form adopted by the commissioner.  The notice to a student and the student's parent or guardian under Subsection (a)(4) must be on a single form that may contain one or more signature lines to indicate receipt of notice by the student or the student's parent or guardian.

Added by Acts 1999, 76th Leg., ch. 1511, Sec. 1, eff. June 19, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1342, Sec. 3, eff. June 19, 2009.



Subchapter C. Advanced Placement Incentives

Section  28.051.  Definitions.

In this subchapter:

(1)  "Board" means the State Board of Education.

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

(3)  "College advanced placement test" means the advanced placement test administered by the College Board and Educational Testing Service.

(4)  "College board" means the College Board and Educational Testing Service.

(5)  "International baccalaureate course" means a high-school-level preparatory course for an international baccalaureate examination that incorporates each topic specified by the International Baccalaureate Organization on its standard syllabus for a particular subject area.

(6)  "International baccalaureate examination" means the international baccalaureate examination administered by the International Baccalaureate Organization.

(7)  "Program" means the Texas Advanced Placement Incentive Program.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.



Section  28.052.  Program; Purpose.

(a) The purpose of the Texas Advanced Placement Incentive Program is to recognize and reward those students, teachers, and schools that demonstrate success in achieving the state's educational goals.

(b)  Awards and subsidies granted under the program are for the public purpose of promoting an educated citizenry.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.



Section  28.053.  Types Of Awards.

(a) A school participating in the program may be awarded:

(1)  a one-time $3,000 equipment grant for providing a college advanced placement course or international baccalaureate course to be paid to a school based on need as determined by the commissioner; and

(2)  $100 for each student who scores a three or better on a college advanced placement test or four or better on an international baccalaureate examination.

(b)  Funds awarded under Subsection (a) shall be used in the manner determined by the campus team established, by the principal, under Subsection (c).

(c)  The principal of each school participating in the program shall convene, at least annually, a team composed of not more than five members, with not fewer than three teachers, to include at least one teacher participating in the program and at least one teacher who teaches students in preparation for their participation in the program, for the purpose of determining the use of funds awarded under Subsection (a). Nothing in this section limits the authority of the team to direct expenditure of funds awarded under Subsection (a)(2) for awards to individual teachers participating in the program.

(d)  A teacher participating in the program may be awarded:

(1)  subsidized teacher training, not to exceed $450 for each teacher, for a college advanced placement course or an international baccalaureate course;

(2)  a one-time award of $250 for teaching a college advanced placement course or an international baccalaureate course for the first time; and

(3)  a share of the teacher bonus pool, which shall be distributed by the teacher's school in shares proportional to the number of courses taught.

(e)  To be eligible for an award under Subsection (d), a teacher must teach a college advanced placement course or an international baccalaureate course.

(f)  Fifty dollars may be deposited in the teacher bonus pool for each student enrolled in the school that scores a three or better on a college advanced placement test or four or better on an international baccalaureate examination.

(g)  A student receiving a score of three or better on a college advanced placement test or four or better on an international baccalaureate examination may receive reimbursement, not to exceed $65, for the testing fee. The reimbursement shall be reduced by the amount of any subsidy awarded by the college board or the International Baccalaureate Organization or under Section 28.054.

(h)  The commissioner may enter into agreements with the college board and the International Baccalaureate Organization to pay for all examinations taken by eligible public school students. An eligible student is one who takes a college advanced placement or international baccalaureate course at a public school or who is recommended by the student's principal or teacher to take the test.

(i)  The commissioner shall analyze and adjust, as needed, the sum of and number of awards to ensure that the purpose of the program is realized.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 854, Sec. 1, eff. June 20, 2003.



Section  28.054.  Subsidies For College Advanced Placement Test Or International Baccalaureate Examination.

(a) A student is entitled to a subsidy for a fee paid by the student to take a college advanced placement test or an international baccalaureate examination if the student demonstrates financial need. The board shall adopt guidelines for determining financial need consistent with the definition of financial need adopted by the college board or the International Baccalaureate Organization.

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

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

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

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

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.



Section  28.055.  Use Of School Awards; Application.

(a) A school shall give priority to academic enhancement purposes in using an award received under the program. The award may not be used for any purpose related to athletics.

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

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.



Section  28.056.  Application For Teacher Awards And Reimbursements.

To obtain an award or reimbursement for training expenses under the program, a teacher must submit to the board a written application in a form, manner, and time prescribed by the commissioner.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.



Section  28.057.  Funding.

(a) An award or subsidy granted under this subchapter may be funded by donations, grants, or legislative appropriations. The commissioner may solicit and receive grants and donations for making awards under this subchapter. The agency shall account for and distribute the donations, grants, or legislative appropriations.

(b)  The agency shall apply to the program any available funds from its appropriations that may be used for purposes of the program.

(c)  The grant of any award or subsidy under the program is subject to the availability of funds.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.



Section  28.058.  Confidentiality.

All information regarding an individual student received by the commissioner under this subchapter from a school district or student is confidential under Chapter 552, Government Code.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


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