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  82R511 CAS-D
 
  By: Brown H.B. No. 104
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to abolishing the Texas Higher Education Coordinating
  Board and transferring the coordinating board's functions and
  activities and the State Board of Education's statutorily assigned
  functions and activities to the Texas Education Agency.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 1.005(a), (b), (c), (d), (f), (g), (h),
  and (j), Education Code, are amended to read as follows:
         (a)  In this section, "center" [:
               [(1)  "Center"] means a center for education research
  authorized by this section.
               [(2)  "Coordinating board" means the Texas Higher
  Education Coordinating Board.]
         (b)  The commissioner of education [and the coordinating
  board] may establish not more than three centers for education
  research for conducting research described by Subsections (e) and
  (f).
         (c)  A center may be established as part of:
               (1)  the Texas Education Agency; or
               (2)  [the coordinating board; or
               [(3)]  a public junior college, public senior college
  or university, or public state college, as those terms are defined
  by Section 61.003.
         (d)  A center may be operated under a memorandum of
  understanding between the commissioner of education[, the
  coordinating board,] and the governing board of an educational
  institution described by Subsection (c)(2) [(c)(3)]. The
  memorandum of understanding must require the commissioner of
  education, or a person designated by the commissioner, [and the
  coordinating board, or a person designated by the coordinating
  board,] to provide direct[, joint] supervision of the center under
  this section.
         (f)  The commissioner of education [and the coordinating
  board]:
               (1)  under the memorandum of understanding described by
  Subsection (d), may require a center to conduct certain research
  projects considered of particular importance to the state, as
  determined by the commissioner [and the coordinating board];
               (2)  not later than the 45th day before the date a
  research project required to be conducted under this subsection is
  scheduled to begin, shall notify the governor, the Legislative
  Budget Board, and the governing body of the educational institution
  in which the center is established that the research project is
  required; and
               (3)  shall provide sufficient funds to finance the
  project.
         (g)  In conducting research under this section, a center:
               (1)  may use data on student performance, including
  data that is confidential under the Family Educational Rights and
  Privacy Act of 1974 (20 U.S.C. Section 1232g), the center has
  collected from the Texas Education Agency, [the coordinating
  board,] any public or private institution of higher education, and
  any school district; and
               (2)  shall comply with rules adopted by the
  commissioner of education [and the coordinating board] to protect
  the confidentiality of student information, including rules
  establishing procedures to ensure that confidential student
  information is not duplicated or removed from a center in an
  unauthorized manner.
         (h)  The commissioner of education [and the coordinating
  board] may:
               (1)  accept gifts and grants to be used in operating one
  or more centers; and
               (2)  by rule impose reasonable fees, as appropriate,
  for the use of a center's research, resources, or facilities.
         (j)  The commissioner of education [and the coordinating
  board] shall adopt rules as necessary to implement this section.
         SECTION 2.  Sections 7.005 and 7.006, Education Code, are
  amended to read as follows:
         Sec. 7.005.  LONG-RANGE PLANS AND EDUCATIONAL PROGRAMS
  [COOPERATION BETWEEN STATE AGENCIES OF EDUCATION]. The agency
  [State Board of Education and the Texas Higher Education
  Coordinating Board], in conjunction with other appropriate
  agencies, shall ensure that long-range plans and educational
  programs established by the agency [each board] provide a
  comprehensive education for the students of this state [under the
  jurisdiction of that board], extending from early childhood
  education through postgraduate study. In ensuring [assuring] that
  early childhood, primary, secondary, and higher education programs
  are coordinated, the agency [boards] shall use the P-16 Council
  established under Section 61.076.
         Sec. 7.006.  STANDARDIZATION [COORDINATION] OF RECORDS. The
  commissioner [of education and the commissioner of higher
  education] shall ensure that records relating to student
  performance held by the agency [Texas Education Agency and the
  Texas Higher Education Coordinating Board] are [coordinated and]
  maintained in standardized[, compatible] formats that permit[:
               [(1)  the exchange of information between the agencies;
  and
               [(2)]  the matching of individual student records so
  that a student's academic performance may be assessed throughout
  the student's educational career.
         SECTION 3.  Sections 7.010(b) and (d), Education Code, are
  amended to read as follows:
         (b)  Each school district, open-enrollment charter school,
  and institution of higher education shall participate in an
  electronic student records system that satisfies standards
  approved by the commissioner [of education and the commissioner of
  higher education].
         (d)  The commissioner [of education or the commissioner of
  higher education] may solicit and accept grant funds to maintain
  the electronic student records system and to make the system
  available to school districts, open-enrollment charter schools,
  and institutions of higher education.
         SECTION 4.  Sections 7.055(b)(9) and (24), Education Code,
  are amended to read as follows:
               (9)  The commissioner shall have a manual published at
  least once every two years that contains Title 1 and this title, any
  other provisions of this code relating specifically to public
  primary or secondary education, and an appendix of all other state
  laws relating to public primary or secondary education and shall
  provide for the distribution of the manual [as determined by the
  board].
               (24)  The commissioner[, with the approval of the
  board,] shall develop and implement a plan for the coordination of
  services to children with disabilities as required under Section
  30.001.
         SECTION 5.  Sections 7.102(a) and (d), Education Code, are
  amended to read as follows:
         (a)  The board may perform, as provided by this code, only
  those duties [relating to school districts or regional education
  service centers] assigned to the board by the constitution of this
  state [or by this subchapter or another provision of this code].
         (d)  The board may adopt rules [relating to school districts
  or regional education service centers] only as required to carry
  out the specific duties assigned to the board by the constitution
  [or under Subsection (c)].
         SECTION 6.  Sections 7.108(a) and (c), Education Code, are
  amended to read as follows:
         (a)  A person interested in selling bonds of any type [or a
  person engaged in manufacturing, shipping, selling, or advertising
  textbooks or otherwise connected with the textbook business]
  commits an offense if the person makes or authorizes a political
  contribution to or takes part in, directly or indirectly, the
  campaign of any person seeking election to or serving on the board.
         (c)  In this section, "political[:
               [(1)  "Political] contribution" has the meaning
  assigned by Section 251.001, Election Code.
               [(2)  "Textbook" has the meaning assigned by Section
  31.002.]
         SECTION 7.  Section 7.109, Education Code, is transferred to
  Subchapter B, Chapter 7, Education Code, renumbered as Section
  7.032, Education Code, and amended to read as follows:
         Sec. 7.032 [7.109].  DESIGNATION AS STATE BOARD FOR CAREER
  AND TECHNOLOGY EDUCATION. (a) The agency [board] is also the State
  Board for Career and Technology Education.
         (b)  The commissioner is the executive officer through whom
  the State Board for Career and Technology Education shall carry out
  its policies and enforce its rules.
         (c)  The State Board for Career and Technology Education may
  contract with [the Texas Higher Education Coordinating Board or]
  any other state agency to assume the leadership role and
  administrative responsibility of the State Board for Career and
  Technology Education for state level administration of
  technical-vocational education programs in public community
  colleges, public technical institutes, and other eligible public
  postsecondary institutions in this state.
         (d)  The State Board for Career and Technology Education may
  allocate funds appropriated to the board by the legislature or
  federal funds received by the board under the Carl D. Perkins Career
  and Technical [Vocational] Education Act of 2006 (20 U.S.C. Section
  2301 et seq.) or other federal law to an institution or program
  approved by the agency [State Board of Education, the Texas Higher
  Education Coordinating Board,] or another state agency specified by
  law.
         SECTION 8.  Section 7.111, Education Code, is transferred to
  Subchapter B, Chapter 7, Education Code, renumbered as Section
  7.033, Education Code, and amended to read as follows:
         Sec. 7.033 [7.111].  HIGH SCHOOL EQUIVALENCY EXAMINATIONS.
  (a) The agency [board] shall provide for the administration of high
  school equivalency examinations, including administration by the
  adjutant general's department for students described by
  Subdivision (2)(C). A person who does not have a high school
  diploma may take the examination in accordance with rules adopted
  by the commissioner [board] if the person is:
               (1)  over 17 years of age;
               (2)  16 years of age or older and:
                     (A)  is enrolled in a Job Corps training program
  under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801
  et seq.)[, and its subsequent amendment];
                     (B)  a public agency providing supervision of the
  person or having custody of the person under a court order
  recommends that the person take the examination; or
                     (C)  is enrolled in the adjutant general's
  department's Texas [Seaborne] ChalleNGe Academy [Corps]; or
               (3)  required to take the examination under a justice
  or municipal court order issued under Article 45.054(a)(1)(C), Code
  of Criminal Procedure.
         (b)  The commissioner [board] by rule shall establish and
  require payment of a fee as a condition to the issuance of a high
  school equivalency certificate and a copy of the scores of the
  examinations. The fee must be reasonable and designed to cover the
  administrative costs of issuing the certificate and a copy of the
  scores. The agency [board] may not require a waiting period between
  the date a person withdraws from school and the date the person
  takes the examination unless the period relates to the time between
  administrations of the examination.
         SECTION 9.  Section 7.112, Education Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  This section expires January 31, 2014.
         SECTION 10.  Section 7.113, Education Code, is transferred
  to Subchapter B, Chapter 7, Education Code, renumbered as Section
  7.034, Education Code, and amended to read as follows:
         Sec. 7.034 [7.113].  EMPLOYERS FOR EDUCATION EXCELLENCE
  AWARD. (a) The agency [board] shall create the Employers for
  Education Excellence Award to honor employers that implement a
  policy to encourage and support employees who actively participate
  in activities of schools.
         (b)  An employer that meets the criteria described by this
  section may apply for consideration to receive the award.
         (c)  The agency [board] shall establish the following levels
  of recognition for employers:
               (1)  bronze for an employer that implements a policy to
  encourage and support employees who attend parent-teacher
  conferences;
               (2)  silver for an employer that:
                     (A)  meets the requirements of bronze; and
                     (B)  implements a policy to encourage and support
  employees who volunteer in school activities; and
               (3)  gold for an employer that:
                     (A)  meets the requirements of silver; and
                     (B)  implements a policy to encourage and support
  employees who participate in student mentoring programs in schools.
         (d)  The commissioner [board] shall establish criteria to
  certify businesses to receive the Employers for Education
  Excellence Award at the appropriate level of recognition. The
  commissioner shall review the applications submitted by employers
  under Subsection (b) and select [make recommendations to the board
  regarding] businesses that should be recognized and the level at
  which a business should be recognized. [The board may approve or
  modify the commissioner's recommendation.]
         (e)  The agency [board] shall honor the recipient of an
  Employers for Education Excellence Award by presenting the
  recipient with a suitable certificate that includes the business's
  level of recognition and other appropriate information.
         SECTION 11.  Section 11.351, Education Code, is amended to
  read as follows:
         Sec. 11.351.  AUTHORITY TO ESTABLISH SPECIAL-PURPOSE SCHOOL
  DISTRICT. (a) On the recommendation of the commissioner and after
  consulting with the school districts involved and obtaining the
  approval of a majority of those districts in each affected county in
  which a proposed school district is located, the agency [State
  Board of Education] may establish a special-purpose school district
  for the education of students in special situations whose
  educational needs are not adequately met by regular school
  districts. The agency [board] may impose duties or limitations on
  the school district as necessary for the special purpose of the
  district. The agency [board] shall exercise the powers as provided
  by this section relating to the districts established under this
  section.
         (b)  The agency [State Board of Education] shall grant to the
  districts the right to share in the available school fund
  apportionment and other privileges as are granted to independent
  and common school districts.
         SECTION 12.  Section 12.012(a), Education Code, is amended
  to read as follows:
         (a)  A home-rule school district is subject to federal and
  state laws and rules governing school districts, except that a
  home-rule school district is subject to:
               (1)  this code only to the extent that the
  applicability to a home-rule school district of a provision of this
  code is specifically provided;
               (2)  a rule adopted under this code by the [State Board
  of Education or the] commissioner only if the code provision
  authorizing the rule specifically applies to a home-rule school
  district; and
               (3)  all requirements of federal law and applicable
  court orders relating to eligibility for and the provision of
  special education and bilingual programs.
         SECTION 13.  Section 12.112, Education Code, is amended to
  read as follows:
         Sec. 12.112.  FORM. A charter for an open-enrollment
  charter school shall be in the form of a written contract signed by
  the commissioner [chair of the State Board of Education] and the
  chief operating officer of the school.
         SECTION 14.  Section 21.033(a), Education Code, is amended
  to read as follows:
         (a)  The State Board for Educator Certification is composed
  of 14 members. The commissioner [of education] shall appoint two
  employees [an employee] of the agency, one of whom has expertise in
  primary and secondary education and one of whom has expertise in
  higher education, to represent the commissioner as [a] nonvoting
  members [member]. [The commissioner of higher education shall
  appoint an employee of the Texas Higher Education Coordinating
  Board to represent the commissioner as a nonvoting member.] The
  governor shall appoint a dean of a college of education in this
  state as a nonvoting member. The remaining 11 members are appointed
  by the governor with the advice and consent of the senate, as
  follows:
               (1)  four members must be teachers employed in public
  schools;
               (2)  two members must be public school administrators;
               (3)  one member must be a public school counselor; and
               (4)  four members must be citizens, three of whom are
  not and have not, in the five years preceding appointment, been
  employed by a [public] school district or by an educator
  preparation program in an institution of higher education and one
  of whom is not and has not been employed by a [public] school
  district or by an educator preparation program in an institution of
  higher education.
         SECTION 15.  Section 21.034(a), Education Code, is amended
  to read as follows:
         (a)  The board members appointed by the governor hold office
  for staggered terms of six years with the terms of one-third of the
  members expiring on February 1 of each odd-numbered year. A member
  appointed by the commissioner [of education or the commissioner of
  higher education] serves at the will of the [appointing]
  commissioner.
         SECTION 16.  Section 21.042, Education Code, is amended to
  read as follows:
         Sec. 21.042.  APPROVAL OF RULES. The State Board for
  Educator Certification must submit a written copy of each rule it
  proposes to adopt to the commissioner [State Board of Education for
  review]. The commissioner [State Board of Education] may reject a
  proposed rule [by a vote of at least two-thirds of the members of
  the board present and voting]. If the commissioner [State Board of
  Education] fails to reject a proposal before the 90th day after the
  date on which the commissioner [it] receives the proposal, the
  proposal takes effect as a rule of the State Board for Educator
  Certification as provided by Chapter 2001, Government Code. The
  commissioner [State Board of Education] may not modify a rule
  proposed by the State Board for Educator Certification.
         SECTION 17.  Section 28.002(d), Education Code, as added by
  Chapter 895 (H.B. 3), Acts of the 81st Legislature, Regular
  Session, 2009, is amended to read as follows:
         (d)  Each time the agency [Texas Higher Education
  Coordinating Board] revises the Internet database of the agency's
  [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 shall be revised by rule
  as provided by Subsection (c).
         SECTION 18.  Sections 28.008(a), (b), (c), and (d),
  Education Code, are amended to read as follows:
         (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 commissioner [State Board of Education] shall
  incorporate college readiness standards and expectations approved
  by the commissioner [of education and the Texas Higher Education
  Coordinating Board] under Subsection (b) into the essential
  knowledge and skills identified [by the board] under Section
  28.002(c).
         SECTION 19.  Sections 28.014(a), (c), (d), (e), and (f),
  Education Code, are amended to read as follows:
         (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.
         (c)  The agency[, in consultation with the Texas Higher
  Education Coordinating Board,] shall adopt an end-of-course
  assessment instrument for each course developed under this section
  to ensure the rigor of the course. A school district shall, in
  accordance with commissioner [State Board of Education] rules,
  administer the end-of-course assessment instrument to a student
  enrolled in a course developed under this section. Each school
  district shall adopt a policy that requires a student's performance
  on the end-of-course assessment instrument to account for 15
  percent of the student's final grade for the course. A student's
  performance on an end-of-course assessment instrument administered
  under this subsection may be used, on a scale of 0-40, in
  calculating whether the student satisfies the graduation
  requirements established under Section 39.025.
         (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 commissioner [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 Section
  [Sections] 28.008 [and 61.0763] in developing a course and related
  instructional materials under this section. The agency [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.
         SECTION 20.  Sections 28.025(a), (b), (b-1), (b-2), (b-3),
  (b-7), (c), (d), and (e), Education Code, are amended to read as
  follows:
         (a)  The commissioner [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 commissioner [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 commissioner [State Board of Education] may not
  designate a specific course or a specific number of credits in the
  enrichment curriculum as requirements for the recommended program.
         (b)  A school district shall ensure that each student enrolls
  in the courses necessary to complete the curriculum requirements
  identified by the commissioner [State Board of Education] under
  Subsection (a) for the recommended or advanced high school program
  unless the student, the student's parent or other person standing
  in parental relation to the student, and a school counselor or
  school administrator agree in writing signed by each party that the
  student should be permitted to take courses under the minimum high
  school program and the student:
               (1)  is at least 16 years of age;
               (2)  has completed two credits required for graduation
  in each subject of the foundation curriculum under Section
  28.002(a)(1); or
               (3)  has failed to be promoted to the tenth grade one or
  more times as determined by the school district.
         (b-1)  The commissioner [State Board of Education] by rule
  shall 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
  commissioner [State Board of Education] shall allow a student to
  comply with the curriculum requirements for a mathematics course
  under Subsection (b-1)(1)(A) [(b-1)(1)] taken after the successful
  completion of an Algebra II course or science course under
  Subsection (b-1)(1)(A) [(b-1)(1)] taken after the successful
  completion of a physics course by successfully completing an
  advanced career and technical course designated by the commissioner
  [State Board of Education] as containing substantively similar and
  rigorous academic content. A student may use the option provided by
  this subsection for not more than two courses.
         (b-3)  In adopting rules to provide students with the option
  described by Subsection (b-1)(1)(A), the commissioner [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-7)  The commissioner [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.
         (c)  A person may receive a diploma if the person is eligible
  for a diploma under Section 28.0251. In other cases, a student may
  graduate and receive a diploma only if:
               (1)  the student successfully completes the curriculum
  requirements identified by the commissioner [State Board of
  Education] under Subsection (a) and complies with Section 39.025;
  or
               (2)  the student successfully completes an
  individualized education program developed under Section 29.005.
         (d)  A school district may issue a certificate of coursework
  completion to a student who successfully completes the curriculum
  requirements identified by the commissioner [State Board of
  Education] under Subsection (a) but who fails to comply with
  Section 39.025. A school district may allow a student who receives
  a certificate to participate in a graduation ceremony with students
  receiving high school diplomas.
         (e)  Each school district shall report the academic
  achievement record of students who have completed a minimum,
  recommended, or advanced high school program on transcript forms
  adopted by the commissioner [State Board of Education]. The
  transcript forms adopted by the commissioner [board] must be
  designed to clearly differentiate between each of the high school
  programs and identify whether a student received a diploma or a
  certificate of coursework completion.
         SECTION 21.  Section 29.182(b), Education Code, is amended
  to read as follows:
         (b)  The state plan must include procedures designed to
  ensure that:
               (1)  all secondary and postsecondary students have the
  opportunity to participate in career and technology education
  programs;
               (2)  the state complies with requirements for
  supplemental federal career and technology education funding; and
               (3)  career and technology education is established as
  a part of the total education system of this state and constitutes
  an option for student learning that provides a rigorous course of
  study consistent with the required curriculum under Section 28.002
  and under which a student may receive specific education in a career
  and technology program that:
                     (A)  incorporates competencies leading to
  academic and technical skill attainment;
                     (B)  leads to:
                           (i)  an industry-recognized license,
  credential, or certificate; or
                           (ii)  at the postsecondary level, an
  associate or baccalaureate degree;
                     (C)  includes opportunities for students to earn
  college credit for coursework; and
                     (D)  includes, as an integral part of the program,
  participation by students and teachers in activities of career and
  technical student organizations supported by the agency [and the
  State Board of Education].
         SECTION 22.  Section 29.190(e), Education Code, is amended
  to read as follows:
         (e)  The commissioner, in collaboration with [the
  commissioner of higher education and] the Texas Workforce
  Commission, shall determine as necessary the occupations that
  qualify for purposes of this section.
         SECTION 23.  Sections 29.904(b) and (e), Education Code, are
  amended to read as follows:
         (b)  The agency [and the Texas Higher Education Coordinating
  Board] shall identify [collaborate in identifying] each school
  district to which this section applies. Not later than May 1 of
  each year, [:
               [(1)]  the agency shall notify:
               (1)  a district to which this section applies of the
  applicability of this section to the district unless the district
  is operating under a plan required by this section; and
               (2)  [the coordinating board shall notify] each public
  institution of higher education in this state in closest geographic
  proximity to a district to which this section applies of the
  applicability of this section to the district unless the district
  is operating under a plan required by this section.
         (e)  A school district shall file the plan with the
  commissioner [of education and the commissioner of higher
  education].
         SECTION 24.  Section 31.003, Education Code, is amended to
  read as follows:
         Sec. 31.003.  RULES. The commissioner [State Board of
  Education] may adopt rules, consistent with this chapter, for the
  adoption, requisition, distribution, care, use, and disposal of
  textbooks.
         SECTION 25.  Section 31.004, Education Code, is amended to
  read as follows:
         Sec. 31.004.  CERTIFICATION OF PROVISION OF TEXTBOOKS,
  ELECTRONIC TEXTBOOKS, AND INSTRUCTIONAL MATERIALS. Each school
  district and open-enrollment charter school shall annually certify
  to [the State Board of Education and] the commissioner that, for
  each subject in the required curriculum and each grade level, the
  district provides each student with textbooks, electronic
  textbooks, or instructional materials that cover all elements of
  the essential knowledge and skills adopted [by the State Board of
  Education] for that subject and grade level.
         SECTION 26.  Sections 31.021(b) and (f), Education Code, are
  amended to read as follows:
         (b)  The State Board of Education shall annually set aside
  out of the available school fund of the state an amount sufficient
  for the agency [board], school districts, and open-enrollment
  charter schools to purchase and distribute the necessary textbooks
  for the use of the students of this state for the following school
  year. The board shall determine the amount of the available school
  fund to set aside for the state textbook fund based on:
               (1)  a report by the commissioner issued on July 1 or,
  if that date is a Saturday or Sunday, on the following Monday,
  stating the amount of unobligated money in the fund;
               (2)  the commissioner's estimate, based on textbooks
  selected under Section 31.101 and on attendance reports submitted
  under Section 31.103 by school districts and open-enrollment
  charter schools, of the amount of funds, in addition to funds
  reported under Subdivision (1), that will be necessary for purchase
  and distribution of textbooks for the following school year; and
               (3)  any amount the board determines should be set
  aside for emergency purposes caused by unexpected increases in
  attendance.
         (f)  The state textbook fund may be used to purchase
  technological equipment necessary to support the use of electronic
  textbooks or instructional material included on the list adopted
  under Section 31.0231 or any textbook or material approved by the
  agency [State Board of Education].
         SECTION 27.  Section 31.022, Education Code, is amended to
  read as follows:
         Sec. 31.022.  TEXTBOOK REVIEW AND ADOPTION. (a) The agency
  [State Board of Education] shall adopt a review and adoption cycle
  for textbooks for elementary grade levels, including
  prekindergarten, and secondary grade levels, for each subject in
  the required curriculum under Section 28.002.
         (b)  The agency [board] shall organize the cycle for subjects
  in the foundation curriculum so that not more than one-sixth of the
  textbooks for subjects in the foundation curriculum are reviewed
  each year. The commissioner [board] shall adopt rules to provide
  for a full and complete investigation of textbooks for each subject
  in the foundation curriculum at least every six years. The adoption
  of textbooks for a subject in the foundation curriculum may be
  extended beyond the six-year period only if the content of
  textbooks for a subject is sufficiently current.
         (c)  The commissioner [board] shall adopt rules to provide
  for a full and complete investigation of textbooks for each subject
  in the enrichment curriculum on a cycle the agency [board]
  considers appropriate.
         (d)  At least 24 months before the beginning of the school
  year for which textbooks for a particular subject and grade level
  will be purchased under the review and adoption cycle adopted by the
  agency [board], the agency [board] shall publish notice of the
  review and adoption cycle for those textbooks.
         (e)  The agency [board] shall designate a request for
  production of textbooks in a subject area and grade level by the
  school year in which the textbooks are intended to be made available
  in classrooms and not by the school year in which the agency [board]
  makes the request for production.
         (f)  The agency [board] shall amend any request for
  production issued for the purchase of textbooks to conform to the
  textbook funding levels provided by the General Appropriations Act
  for the year of implementation.
         SECTION 28.  Section 31.0221(a), Education Code, is amended
  to read as follows:
         (a)  The commissioner [State Board of Education] shall adopt
  rules for the midcycle review and adoption of a textbook for a
  subject for which textbooks are not currently under review by the
  agency [board] under Section 31.022. The rules must require:
               (1)  the publisher of the textbook to pay a fee to the
  agency [board] to cover the cost of the midcycle review and adoption
  of the textbook;
               (2)  the publisher of the textbook to enter into a
  contract with the agency [board] concerning the textbook for a term
  that ends at the same time as any contract entered into by the
  agency [board] for another textbook for the same subject and grade
  level; and
               (3)  a commitment from the publisher to provide the
  textbook to school districts in the manner specified by the
  publisher, which may include:
                     (A)  providing the textbook to any district in a
  regional education service center area identified by the publisher;
  or
                     (B)  providing a certain maximum number of
  textbooks specified by the publisher.
         SECTION 29.  Section 31.0222, Education Code, is amended to
  read as follows:
         Sec. 31.0222.  BUDGET-BALANCED CYCLE. In determining the
  review and adoption cycle of textbooks under Section 31.022, the
  agency [State Board of Education] shall:
               (1)  consult with the Legislative Budget Board and the
  governor's office of budget, planning, and policy before approving
  and publishing any notice or amendment of a cycle;
               (2)  review and consider:
                     (A)  historic average funding levels for
  textbooks purchased in previous bienniums;
                     (B)  expected average costs of future textbook
  purchases;
                     (C)  anticipated student enrollment in future
  years;
                     (D)  scheduled revisions to curriculum; and
                     (E)  the impact on the state budget of the
  adoption of textbooks in all or some grade levels in a subject area;
  and
               (3)  limit the cycle to subject areas for which
  textbooks can be purchased with the funding anticipated to be
  available in the state textbook fund for the school year in which
  the textbooks are to be adopted.
         SECTION 30.  Section 31.023(a), Education Code, is amended
  to read as follows:
         (a)  For each subject and grade level, the agency [State
  Board of Education] shall adopt two lists of textbooks. The
  conforming list includes each textbook submitted for the subject
  and grade level that meets applicable physical specifications
  adopted by the agency [State Board of Education] and contains
  material covering each element of the essential knowledge and
  skills of the subject and grade level in the student version of the
  textbook, as well as in the teacher version of the textbook, as
  determined by the agency [State Board of Education] under Section
  28.002 and adopted under Section 31.024. The nonconforming list
  includes each textbook submitted for the subject and grade level
  that:
               (1)  meets applicable physical specifications adopted
  by the agency [State Board of Education];
               (2)  contains material covering at least half, but not
  all, of the elements of the essential knowledge and skills of the
  subject and grade level in the student version of the textbook, as
  well as in the teacher version of the textbook; and
               (3)  is adopted under Section 31.024.
         SECTION 31.  Section 31.0231(c), Education Code, is amended
  to read as follows:
         (c)  [Before the commissioner places an electronic textbook
  or instructional material on the list adopted under Subsection (a),
  the State Board of Education must be given an opportunity to comment
  on the electronic textbook or instructional material.] An
  electronic textbook or instructional material placed on the list
  adopted under Subsection (a):
               (1)  must be reviewed and recommended to the
  commissioner by a panel of recognized experts in the subject area of
  the electronic textbook or instructional material and experts in
  education technology;
               (2)  must satisfy criteria adopted for the purpose by
  commissioner rule; and
               (3)  must meet the National Instructional Materials
  Accessibility Standard, to the extent practicable as determined by
  the commissioner.
         SECTION 32.  Section 31.024, Education Code, is amended to
  read as follows:
         Sec. 31.024.  ADOPTION BY AGENCY [STATE BOARD OF EDUCATION].
  (a)  The agency [By majority vote, the State Board of Education]
  shall:
               (1)  place each submitted textbook on a conforming or
  nonconforming list; or
               (2)  reject a textbook submitted for placement on a
  conforming or nonconforming list.
         (b)  Not later than December 1 of the year preceding the
  school year for which the textbooks for a particular subject and
  grade level will be purchased under the cycle adopted by the agency
  [board] under Section 31.022, the agency [board] shall provide the
  lists of adopted textbooks to each school district. Each
  nonconforming list must include the reasons an adopted textbook is
  not eligible for the conforming list.
         SECTION 33.  Sections 31.0241(a) and (b), Education Code,
  are amended to read as follows:
         (a)  In this section, "eligible institution" means:
               (1)  a public institution of higher education that is
  designated as a research university or emerging research university
  under the agency's [higher education coordinating board's]
  accountability system, or a private university located in this
  state that is a member of the Association of American Universities;
  or
               (2)  a public technical institute, as defined by
  Section 61.003.
         (b)  The agency [State Board of Education] shall place an
  open-source textbook for a secondary-level course submitted for
  adoption by an eligible institution on a conforming or
  nonconforming list if:
               (1)  the textbook is written, compiled, or edited
  primarily by faculty of the eligible institution who specialize in
  the subject area of the textbook;
               (2)  the eligible institution identifies each
  contributing author;
               (3)  the appropriate department of the eligible
  institution certifies the textbook for accuracy; and
               (4)  the eligible institution determines that the
  textbook qualifies for placement on the conforming or nonconforming
  list based on the extent to which the textbook covers the essential
  knowledge and skills identified under Section 28.002 for the
  subject for which the textbook is written and certifies that:
                     (A)  for a textbook for a senior-level course, a
  student who successfully completes a course based on the textbook
  will be prepared, without remediation, for entry into the eligible
  institution's freshman-level course in that subject; or
                     (B)  for a textbook for a junior-level and
  senior-level course, a student who successfully completes the
  junior-level course based on the textbook will be prepared for
  entry into the senior-level course.
         SECTION 34.  Section 31.025(a), Education Code, is amended
  to read as follows:
         (a)  The agency [State Board of Education] shall set a limit
  on the cost that may be paid from the state textbook fund for a
  textbook placed on the conforming or nonconforming list for a
  particular subject and grade level. The agency [board] may not
  reject a textbook for placement on the conforming or nonconforming
  list because the textbook's price exceeds the limit established
  under this subsection.
         SECTION 35.  Sections 31.026(a) and (b), Education Code, are
  amended to read as follows:
         (a)  The agency [State Board of Education] shall execute a
  contract:
               (1)  for the purchase of each adopted textbook other
  than an electronic textbook; and
               (2)  for the purchase or licensing of each adopted
  electronic textbook.
         (b)  A contract must require the publisher to provide the
  number of textbooks required by school districts in this state for
  the term of the contract, which must coincide with the agency's
  [board's] adoption cycle.
         SECTION 36.  Section 31.0261, Education Code, is amended to
  read as follows:
         Sec. 31.0261.  CONTRACTS FOR PRINTING OF OPEN-SOURCE
  TEXTBOOKS. The agency [State Board of Education] may execute a
  contract for the printing of an open-source textbook listed on the
  conforming or nonconforming list. The contract must allow a school
  district to requisition printed copies of an open-source textbook
  as provided by Section 31.103.
         SECTION 37.  Sections 31.028(a), (b), and (c), Education
  Code, are amended to read as follows:
         (a)  The agency [State Board of Education] may purchase
  special textbooks for the education of blind and visually impaired
  students in public schools. In addition, for a teacher who is blind
  or visually impaired, the agency [board] shall provide a teacher's
  edition in Braille or large type, as requested by the teacher, for
  each textbook the teacher uses in the instruction of students. The
  teacher edition must be available at the same time the student
  textbooks become available.
         (b)  The publisher of an adopted textbook shall provide the
  agency with computerized textbook files for the production of
  Braille textbooks or other versions of textbooks to be used by
  students with disabilities, on request of the agency [State Board
  of Education]. A publisher shall arrange computerized textbook
  files in one of several optional formats specified by the agency
  [State Board of Education].
         (c)  The agency [board] may also enter into agreements
  providing for the acceptance, requisition, and distribution of
  special textbooks and instructional aids pursuant to 20 U.S.C.
  Section 101 et seq. for use by students enrolled in:
               (1)  public schools; or
               (2)  private nonprofit schools, if state funds, other
  than for administrative costs, are not involved.
         SECTION 38.  Section 31.029, Education Code, is amended to
  read as follows:
         Sec. 31.029.  BILINGUAL TEXTBOOKS. The agency [board] shall
  purchase or otherwise acquire textbooks for use in bilingual
  education classes.
         SECTION 39.  Section 31.030, Education Code, is amended to
  read as follows:
         Sec. 31.030.  USED TEXTBOOKS. The commissioner [State Board
  of Education] shall adopt rules to ensure that used textbooks sold
  to school districts and open-enrollment charter schools are not
  sample copies that contain factual errors. The rules may provide
  for the imposition of an administrative penalty in accordance with
  Section 31.151 against a seller of used textbooks who knowingly
  violates this section.
         SECTION 40.  Sections 31.035(a), (b), and (f), Education
  Code, are amended to read as follows:
         (a)  Notwithstanding any other provision of this subchapter,
  the agency [State Board of Education] may adopt supplemental
  textbooks that are not on the conforming or nonconforming list
  under Section 31.023. The agency [State Board of Education] may
  adopt a supplemental textbook under this section only if the
  textbook:
               (1)  contains material covering one or more primary
  focal points or primary topics of a subject in the required
  curriculum under Section 28.002, as determined by the agency [State
  Board of Education];
               (2)  is not designed to serve as the sole textbook for a
  full course;
               (3)  meets applicable physical specifications adopted
  by the agency [State Board of Education]; and
               (4)  is free from factual errors.
         (b)  The agency [State Board of Education] shall identify the
  essential knowledge and skills identified under Section 28.002 that
  are covered by a supplemental textbook adopted by the agency
  [board] under this section.
         (f)  A school district or open-enrollment charter school
  that requisitions supplemental textbooks under Subsection (d)(2)
  shall certify to the agency that the supplemental textbooks, in
  combination with any other textbooks or supplemental textbooks used
  by the district or school, cover the essential knowledge and skills
  identified under Section 28.002 by the agency [State Board of
  Education] for the subject and grade level for which the district or
  school is requisitioning the supplemental textbooks.
         SECTION 41.  Section 31.072(b), Education Code, is amended
  to read as follows:
         (b)  Following a curriculum revision by the agency [State
  Board of Education], the commissioner shall require the revision of
  a state-developed open-source textbook relating to that
  curriculum. The commissioner may, at any time, require an
  additional revision of a state-developed open-source textbook or
  contract for ongoing revisions of a textbook for a period not to
  exceed the period under Section 31.022 for which a textbook for that
  subject and grade level may be adopted. The commissioner shall use
  a competitive process to request proposals to revise a
  state-developed open-source textbook under this subsection.
         SECTION 42.  Section 31.073(b), Education Code, is amended
  to read as follows:
         (b)  If a school district or open-enrollment charter school
  selects a state-developed open-source textbook instead of another
  textbook adopted under Subchapter B, the difference between the
  cost determined by the commissioner under Subsection (a) and the
  maximum price for a textbook in the same subject area, as determined
  [by the State Board of Education] under Section 31.025, shall be
  allocated as follows:
               (1)  50 percent of the amount shall be credited to the
  state textbook fund under Section 31.021 to be used for purposes of
  this subchapter; and
               (2)  50 percent of the amount shall be credited to the
  school district or open-enrollment charter school for use as
  provided by Section 31.1011(c).
         SECTION 43.  Sections 31.101(a), (c-1), and (d), Education
  Code, are amended to read as follows:
         (a)  Each year, during a period established by the agency
  [State Board of Education], the board of trustees of each school
  district and the governing body of each open-enrollment charter
  school shall:
               (1)  for a subject in the foundation curriculum, notify
  the agency [State Board of Education] of the textbooks selected by
  the board of trustees or governing body for the following school
  year from among the textbooks on the appropriate conforming or
  nonconforming list, including the list adopted under Section
  31.0231; or
               (2)  for a subject in the enrichment curriculum:
                     (A)  notify the agency [State Board of Education]
  of each textbook selected by the board of trustees or governing body
  for the following school year from among the textbooks on the
  appropriate conforming or nonconforming list, including the list
  adopted under Section 31.0231; or
                     (B)  notify the agency [State Board of Education]
  that the board of trustees or governing body has selected a textbook
  that is not on the conforming or nonconforming list.
         (c-1)  Notwithstanding any other provision of this chapter,
  a school district or open-enrollment charter school must purchase a
  classroom set of textbooks adopted by the agency [State Board of
  Education] under Section 31.023 or 31.035 for each subject and
  grade level in the foundation and enrichment curriculum.
         (d)  For a textbook that is not on the conforming or
  nonconforming list, a school district or open-enrollment charter
  school must use the textbook for the period of the review and
  adoption cycle the agency [State Board of Education] has
  established for the subject and grade level for which the textbook
  is used.
         SECTION 44.  Section 31.103(b), Education Code, is amended
  to read as follows:
         (b)  A requisition for textbooks for the following school
  year shall be based on the maximum attendance reports under
  Subsection (a), plus an additional 10 percent, except as otherwise
  provided. A school district or open-enrollment charter school
  shall make a requisition for a textbook on the conforming or
  nonconforming list through the commissioner to the state depository
  designated by the publisher or as provided by commissioner [State
  Board of Education] rule, as applicable, not later than June 1 of
  each year. The designated state depository or, if the publisher or
  manufacturer does not have a designated textbook depository in this
  state under Section 31.151(a)(6)(B), the publisher or manufacturer
  shall fill a requisition approved by the agency at any other time in
  the case of an emergency. As made necessary by available funds, the
  commissioner shall reduce the additional percentage of attendance
  for which a district or school may requisition textbooks. The
  commissioner may, on application of a district or school that is
  experiencing high enrollment growth, increase the additional
  percentage of attendance for which the district or school may
  requisition textbooks.
         SECTION 45.  Section 31.1031, Education Code, is amended to
  read as follows:
         Sec. 31.1031.  SHORTAGE OF REQUISITIONED TEXTBOOKS. If a
  school district or open-enrollment charter school does not have a
  sufficient number of copies of a textbook used by the district or
  school for use during the following school year, and a sufficient
  number of additional copies will not be available from the
  depository or the publisher within the time specified by Section
  31.151(a)(8), the district or school is entitled to:
               (1)  be reimbursed from the state textbook fund, at a
  rate and in the manner provided by commissioner [State Board of
  Education] rule, for the purchase of a sufficient number of used
  adopted textbooks; or
               (2)  return currently used textbooks to the
  commissioner in exchange for sufficient copies, if available, of
  other textbooks on the conforming or nonconforming list to be used
  during the following school year.
         SECTION 46.  Sections 31.151(a), (b), and (c), Education
  Code, are amended to read as follows:
         (a)  A publisher or manufacturer of textbooks:
               (1)  shall furnish any textbook the publisher or
  manufacturer offers in this state, at a price that does not exceed
  the lowest price at which the publisher offers that textbook for
  adoption or sale to any state, public school, or school district in
  the United States;
               (2)  shall automatically reduce the price of a textbook
  sold for use in a school district or open-enrollment charter school
  to the extent that the price is reduced elsewhere in the United
  States;
               (3)  shall provide any textbook or ancillary item free
  of charge in this state to the same extent that the publisher or
  manufacturer provides the textbook or ancillary item free of charge
  to any state, public school, or school district in the United
  States;
               (4)  shall guarantee that each copy of a textbook sold
  in this state is at least equal in quality to copies of that
  textbook sold elsewhere in the United States and is free from
  factual error;
               (5)  may not become associated or connected with,
  directly or indirectly, any combination in restraint of trade in
  textbooks or enter into any understanding or combination to control
  prices or restrict competition in the sale of textbooks for use in
  this state;
               (6)  shall:
                     (A)  maintain a depository in this state or
  arrange with a depository in this state to receive and fill orders
  for textbooks, other than open-source textbooks, on-line
  textbooks, or on-line textbook components, consistent with
  commissioner [State Board of Education] rules; or
                     (B)  deliver textbooks to a school district or
  open-enrollment charter school without a delivery charge to the
  school district, open-enrollment charter school, or state, if:
                           (i)  the publisher or manufacturer does not
  maintain or arrange with a depository in this state under Paragraph
  (A) and the publisher's or manufacturer's textbooks and related
  products are warehoused or otherwise stored less than 300 miles
  from a border of this state; or
                           (ii)  the textbooks are open-source
  textbooks, on-line textbooks, or on-line textbook components;
               (7)  shall, at the time an order for textbooks is
  acknowledged, provide to school districts or open-enrollment
  charter schools an accurate shipping date for textbooks that are
  back-ordered;
               (8)  shall guarantee delivery of textbooks at least 10
  business days before the opening day of school of the year for which
  the textbooks are ordered if the textbooks are ordered by a date
  specified in the sales contract; and
               (9)  shall submit to the agency [State Board of
  Education] an affidavit certifying any textbook the publisher or
  manufacturer offers in this state to be free of factual errors at
  the time the publisher executes the contract required by Section
  31.026.
         (b)  The commissioner [State Board of Education] may impose a
  reasonable administrative penalty against a publisher or
  manufacturer who knowingly violates Subsection (a). The
  commissioner [board] shall provide for a hearing to be held to
  determine whether a penalty is to be imposed and, if so, the amount
  of the penalty. The commissioner [board] shall base the amount of
  the penalty on:
               (1)  the seriousness of the violation;
               (2)  any history of a previous violation;
               (3)  the amount necessary to deter a future violation;
               (4)  any effort to correct the violation; and
               (5)  any other matter justice requires.
         (c)  A hearing under Subsection (b) shall be held according
  to rules adopted by the commissioner [State Board of Education].
         SECTION 47.  Section 31.201, Education Code, is amended to
  read as follows:
         Sec. 31.201.  DISPOSITION OF TEXTBOOKS. (a) The
  commissioner[, with the approval of the State Board of Education,]
  may provide for the disposition of:
               (1)  textbooks, other than electronic textbooks, that
  are no longer in acceptable condition to be used for instructional
  purposes; or
               (2)  discontinued textbooks, other than electronic
  textbooks.
         (b)  The commissioner, as provided by rules adopted by the
  commissioner [State Board of Education], shall make available on
  request copies of discontinued textbooks, other than electronic
  textbooks, for use in libraries maintained in municipal and county
  jails, facilities operated by the Texas Department of Criminal
  Justice for the imprisonment of individuals convicted of felonies
  other than state jail felonies, and other state agencies.
         (c)  The commissioner [State Board of Education] shall adopt
  rules under which a school district or open-enrollment charter
  school may donate discontinued textbooks, other than electronic
  textbooks, to a student, to an adult education program, or to a
  nonprofit organization.
         SECTION 48.  Section 32.001, Education Code, is amended to
  read as follows:
         Sec. 32.001.  DEVELOPMENT OF LONG-RANGE PLAN. (a) The
  agency [State Board of Education] shall develop a long-range plan
  for:
               (1)  acquiring and using technology in the public
  school system;
               (2)  fostering professional development related to the
  use of technology for educators and others associated with child
  development;
               (3)  fostering computer literacy among public school
  students so that [by the year 2000] each high school graduate in
  this state has computer-related skills that meet standards adopted
  by the commissioner [board]; and
               (4)  identifying and, through regional education
  service centers, distributing information on emerging technology
  for use in the public schools.
         (b)  The agency [State Board of Education] shall update as
  necessary the plan developed under Subsection (a).
         (c)  The agency [State Board of Education], in coordination
  with [the Texas Higher Education Coordinating Board and] other
  public agencies and institutions the agency [State Board of
  Education] considers appropriate, shall propose legislation and
  funding necessary to implement the plan developed under Subsection
  (a).
         (d)  In developing the plan, the agency shall [State Board of
  Education must] consider accessibility of technology to students
  with disabilities.
         SECTION 49.  Sections 32.034(a), (c), (d), and (e),
  Education Code, are amended to read as follows:
         (a)  The commissioner[, as provided by State Board of
  Education policy,] may enter into an interagency contract with a
  public institution of higher education or a consortium of public
  institutions of higher education in this state to sponsor a center
  for educational technology under this section.
         (c)  The membership of the center shall consist of public
  school educators, regional education service centers, institutions
  of higher education, nonprofit organizations, and private sector
  representatives. The commissioner [State Board of Education] shall
  establish membership policies for the center.
         (d)  The board of directors of the center is composed of the
  commissioner or the commissioner's representative and other
  persons [shall be] appointed by the commissioner, as follows [State
  Board of Education and shall consist of]:
               (1)  representatives of the center, including members
  of the public education system; and
               (2)  a representative of each sponsoring institution of
  higher education[; and
               [(3)  the commissioner or the commissioner's
  representative].
         (e)  The board of directors shall:
               (1)  employ a director for the center;
               (2)  establish priorities for the center's activities;
  and
               (3)  report annually on the operation, projects, and
  fiscal affairs of the center to the commissioner if the
  commissioner does not serve on the board and to [State Board of
  Education and] the membership of the center.
         SECTION 50.  Sections 33.084(a) and (e), Education Code, are
  amended to read as follows:
         (a)  The interscholastic league advisory council is composed
  of:
               (1)  the commissioner [two members of the State Board
  of Education appointed by the chair of the board];
               (2)  a member of the house of representatives appointed
  by the speaker of the house;
               (3)  a member of the senate appointed by the lieutenant
  governor;
               (4)  two members of the legislative council of the
  University Interscholastic League appointed by the chairman of the
  council;
               (5)  two public school board members appointed by the
  commissioner; and
               (6)  four [three] members of the public appointed by
  the commissioner.
         (e)  The advisory council shall review the rules of the
  University Interscholastic League and shall make recommendations
  relating to the rules to the governor, the legislature, the
  legislative council of the University Interscholastic League, and
  the commissioner [State Board of Education].
         SECTION 51.  Section 37.108(a), Education Code, is amended
  to read as follows:
         (a)  Each school district or public junior college district
  shall adopt and implement a multihazard emergency operations plan
  for use in the district's facilities. The plan must address
  mitigation, preparedness, response, and recovery as defined by the
  commissioner [of education or commissioner of higher education] in
  conjunction with the governor's office of homeland security. The
  plan must provide for:
               (1)  district employee training in responding to an
  emergency;
               (2)  if the plan applies to a school district,
  mandatory school drills and exercises to prepare district students
  and employees for responding to an emergency;
               (3)  measures to ensure coordination with the
  Department of State Health Services and local emergency management
  agencies, law enforcement, health departments, and fire
  departments in the event of an emergency; and
               (4)  the implementation of a safety and security audit
  as required by Subsection (b).
         SECTION 52.  Sections 37.203(a) and (b), Education Code, are
  amended to read as follows:
         (a)  The center is advised by a board of directors composed
  of:
               (1)  the attorney general, or the attorney general's
  designee;
               (2)  the commissioner, or the commissioner's designee;
               (3)  the executive director of the Texas Juvenile
  Probation Commission, or the executive director's designee;
               (4)  the executive commissioner of the Texas Youth
  Commission, or the executive commissioner's designee;
               (5)  the commissioner of the Department of State Health
  Services, or the commissioner's designee; and
               (6)  [the commissioner of higher education, or the
  commissioner's designee; and
               [(7)]  the following members appointed by the governor
  with the advice and consent of the senate:
                     (A)  a juvenile court judge;
                     (B)  a member of a school district's board of
  trustees;
                     (C)  an administrator of a public primary school;
                     (D)  an administrator of a public secondary
  school;
                     (E)  a member of the state parent-teacher
  association;
                     (F)  a teacher from a public primary or secondary
  school;
                     (G)  a public school superintendent who is a
  member of the Texas Association of School Administrators;
                     (H)  a school district police officer or a peace
  officer whose primary duty consists of working in a public school;
  [and]
                     (I)  an administrator of a public institution of
  higher education; and
                     (J)  two members of the public.
         (b)  Members of the board appointed under Subsection (a)(6)
  [(a)(7)] serve staggered two-year terms, with the terms of the
  members described by Subsections (a)(6)(A)-(E) [(a)(7)(A)-(E)]
  expiring on February 1 of each odd-numbered year and the terms of
  the members described by Subsections (a)(6)(F)-(J) [(a)(7)(F)-(I)]
  expiring on February 1 of each even-numbered year. A member may
  serve more than one term.
         SECTION 53.  Section 37.216(a), Education Code, is amended
  to read as follows:
         (a)  Not later than January 1 of each odd-numbered year, the
  board shall provide a report to the governor, the legislature, [the
  State Board of Education,] and the agency.
         SECTION 54.  Section 37.2161(a), Education Code, is amended
  to read as follows:
         (a)  The center shall periodically provide a school safety
  and security progress report to the governor, the legislature, [the
  State Board of Education,] and the agency that contains current
  information regarding school safety and security in the school
  districts and public junior college districts of this state based
  on:
               (1)  elements of each district's multihazard emergency
  operations plan required by Section 37.108(a);
               (2)  elements of each district's safety and security
  audit required by Section 37.108(b); and
               (3)  any other report required to be submitted to the
  center.
         SECTION 55.  Sections 39.023(c), (c-3), (e), (g), (h), and
  (l), Education Code, are amended to read as follows:
         (c)  The agency shall also adopt end-of-course assessment
  instruments for secondary-level courses in Algebra I, Algebra II,
  geometry, biology, chemistry, physics, English I, English II,
  English III, world geography, world history, and United States
  history. The Algebra I, Algebra II, and geometry end-of-course
  assessment instruments must be administered with the aid of
  technology. A school district shall comply with commissioner
  [State Board of Education] rules regarding administration of the
  assessment instruments listed in this subsection and shall adopt a
  policy that requires a student's performance on an end-of-course
  assessment instrument for a course listed in this subsection in
  which the student is enrolled to account for 15 percent of the
  student's final grade for the course. If a student retakes an
  end-of-course assessment instrument for a course listed in this
  subsection, as provided by Section 39.025, a school district is not
  required to use the student's performance on the subsequent
  administration or administrations of the assessment instrument to
  determine the student's final grade for the course. If a student is
  in a special education program under Subchapter A, Chapter 29, the
  student's admission, review, and dismissal committee shall
  determine whether any allowable modification is necessary in
  administering to the student an assessment instrument required
  under this subsection. The agency [State Board of Education] shall
  administer the assessment instruments. The agency [State Board of
  Education] shall adopt a schedule for the administration of
  end-of-course assessment instruments that complies with the
  requirements of Subsection (c-3).
         (c-3)  In adopting a schedule for the administration of
  assessment instruments under this section, the agency [State Board
  of Education] shall require:
               (1)  assessment instruments administered under
  Subsection (a) to be administered on a schedule so that the first
  assessment instrument is administered at least two weeks later than
  the date on which the first assessment instrument was administered
  under Subsection (a) during the 2006-2007 school year; and
               (2)  the spring administration of end-of-course
  assessment instruments under Subsection (c) to occur in each school
  district not earlier than the first full week in May, except that
  the spring administration of the end-of-course assessment
  instruments in English I, English II, and English III must be
  permitted to occur at an earlier date.
         (e)  Under rules adopted by the commissioner [State Board of
  Education], every third year, the agency shall release the
  questions and answer keys to each assessment instrument
  administered under Subsection (a), (b), (c), (d), or (l), excluding
  any assessment instrument administered to a student for the purpose
  of retaking the assessment instrument, after the last time the
  instrument is administered for that school year. To ensure a valid
  bank of questions for use each year, the agency is not required to
  release a question that is being field-tested and was not used to
  compute the student's score on the instrument. The agency shall
  also release, under commissioner [board] rule, each question that
  is no longer being field-tested and that was not used to compute a
  student's score.
         (g)  The agency [State Board of Education] may adopt one
  appropriate, nationally recognized, norm-referenced assessment
  instrument in reading and mathematics to be administered to a
  selected sample of students in the spring. If adopted, a
  norm-referenced assessment instrument must be a secured test. The
  state may pay the costs of purchasing and scoring the adopted
  assessment instrument and of distributing the results of the
  adopted instrument to the school districts. A district that
  administers the norm-referenced test adopted under this subsection
  shall report the results to the agency in a manner prescribed by the
  commissioner.
         (h)  The agency shall notify school districts and campuses of
  the results of assessment instruments administered under this
  section at the earliest possible date [determined by the State
  Board of Education] but not later than the beginning of the
  subsequent school year.
         (l)  The commissioner [State Board of Education] shall adopt
  rules for the administration of the assessment instruments adopted
  under Subsection (a) in Spanish to students in grades three through
  five who are of limited English proficiency, as defined by Section
  29.052, whose primary language is Spanish, and who are not
  otherwise exempt from the administration of an assessment
  instrument under Section 39.027(a)(1) or (2). Each student of
  limited English proficiency whose primary language is Spanish,
  other than a student to whom Subsection (b) applies, may be assessed
  using assessment instruments in Spanish under this subsection for
  up to three years or assessment instruments in English under
  Subsection (a). The language proficiency assessment committee
  established under Section 29.063 shall determine which students are
  administered assessment instruments in Spanish under this
  subsection.
         SECTION 56.  Sections 39.0233(a) and (c), Education Code,
  are amended to read as follows:
         (a)  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 Section 39.023(c) to be used for purposes of Section 51.3062.
  The questions adopted under this subsection must be developed in a
  manner consistent with any college readiness standards adopted
  under Sections 39.233 [39.113] and 51.3062.
         (c)  The commissioner [State Board of Education] shall
  establish a level of performance on the questions adopted under
  this section that indicates a student's college readiness. A
  student's performance on the questions adopted under this section
  must be evaluated separately from the student's performance on the
  remainder of the assessment instrument. A student's performance on
  a question adopted under this section may not be used to determine
  the student's performance on the assessment instrument for purposes
  of Section 39.023 or 39.025. The commissioner shall adopt rules
  concerning the reporting of a student's performance on the
  questions adopted under this section.
         SECTION 57.  Sections 39.024(a), (b), (c), (e), (f), (g),
  and (h), Education Code, are amended to read as follows:
         (a)  In this section, "college readiness" means the level of
  preparation a student must attain in English language arts and
  mathematics courses to enroll and succeed, without remediation, in
  an entry-level general education course for credit in that same
  content area for a baccalaureate degree or associate degree program
  at:
               (1)  a general academic teaching institution, as
  defined by Section 61.003, other than a research institution, as
  categorized under the agency's [Texas Higher Education
  Coordinating Board's] accountability system; or
               (2)  a postsecondary educational institution that
  primarily offers associate degrees or certificates or credentials
  other than baccalaureate or advanced degrees.
         (b)  The agency [and the Texas Higher Education Coordinating
  Board] shall ensure that the Algebra II and English III
  end-of-course assessment instruments required under Section
  39.023(c) are developed to be capable of, beginning with the
  2011-2012 school year, measuring college readiness.
         (c)  The [Before the beginning of the 2011-2012 school year,
  the] agency[, in collaboration with the Texas Higher Education
  Coordinating Board,] shall gather data and conduct research studies
  to substantiate the correlation between a certain level of
  performance by students on the Algebra II and English III
  end-of-course assessment instruments and college readiness.
         (e)  Based on the results of the studies conducted under
  Subsection (c), the commissioner [of education and the commissioner
  of higher education] shall establish student performance standards
  for the Algebra II and English III end-of-course assessment
  instruments indicating that students have attained college
  readiness.
         (f)  The agency[, in collaboration with the Texas Higher
  Education Coordinating Board,] shall conduct research studies
  similar to the studies conducted under Subsection (c) for the
  appropriate science and social studies end-of-course assessment
  instruments. If the commissioner [of education, in collaboration
  with the commissioner of higher education,] determines that the
  research studies conducted under this subsection substantiate a
  correlation between a certain level of performance by students on
  science and social studies end-of-course assessment instruments
  and college readiness, the commissioner [of education, in
  collaboration with the commissioner of higher education], as soon
  as practicable, may establish student performance standards for the
  science and social studies end-of-course assessment instruments
  indicating that students have attained college readiness.
         (g)  The agency[, in collaboration with the Texas Higher
  Education Coordinating Board,] shall continue to gather data to
  perform studies as provided under Subsections (c) and (f) at least
  once every three years.
         (h)  The agency [and the Texas Higher Education Coordinating
  Board] shall periodically review the college readiness performance
  standards established under this section and compare the
  performance standards to performance standards established
  nationally and internationally for comparable assessment
  instruments. Following each review, the agency [and the Texas
  Higher Education Coordinating Board] shall deliver to the
  lieutenant governor, the speaker of the house of representatives,
  and the clerks of the standing committees of the senate and the
  house of representatives with primary jurisdiction over public
  education and higher education a report on the results of the review
  indicating whether the college readiness performance standards
  established under this section are sufficiently rigorous to prepare
  students in this state to compete academically with students
  nationally and internationally. If the agency determines [and the
  Texas Higher Education Coordinating Board determine] that the
  college readiness performance standards established under this
  section are not sufficiently rigorous, the agency [and the Texas
  Higher Education Coordinating Board] shall recommend changes to the
  college readiness performance standards.
         SECTION 58.  Section 39.0241(a-1), Education Code, is
  amended to read as follows:
         (a-1)  The commissioner [of education, in collaboration with
  the commissioner of higher education,] shall determine the level of
  performance necessary to indicate college readiness, as defined by
  Section 39.024(a).
         SECTION 59.  Section 39.0242(d), Education Code, is amended
  to read as follows:
         (d)  The agency shall continue to gather data and perform
  studies as provided under this section at least once every three
  years. If the data do not support the correlation between student
  performance standards and college readiness, the commissioner [of
  education, in collaboration with the commissioner of higher
  education,] shall revise the standard of performance considered to
  be satisfactory.
         SECTION 60.  Section 39.026, Education Code, is amended to
  read as follows:
         Sec. 39.026.  LOCAL OPTION. In addition to the assessment
  instruments adopted and administered by the agency [and
  administered by the State Board of Education], a school district
  may adopt and administer criterion-referenced or norm-referenced
  assessment instruments, or both, at any grade level. A
  norm-referenced assessment instrument adopted under this section
  must be economical, nationally recognized, and state-approved.
         SECTION 61.  Section 39.052(b), Education Code, is amended
  to read as follows:
         (b)  In determining the accreditation status of a school
  district, the commissioner:
               (1)  shall evaluate and consider:
                     (A)  performance on student achievement
  indicators described by Section 39.053(c); and
                     (B)  performance under the financial
  accountability rating system developed under Subchapter D; and
               (2)  may evaluate and consider:
                     (A)  the district's compliance with statutory
  requirements and requirements imposed by rule of the commissioner
  [or State Board of Education] under specific statutory authority
  that relate to:
                           (i)  reporting data through the Public
  Education Information Management System (PEIMS) or other reports
  required by state or federal law or court order;
                           (ii)  the high school graduation
  requirements under Section 28.025; or
                           (iii)  an item listed under Sections
  7.056(e)(3)(C)-(I) that applies to the district;
                     (B)  the effectiveness of the district's programs
  for special populations; and
                     (C)  the effectiveness of the district's career
  and technology program.
         SECTION 62.  Section 39.263(c), Education Code, is amended
  to read as follows:
         (c)  The commissioner shall select annually schools and
  districts qualified to receive successful school awards for their
  performance and report the selections to the governor [and the
  State Board of Education].
         SECTION 63.  Section 39.307, Education Code, is amended to
  read as follows:
         Sec. 39.307.  USES OF PERFORMANCE REPORT. The information
  required to be reported under Section 39.306 shall be:
               (1)  the subject of public hearings or meetings
  required under Sections 11.252, 11.253, and 39.306;
               (2)  a primary consideration in school district and
  campus planning; and
               (3)  a primary consideration of:
                     (A)  [the State Board of Education in the
  evaluation of the performance of the commissioner;
                     [(B)]  the commissioner in the evaluation of the
  performance of the directors of the regional education service
  centers;
                     (B) [(C)]  the board of trustees of a school
  district in the evaluation of the performance of the superintendent
  of the district; and
                     (C) [(D)]  the superintendent in the evaluation
  of the performance of the district's campus principals.
         SECTION 64.  Sections 39.331(d) and (e), Education Code, are
  amended to read as follows:
         (d)  Subsections (a) and (b) apply to any report required by
  statute that the agency [or the State Board of Education] must
  prepare and deliver to the governor, lieutenant governor, speaker
  of the house of representatives, or legislature.
         (e)  Unless otherwise provided by law, any report required by
  statute that the agency [or the State Board of Education] must
  prepare and deliver to the governor, lieutenant governor, speaker
  of the house of representatives, or legislature may be combined, at
  the discretion of the commissioner, with a report required by this
  subchapter.
         SECTION 65.  Section 39.332(b)(23), Education Code, is
  amended to read as follows:
               (23)  The report must contain any additional
  information considered important by the commissioner [or the State
  Board of Education].
         SECTION 66.  Section 39.402(b), Education Code, is amended
  to read as follows:
         (b)  The council is composed of:
               (1)  the commissioner [of education]; and
               (2)  [the commissioner of higher education; and
               [(3)]  seven members appointed by the commissioner [of
  education].
         SECTION 67.  Section 39.404, Education Code, is amended to
  read as follows:
         Sec. 39.404.  PRESIDING OFFICER. The commissioner [of
  education] serves as the presiding officer of the council.
         SECTION 68.  Section 39.406(a), Education Code, is amended
  to read as follows:
         (a)  Except as otherwise provided, staff members of the
  agency[, with the assistance of the Texas Higher Education
  Coordinating Board,] shall provide administrative support for the
  council.
         SECTION 69.  Sections 39.407(b) and (c), Education Code, are
  amended to read as follows:
         (b)  The commissioner [of education and the commissioner of
  higher education] shall adopt rules as necessary to administer the
  strategic plan adopted by the council under this section.
         (c)  The commissioner [of education or the commissioner of
  higher education] may not, in a manner inconsistent with the
  strategic plan, spend money, award a grant, or enter into a contract
  in connection with a program relating to high school success and
  completion.
         SECTION 70.  Section 39.409, Education Code, is amended to
  read as follows:
         Sec. 39.409.  PRIVATE FOUNDATION PARTNERSHIPS. (a) The
  commissioner [of education or the commissioner of higher education,
  as appropriate,] and the council may coordinate with private
  foundations that have made a substantial investment in the
  improvement of high schools in this state to maximize the impact of
  public and private investments.
         (b)  A private foundation is not required to obtain the
  approval of the [appropriate] commissioner or the council under
  Subsection (a) before allocating resources to a school in this
  state.
         SECTION 71.  Sections 39.411(a), (c), and (d), Education
  Code, are amended to read as follows:
         (a)  Based on the strategic plan adopted under this
  subchapter, the council shall make recommendations to the
  commissioner [of education or the commissioner of higher education,
  as applicable,] for the use of federal and state funds appropriated
  or received for high school reform, college readiness, and dropout
  prevention, including grants awarded under Sections 21.4511,
  21.4541, 29.095, 29.096, 29.097, 29.098 [29.095-29.098], 29.917,
  [29.919,] and 39.235.
         (c)  The commissioner [of education or the commissioner of
  higher education, as applicable,] shall consider the council's
  recommendations and based on those recommendations may award grants
  to school districts, open-enrollment charter schools, institutions
  of higher education, regional education service centers, and
  nonprofit organizations to meet the goals of the council's
  strategic plan.
         (d)  The commissioner [of education or the commissioner of
  higher education, as applicable]:
               (1)  is not required under this section to allocate
  funds to a program or initiative recommended by the council; and
               (2)  may not initiate a program funded under this
  section that does not conform to the recommended use of funds as
  provided under Subsections (a) and (b).
         SECTION 72.  Sections 39.413, 39.414, and 39.416, Education
  Code, are amended to read as follows:
         Sec. 39.413.  FUNDING FOR CERTAIN PROGRAMS. (a) From funds
  appropriated, the commissioner [Texas Higher Education
  Coordinating Board] shall allocate $8.75 million each year to
  establish mathematics, science, and technology teacher preparation
  academies under Section 61.0766, [provide funding to the
  commissioner of education to] implement and administer the program
  under Section 29.098, and award grants under Section 61.0762(a)(3).
         (b)  The agency [Texas Higher Education Coordinating Board]
  shall establish mathematics, science, and technology teacher
  preparation academies under Section 61.0766, [provide funding to
  the commissioner of education to] implement and administer the
  program under Section 29.098, and award grants under Section
  61.0762(a)(3) in a manner consistent with the goals of this
  subchapter and the goals in "Closing the Gaps," the state's master
  plan for higher education.
         Sec. 39.414.  PRIVATE FUNDING. The commissioner [of
  education or the commissioner of higher education, as appropriate,]
  may accept gifts, grants, or donations to fund a grant administered
  under this subchapter.
         Sec. 39.416.  RULES. The commissioner [of education and the
  commissioner of higher education] shall adopt rules as necessary to
  administer this subchapter and any programs under the authority of
  the commissioner [of education or the commissioner of higher
  education] and the council under this subchapter.
         SECTION 73.  Section 42.004, Education Code, is amended to
  read as follows:
         Sec. 42.004.  ADMINISTRATION OF THE PROGRAM. The
  commissioner, in accordance with the rules of the commissioner
  [State Board of Education], shall take such action and require such
  reports consistent with this chapter as may be necessary to
  implement and administer the Foundation School Program.
         SECTION 74.  Sections 51.403(d) and (e), Education Code, are
  amended to read as follows:
         (d)  Each institution shall file with its governing board and
  the Texas Education Agency [coordinating board] a small class
  report, excluding individual instruction courses, indicating
  department, course number, title of course, and the name of the
  instructor. "Small classes," for the purpose of this report, are
  undergraduate-level courses with less than 10 registrations, and
  graduate-level courses with less than 5 registrations. No small
  classes shall be offered in any institution except as authorized by
  the appropriate governing board, within the guidelines established
  by the commissioner of education [Coordinating Board].
         (e)  Under guidelines established by the commissioner of
  education [Coordinating Board, Texas College and University
  System, and the State Board of Education], postsecondary
  institutions shall report student performance during the first year
  enrolled after graduation from high school to the high school or
  junior college last attended. This report shall include[, but not
  be limited to,] appropriate student test scores, a description of
  developmental courses required, and the student's grade point
  average. Appropriate safeguards for student privacy shall be
  included in the rules for implementation of this subsection.
         SECTION 75.  Sections 51.605(a), (b), and (f), Education
  Code, are amended to read as follows:
         (a)  The commissioner shall allocate the fund in accordance
  with guidelines adopted by the commissioner [State Board of
  Education]. Funding shall be allocated in proportion to the
  percentage of women and underrepresented minority group students
  participating in eligible programs. The guidelines must ensure
  that programs approved for funding:
               (1)  use professional volunteers at each level of
  instruction;
               (2)  require parental involvement;
               (3)  coordinate with public school preparation for
  scientific and mathematical careers;
               (4)  coordinate with postsecondary educational
  institutions;
               (5)  involve organizations of women and minority group
  members;
               (6)  provide demonstrated professional leadership in
  educational activities for women and minority group members; and
               (7)  are compatible with state and federal laws
  governing education.
         (b)  The commissioner shall allocate the fund as follows:
               (1)  the commissioner shall first allocate available
  funds to provide to each eligible program an amount equal to, at
  most, 50 percent of the amount of contributions the program
  received during the preceding fiscal year, as certified by the
  chief executive officer of the institution applying for the funds
  and verified by the commissioner;
               (2)  after all grants have been made under Subdivision
  (1) of this subsection for which applications have been received by
  a date set by rule of the commissioner [board], the commissioner may
  allocate funds for the establishment or continued operation of
  eligible programs that have not received contributions; and
               (3)  the commissioner may allocate any amount remaining
  in the fund on January 1 of each year among the institutions
  receiving grants under Subdivision (1) of this subsection in
  proportion to each program's share of the total amount allocated
  under that subdivision.
         (f)  The commissioner [State Board of Education] shall adopt
  rules establishing procedures by which an entity must apply for
  funding and account for any funds received.
         SECTION 76.  Section 51.606(b), Education Code, is amended
  to read as follows:
         (b)  The commissioner [coordinating board] shall determine
  on an annual basis which groups meet the requirements set out in
  Subsection (a)(2) [Subdivision (2) of Subsection (a) of this
  section and shall certify that determination to the commissioner of
  education].
         SECTION 77.  Section 51.752(g), Education Code, is amended
  to read as follows:
         (g)  The committee shall report to the Legislative Budget
  Board at least once a year. The committee shall also report to the
  governor, the commissioner of education [State Board of Education,
  the Texas Higher Education Coordinating Board], and the legislature
  before the convening of each regular session.
         SECTION 78.  Section 51.807, Education Code, is amended to
  read as follows:
         Sec. 51.807.  RULEMAKING. (a) The commissioner of
  education [Texas Higher Education Coordinating Board] may adopt
  rules relating to the operation of admissions programs under this
  subchapter, including rules relating to the identification of
  eligible students.
         (b)  The commissioner of education [Texas Higher Education
  Coordinating Board, after consulting with the Texas Education
  Agency,] by rule shall establish standards for determining for
  purposes of this subchapter:
               (1)  whether a private high school is accredited by a
  generally recognized accrediting organization; and
               (2)  whether a person completed a high school
  curriculum that is equivalent in content and rigor to the
  curriculum requirements established under Section 28.025 for the
  recommended or advanced high school program.
         SECTION 79.  Sections 51.916(a) and (b), Education Code, are
  amended to read as follows:
         (a)  From funds appropriated for that purpose, the Texas
  Education Agency [Coordinating Board, Texas College and University
  System,] may make grants to institutions of higher education for
  the purpose of supporting research in teaching, primary and
  secondary curricula, learning, and early childhood education.
         (b)  Grants shall be awarded on a competitive basis according
  to standards adopted by rule of the commissioner of education
  [board]. In making grants, the agency [board] shall consider
  encouraging the development of research centers at particular
  institutions of higher education.
         SECTION 80.  Sections 51.968(d) and (f), Education Code, are
  amended to read as follows:
         (d)  Each institution of higher education shall report to the
  Texas Education Agency [coordinating board] the institution's
  policy adopted under this section and shall include a copy of the
  policy with the institution's undergraduate student application
  materials, including application materials available on the
  institution's Internet website.
         (f)  The [coordinating board, in consultation with the]
  Texas Education Agency, shall:
               (1)  identify correlations between the subject matter
  and content of courses offered by each institution of higher
  education and the subject matter and content of courses and
  examinations in the International Baccalaureate Diploma Program,
  the Advanced Placement Program, and the College-Level Examination
  Program; and
               (2)  make that information available to the public on
  the agency's [coordinating board's] Internet website.
         SECTION 81.  Section 54.211(b), Education Code, as amended
  by Chapters 45 (S.B. 43) and 1372 (S.B. 939), Acts of the 81st
  Legislature, Regular Session, 2009, is reenacted and amended to
  read as follows:
         (b)  The Texas Education Agency [and the Texas Higher
  Education Coordinating Board] shall develop outreach programs to
  ensure that students in the conservatorship of the Department of
  Family and Protective Services and in grades 9-12 are aware of the
  availability of the exemption from the payment of tuition and fees
  provided by this section.
         SECTION 82.  Section 54.2111(b), Education Code, is amended
  to read as follows:
         (b)  The Texas Education Agency [and the Texas Higher
  Education Coordinating Board] shall develop outreach programs to
  ensure that eligible [adopted] students in grades 9-12 [formerly in
  foster or other residential care] are aware of the availability of
  the exemption from the payment of tuition and fees provided by this
  section.
         SECTION 83.  Section 56.207, Education Code, is amended to
  read as follows:
         Sec. 56.207.  PAYMENT OF STATE CREDIT. (a) At least once
  each year, [the coordinating board shall submit a report to] the
  commissioner of education shall prepare a report that includes:
               (1)  the name of each student who used the state credit
  under this subchapter during the period covered by the report;
               (2)  the school district from which each student
  graduated from high school; and
               (3)  the amount of the state credit used by each student
  during the period covered by the report.
         (b)  The [On receipt of a report from the coordinating board
  under Subsection (a), the] commissioner of education shall
  distribute to each eligible institution of higher education
  [transfer to the coordinating board], from funds appropriated for
  the Foundation School Program, an amount sufficient to pay each
  eligible institution [of higher education] the amount of state
  credit for tuition or tuition and mandatory fees, as applicable,
  that is applied by the institution during the period covered by the
  report.
         [(c)  The coordinating board shall distribute the
  appropriate amount of funds to each eligible institution when the
  board receives the funds under Subsection (b).]
         SECTION 84.  Sections 56.304(a), (e-2), and (h), Education
  Code, are amended to read as follows:
         (a)  To be eligible initially for a TEXAS grant, a person
  must:
               (1)  be a resident of this state as determined by
  commissioner of education [coordinating board] rules;
               (2)  meet either of the following academic
  requirements:
                     (A)  be a graduate of a public or accredited
  private high school in this state who graduated not earlier than the
  1998-1999 school year and who completed the recommended or advanced
  high school curriculum established under Section [28.002 or] 28.025
  or its equivalent; or
                     (B)  have received an associate degree from a
  public or private institution of higher education not earlier than
  May 1, 2001;
               (3)  meet financial need requirements as defined by the
  commissioner of education [coordinating board];
               (4)  be enrolled in an undergraduate degree or
  certificate program at an eligible institution;
               (5)  be enrolled as:
                     (A)  an entering undergraduate student for at
  least three-fourths of a full course load for an entering
  undergraduate student, as determined by the commissioner of
  education [coordinating board], not later than the 16th month after
  the date of the person's graduation from high school; or
                     (B)  an entering student for at least
  three-fourths of a full course load for an undergraduate student as
  determined by the commissioner of education [coordinating board],
  not later than the 12th month after the month the person receives an
  associate degree from a public or private institution of higher
  education;
               (6)  have applied for any available financial aid or
  assistance; and
               (7)  comply with any additional nonacademic
  requirement adopted by the commissioner of education [coordinating
  board] under this subchapter.
         (e-2)  The commissioner of education [coordinating board]
  shall adopt rules to provide a person who is otherwise eligible to
  receive a TEXAS grant additional time during which the person may
  receive a TEXAS grant in the event of a hardship or other good cause
  shown that prevents the person from continuing the person's
  enrollment during the period the person would otherwise have been
  eligible to receive a TEXAS grant, including a showing of a severe
  illness or other debilitating condition or that the person is or was
  responsible for the care of a sick, injured, or needy person.
         (h)  The commissioner of education [coordinating board]
  shall adopt rules to allow a person who is otherwise eligible to
  receive a TEXAS grant, in the event of a hardship or for other good
  cause shown, including a showing of a severe illness or other
  debilitating condition that may affect the person's academic
  performance or that the person is responsible for the care of a
  sick, injured, or needy person and that the person's provision of
  care may affect the person's academic performance, to receive a
  TEXAS grant while enrolled in a number of semester credit hours that
  is less than the number of semester credit hours required under
  Subsection (a)(5). The commissioner of education [coordinating
  board] may not allow a person to receive a TEXAS grant while
  enrolled in fewer than six semester credit hours.
         SECTION 85.  Sections 56.353(b) and (c), Education Code, are
  amended to read as follows:
         (b)  The commissioner of education [coordinating board] in
  awarding repayment assistance shall give priority to applicants who
  demonstrate financial need.
         (c)  If the money available for loan repayment assistance in
  a period for which assistance is awarded is insufficient to provide
  assistance to all eligible applicants described by Subsection (b),
  the commissioner of education [coordinating board] shall establish
  priorities for awarding repayment assistance to address the most
  critical teacher shortages described by Subsection (a).
         SECTION 86.  Sections 56.357(a), (d), (e), (f), (g), (h),
  and (j), Education Code, are amended to read as follows:
         (a)  The Texas Education Agency [coordinating board] shall
  establish a program under which the agency [coordinating board]
  awards grants to assist persons seeking educator certification
  through alternative educator certification programs as provided by
  this section.
         (d)  In selecting applicants to receive grants under the
  program, the Texas Education Agency [coordinating board] shall
  consider:
               (1)  the financial resources of an applicant;
               (2)  the efficient use of the money available for
  grants;
               (3)  the opportunity of applicants from all regions of
  this state to receive grants; and
               (4)  any other factor the agency [coordinating board]
  considers appropriate to further the purposes of this subchapter.
         (e)  The amount of a grant under the program is equal to two
  times the current amount of a TEXAS grant under Subchapter M for a
  student enrolled in a general academic teaching institution. The
  Texas Education Agency [coordinating board] may pay the amount of
  the grant in installments during the period in which the person is
  enrolled in the person's alternative educator certification
  program.
         (f)  The person must begin fulfilling the person's teaching
  obligation not later than the 18th month after the person completes
  the alternative educator certification program, unless the Texas
  Education Agency [coordinating board] for good cause grants the
  person additional time to begin fulfilling the teaching obligation.
  The person must complete the teaching obligation not later than the
  sixth year after the date the person begins to fulfill the teaching
  obligation. The agency [coordinating board] shall grant a person
  additional time to complete the teaching obligation for good cause.
         (g)  The Texas Education Agency [coordinating board] shall
  cancel a person's teaching obligation if the agency [coordinating
  board] determines that the person:
               (1)  has become permanently disabled so that the person
  is not able to teach; or
               (2)  has died.
         (h)  The Texas Education Agency [coordinating board] shall
  require a person who receives a grant to sign a promissory note
  acknowledging the conditional nature of the grant and promising to
  repay the amount of the grant plus applicable interest and
  reasonable collection costs if the person does not satisfy the
  applicable conditions of the grant. The agency [coordinating
  board] shall determine the terms of the promissory note.
         (j)  A person receiving a grant is considered to have failed
  to satisfy the conditions of the grant, and the grant automatically
  becomes a loan, if the person, without good cause as determined by
  the Texas Education Agency [coordinating board], fails to:
               (1)  remain enrolled in or to make steady progress in
  the alternative educator certification program for which the grant
  was made or, with the approval of the agency [coordinating board],
  in another alternative educator certification program; or
               (2)  become certified as a classroom teacher not later
  than the 18th month after the date the person completes the
  alternative educator certification program.
         SECTION 87.  Section 57.21(b), Education Code, is amended to
  read as follows:
         (b)  The corporation shall coordinate its efforts under this
  section with other entities, including [the Texas Higher Education
  Coordinating Board,] the Texas Education Agency, professional,
  educational, and civic associations, postsecondary educational
  institutions that participate in the corporation's programs, and
  lender advisory committees established under Section 57.461.
         SECTION 88.  Sections 61.076(b), (c), (d), and (g),
  Education Code, are amended to read as follows:
         (b)  The P-16 Council is composed of the commissioner of
  education, [the commissioner of higher education,] the executive
  director of the Texas Workforce Commission, [the executive director
  of the State Board for Educator Certification,] and the
  commissioner of assistive and rehabilitative services. The
  [commissioner of higher education and the] commissioner of
  education serves [shall serve] as chair [co-chairs] of the council.
         (c)  The chair [co-chairs] may appoint four [three]
  additional members who are education professionals, agency
  representatives, business representatives, or other members of the
  community. Members appointed to the council under this subsection
  serve two-year terms expiring February 1 of each odd-numbered year.
         (d)  The council shall meet at least once each calendar
  quarter and may hold other meetings as necessary at the call of the
  chair [co-chairs]. Each member of the council or the member's
  designee shall make a report of the council's activities at least
  twice annually to the governing body of the member's agency, except
  that [the commissioner of education or that commissioner's designee
  shall report to the State Board of Education and] the commissioner
  of assistive and rehabilitative services or that commissioner's
  designee shall report to the executive commissioner of the Health
  and Human Services Commission.
         (g)  The council shall advise the Texas Education Agency when
  it acts as the State Board for Career and Technology Education
  [board and the State Board of Education] on the coordination of
  postsecondary career and technology activities, career and
  technology teacher education programs offered or proposed to be
  offered in the colleges and universities of this state, and other
  relevant matters, including:
               (1)  coordinating postsecondary career and technology
  education and the articulation between postsecondary career and
  technology education and secondary career and technology
  education;
               (2)  [facilitating the transfer of responsibilities
  for the administration of postsecondary career and technology
  education from the State Board of Education to the board in
  accordance with Section 111(a)(I) of the Carl D. Perkins Vocational
  Education Act (Pub. L. No. 98-524);
               [(3)]  advising the Texas Education Agency [State Board
  of Education], when it acts as the State Board for Career and
  Technology Education, on the following:
                     (A)  the transfer of federal funds [to the board]
  for allotment to eligible public postsecondary institutions of
  higher education;
                     (B)  the career and technology education funding
  for projects and institutions [as determined by the board] when the
  State Board for Career and Technology Education is required by
  federal law to endorse those determinations;
                     (C)  the development and updating of the state
  plan for career and technology education and the evaluation of
  programs, services, and activities of postsecondary career and
  technology education and amendments to the state plan for career
  and technology education as may relate to postsecondary education;
                     (D)  other matters related to postsecondary
  career and technology education; and
                     (E)  the coordination of curricula, instructional
  programs, research, and other functions as appropriate, including
  school-to-work and school-to-college transition programs and
  professional development activities; and
               (3) [(4)]  advising the Texas Workforce Investment
  Council on educational policy issues related to workforce
  preparation.
         SECTION 89.  Sections 61.0761(a), (b), (d), and (e),
  Education Code, are amended to read as follows:
         (a)  The P-16 Council established under Section 61.076 shall
  recommend to the commissioner of education [and the board] a
  college readiness and success strategic action plan to increase
  student success and decrease the number of students enrolling in
  developmental course work in institutions of higher education. The
  plan must include:
               (1)  definitions[, as determined by the P-16 Council in
  coordination with the State Board of Education,] of the standards
  and expectations for college readiness that address the knowledge
  and skills expected of students to perform successfully in
  entry-level courses offered at institutions of higher education;
               (2)  a description of the components of a P-16
  individualized graduation plan sufficient to prepare students for
  college success;
               (3)  the manner in which the Texas Education Agency
  should provide model curricula for use as a reference tool by school
  district employees;
               (4)  recommendations to the Texas Education Agency[,
  the State Board of Education, and the board] regarding strategies
  for decreasing the number of students enrolling in developmental
  course work at institutions of higher education;
               (5)  recommendations to the State Board for Educator
  Certification regarding changes to educator certification and
  professional development requirements that contribute to the
  ability of public school teachers to prepare students for higher
  education; and
               (6)  any other elements that the commissioner of
  education suggests [and the board suggest] for inclusion in the
  plan.
         (b)  The commissioner of education [and the board] shall
  adopt the college readiness and success strategic action plan
  recommended by the P-16 Council if the commissioner determines [of
  education and the board determine] that the plan meets the
  requirements of this section.
         (d)  Not later than December 1 of each even-numbered year,
  the commissioner of education [and the board] shall submit a report
  to the governor, the lieutenant governor, the speaker of the house
  of representatives, each member of the Legislative Budget Board,
  and the members of the standing committees of the senate and house
  of representatives with primary jurisdiction over the public school
  system and higher education system describing progress in
  implementing the college readiness and success strategic action
  plan.
         (e)  The commissioner of education [and the board] shall
  adopt rules necessary to implement this section.
         SECTION 90.  Sections 61.0776(a), (b), (c), and (f),
  Education Code, are amended to read as follows:
         (a)  The Texas Education Agency [board], in cooperation with
  public and private or independent institutions of higher education,
  [the Texas Education Agency,] public school counselors,
  representatives of student financial aid offices of any
  institutions, regional education service centers, and the Texas
  Guaranteed Student Loan Corporation, shall develop a center for
  financial aid information. The center shall disseminate
  information about financial aid opportunities and procedures,
  including information about different types of financial aid
  available, eligibility requirements, and procedures for applying
  for financial aid. The center shall also provide information to
  prospective students about the Teach for Texas grant program. The
  information must emphasize the importance of teaching as a
  profession.
         (b)  To assist the Texas Education Agency [board] in
  developing information provided by the center, the commissioner of
  education [board] shall create and appoint an advisory committee
  that consists of experts in financial aid administration, public
  school counselors, and other persons who can provide insight into
  the informational needs of students.
         (c)  The commissioner of education [board] may designate an
  institution of higher education or other entity with appropriate
  facilities and resources to operate or house the center. If the
  commissioner of education [board] designates a public nonprofit
  entity created by the legislature to operate or house the center,
  the commissioner [board] may reimburse the entity from money
  appropriated for that purpose for the costs incurred by the entity
  in carrying out the activities of the center under this section.
         (f)  The Texas Education Agency [board], in cooperation with
  the entities specified by Subsection (a) and the advisory committee
  established by Subsection (b), shall develop a comprehensive
  financial aid training program for public school counselors,
  employees of student financial aid offices of public and private or
  independent institutions of higher education, members of
  appropriate community-based organizations, and other appropriate
  persons. The commissioner of education [board] may adopt rules as
  necessary to administer the training program. The agency [board]
  shall design the training program to:
               (1)  use the information required by Subsection (e) and
  any other information necessary to carry out this subdivision:
                     (A)  to inform persons receiving the training
  concerning:
                           (i)  the opportunities available to students
  for obtaining financial aid, including eligibility requirements;
  and
                           (ii)  the procedures for obtaining financial
  aid; and
                     (B)  to provide sufficient and accessible detail
  to enable the persons receiving the training to provide timely and
  consistent answers to the questions of students and their parents,
  conservators, or guardians concerning the opportunities and
  procedures;
               (2)  teach methods to enable the persons receiving the
  training to effectively communicate financial aid information to
  students and their parents, conservators, or guardians;
               (3)  support and promote the dissemination of financial
  aid information to students and their parents, conservators, or
  guardians throughout local areas; and
               (4)  publicize the training and make the training
  easily available to public school counselors and other appropriate
  persons throughout this state.
         SECTION 91.  Sections 61.702(a) and (c), Education Code, are
  amended to read as follows:
         (a)  To be eligible to receive repayment assistance for
  classroom teachers, a person must apply to the Texas Education
  Agency [board] and must:
               (1)  have completed at least one year of employment as a
  full-time classroom teacher at the preschool, primary, or secondary
  level in a public school in this state in an area or field of acute
  teacher shortage as designated by the commissioner of education;
  and
               (2)  be employed as a full-time classroom teacher at
  the preschool, primary, or secondary level in a public school in
  this state in an area or field described by Subdivision (1).
         (c)  The Texas Education Agency [board] shall give priority
  in granting repayment assistance for classroom teachers to a person
  who received repayment assistance for classroom teachers for the
  preceding school year. The priority terminates if the person does
  not apply for or is not eligible for that assistance. In
  extraordinary circumstances, the agency [board] may allow a person
  to maintain the priority after one or more years in which the person
  is unable to teach as a classroom teacher.
         SECTION 92.  Section 61.784, Education Code, is amended to
  read as follows:
         Sec. 61.784.  COORDINATION. The Texas Education Agency
  [board] may establish an interagency task force on international
  studies and cultural exchange, coordinated by the academy, to
  develop long-range goals designed to enhance foreign language and
  international studies and to expand educational and cultural
  exchange. If the [board establishes the] task force is
  established, then in addition to other persons chosen for the task
  force by the academy, the academy shall invite the governor, the
  commissioner of education, [the commissioner of higher education,]
  the executive director of the Texas Economic Development and
  Tourism Office [Texas Department of Commerce], and the executive
  director of [the Texas Committee for the] Humanities Texas to serve
  on the task force or to designate a representative to serve on the
  task force. The academy also shall invite the lieutenant governor
  to designate a member of the senate to serve on the task force and
  shall invite the speaker of the house of representatives to
  designate a member of the house of representatives to serve on the
  task force.
         SECTION 93.  Sections 61.810(a), (f), and (g), Education
  Code, are amended to read as follows:
         (a)  The Texas partnership and scholarship program advisory
  council consists of:
               (1)  [the commissioner of higher education and] the
  commissioner of education, who serves [serve] as an ex officio
  member [members];
               (2)  three members of the public appointed by the
  governor;
               (3)  two members of the public appointed by the
  lieutenant governor; and
               (4)  two members of the public appointed by the speaker
  of the house of representatives.
         (f)  The advisory council shall:
               (1)  review a summary of each application from an
  eligible entity for a grant to establish a partnership program and
  provide its recommendations to the Texas Education Agency [board]
  concerning those applications;
               (2)  assist the agency [board] in evaluating each
  partnership program established under this subchapter;
               (3)  advise the agency [board] concerning any rules
  adopted by the commissioner of education [board] under this
  subchapter; and
               (4)  provide any other assistance to the agency [board]
  that the agency [board] considers necessary to administer this
  subchapter.
         (g)  The Texas Education Agency [board] shall provide the
  advisory council with technical and clerical assistance at the
  request of the council.
         SECTION 94.  Section 61.812, Education Code, is amended to
  read as follows:
         Sec. 61.812.  ADOPTION AND DISTRIBUTION OF RULES. (a) The
  commissioner of education [board] may adopt reasonable rules,
  consistent with the purposes of this subchapter, to carry out and
  enforce the requirements expressed by this subchapter.
         (b)  The [board shall distribute to the] Texas Education
  Agency shall distribute to[,] each public or private institution of
  higher education, each school district, and any other appropriate
  entity copies of all rules adopted under this subchapter.
         SECTION 95.  Section 61.852(a), Education Code, is amended
  to read as follows:
         (a)  A tech-prep program is a program of study that:
               (1)  combines at least two years of secondary education
  with at least two years of postsecondary education in a
  nonduplicative, sequential course of study based on the recommended
  high school program adopted [by the State Board of Education] under
  Section 28.025(a);
               (2)  integrates academic instruction and vocational
  and technical instruction;
               (3)  uses work-based and worksite learning where
  available and appropriate;
               (4)  provides technical preparation in a career field
  such as engineering technology, applied science, a mechanical,
  industrial, or practical art or trade, agriculture, health
  occupations, business, or applied economics;
               (5)  builds student competence in mathematics,
  science, reading, writing, communications, economics, and
  workplace skills through applied, contextual academics and
  integrated instruction in a coherent sequence of courses;
               (6)  leads to an associate degree, two-year
  postsecondary certificate, or postsecondary two-year
  apprenticeship with provisions, to the extent applicable, for
  students to continue toward completion of a baccalaureate degree;
  and
               (7)  leads to placement in appropriate employment or to
  further education.
         SECTION 96.  Section 61.854, Education Code, is amended to
  read as follows:
         Sec. 61.854.  TECH-PREP CONSORTIUM ALLOTMENT. (a) In each
  fiscal year, [the board, as the agent of] the Texas Education
  Agency, or another state agency as required by federal law, shall
  allot the federal tech-prep implementation money this state
  receives to the regional tech-prep consortia for regional
  administration according to regionally developed plans designed to
  meet federal, state, and regional goals. The agency [board] shall
  allot the money to tech-prep consortia in accordance with a formula
  adopted by the commissioner of education [board], after a public
  hearing and in consultation with interested state entities and
  local consortia, that addresses the differing needs of the
  consortia due to urban or rural populations, special populations,
  number of tech-prep programs and students, and other factors
  determined by the board.
         (b)  An eligible tech-prep consortium that desires
  assistance under this section must submit an application to the
  Texas Education Agency [board] on a form prescribed by the
  commissioner of education [board] for that purpose. The form must
  address the formula adopted by the commissioner [board] under
  Subsection (a).
         (c)  If a tech-prep consortium has a completed application on
  file under Subsection (b), the Texas Education Agency or other
  appropriate agency [board] shall make a payment in the amount of the
  consortium's allotment under Subsection (a) to the consortium's
  fiscal agent.
         SECTION 97.  Sections 61.855(a) and (d), Education Code, are
  amended to read as follows:
         (a)  From amounts made available under Section 61.854, the
  Texas Education Agency, or other state agency as required by
  federal law [board], in accordance with this subchapter and with a
  formula adopted by the commissioner of education [board], shall
  award grants to tech-prep consortia for tech-prep programs
  described by Subsection (d).
         (d)  A tech-prep program must:
               (1)  be implemented under an articulation agreement
  between the participants in the consortium;
               (2)  consist of two to four years of secondary school
  preceding graduation and:
                     (A)  two or more years of higher education; or
                     (B)  two or more years of apprenticeship following
  secondary instruction;
               (3)  have a common core of required proficiency based
  on the recommended high school program adopted [by the State Board
  of Education] under Section 28.025 [28.025(a)], with proficiencies
  in mathematics, science, reading, writing, communications, and
  technologies designed to lead to an associate's degree or
  postsecondary certificate in a specific career field;
               (4)  include the development of tech-prep program
  curricula for both secondary and postsecondary participants in the
  consortium that:
                     (A)  meets academic standards developed by the
  state;
                     (B)  links secondary schools and two-year
  postsecondary institutions, and, if practicable, four-year
  institutions of higher education through nonduplicative sequences
  of courses in career fields, including the investigation of
  opportunities for tech-prep students to enroll concurrently in
  secondary and postsecondary course work;
                     (C)  uses, if appropriate and available,
  work-based or worksite learning in conjunction with business and
  all aspects of an industry; and
                     (D)  uses educational technology and distance
  learning, as appropriate, to involve each consortium participant
  more fully in the development and operation of programs;
               (5)  include in-service training for teachers that:
                     (A)  is designed to train career [vocational] and
  technical teachers to effectively implement tech-prep programs;
                     (B)  provides for joint training for teachers in
  the tech-prep consortium;
                     (C)  is designed to ensure that teachers and
  administrators stay current with the needs, expectations, and
  methods of business and of all aspects of an industry;
                     (D)  focuses on training postsecondary education
  faculty in the use of contextual and applied curricula and
  instruction; and
                     (E)  provides training in the use and application
  of technology;
               (6)  include training programs for counselors designed
  to enable counselors to more effectively:
                     (A)  provide information to students regarding
  tech-prep programs;
                     (B)  support student progress in completing
  tech-prep programs;
                     (C)  provide information on related employment
  opportunities;
                     (D)  ensure that tech-prep students are placed in
  appropriate employment; and
                     (E)  stay current with the needs, expectations,
  and methods of business and of all aspects of an industry;
               (7)  provide equal access to the full range of
  tech-prep programs for individuals who are members of special
  populations, including by the development of tech-prep program
  services appropriate to the needs of special populations; and
               (8)  provide for preparatory services that assist
  participants in tech-prep programs.
         SECTION 98.  Section 61.861(a), Education Code, is amended
  to read as follows:
         (a)  The [commissioner of higher education and the]
  commissioner of education, in consultation with the comptroller and
  the Texas Workforce Commission, may award a grant in an amount not
  to exceed $1 million to an institution of higher education to
  develop advanced mathematics and science courses to prepare high
  school students for employment in a high-demand occupation. The
  [commissioner of higher education, the] commissioner of education,
  the comptroller, and the Texas Workforce Commission shall jointly
  determine what is considered a high-demand occupation for purposes
  of this subchapter.
         SECTION 99.  Section 61.862, Education Code, is amended to
  read as follows:
         Sec. 61.862.  GRANT APPLICATION CRITERIA. The [commissioner
  of higher education and the] commissioner of education, in
  consultation with the comptroller and the Texas Workforce
  Commission, shall establish application criteria for a grant under
  this subchapter and in making an award shall give priority to
  courses that:
               (1)  will prepare students for high-demand, high-wage,
  and high-skill occupations and further postsecondary study;
               (2)  may be transferred as college credit to multiple
  institutions of higher education; and
               (3)  are developed as part of a sequence of courses that
  includes statewide availability of the instructional materials and
  training for the courses at a nominal cost to public educational
  institutions in this state.
         SECTION 100.  Section 61.864, Education Code, is amended to
  read as follows:
         Sec. 61.864.  REVIEW OF COURSES. Courses for which a grant
  is awarded under this subchapter shall be reviewed by [the
  commissioner of higher education and] the commissioner of
  education, in consultation with the comptroller and the Texas
  Workforce Commission, once every four years to determine whether
  the course:
               (1)  is being used by public educational institutions
  in this state;
               (2)  prepares high school students with the skills
  necessary for employment in the high-demand occupation and further
  postsecondary study; and
               (3)  satisfies a mathematics or science requirement for
  the recommended or advanced high school program as determined under
  Section 28.025.
         SECTION 101.  Section 105.302(b), Education Code, is amended
  to read as follows:
         (b)  Each of the following shall appoint one member to serve
  on the advisory board:
               (1)  the commissioner of education [chairman of the
  State Board of Education];
               (2)  [the commissioner of higher education;
               [(3)]  the president of the Texas Association of School
  Administrators;
               (3) [(4)]  the president of the Texas Association for
  the Gifted and Talented;
               (4) [(5)]  the governor;
               (5) [(6)]  the lieutenant governor; and
               (6) [(7)]  the speaker of the Texas House of
  Representatives.
         SECTION 102.  Section 130.090(d), Education Code, is amended
  to read as follows:
         (d)  For instances when state funding is provided to both a
  school district and a public junior college for a student enrolled
  in courses offered by a junior college under Subsection (a), the
  commissioner of education [and the commissioner of higher
  education] shall [jointly] develop a mechanism to identify and
  eliminate duplication of state funding.
         SECTION 103.  Section 161.02, Education Code, is amended to
  read as follows:
         Sec. 161.02.  TEXAS REPRESENTATIVES. The Texas membership
  to the Educational Commission of the States shall be the governor or
  the governor's [his] designated representative and six citizens of
  the state, including the state commissioner of education [and the
  state commissioner of higher education], who shall be appointed and
  serve at the pleasure of the governor. These seven members shall
  officially represent Texas on the Education Commission of the
  States.
         SECTION 104.  Article VII, Section 162.002, Education Code,
  is amended to read as follows:
  ARTICLE VII. GRADUATION
         In order to facilitate the on-time graduation of children of
  military families, states and local education agencies shall
  incorporate the following procedures:
         A.  Waiver requirements--Local education agency
  administrative officials shall waive specific courses required for
  graduation if similar coursework has been satisfactorily completed
  in another local education agency or shall provide reasonable
  justification for denial. Should a waiver not be granted to a
  student who would qualify to graduate from the sending school, the
  local education agency shall provide an alternative means of
  acquiring required coursework so that graduation may occur on time.
         B.  Exit exams--States shall accept: (1) exit or
  end-of-course exams required for graduation from the sending state;
  or (2) national norm-referenced achievement tests; or (3)
  alternative testing, in lieu of testing requirements for graduation
  in the receiving state. In the event the above alternatives cannot
  be accommodated by the receiving state for a student transferring
  in his or her senior year, then the provisions of Article VII,
  Section C, shall apply.
         C.  Transfers during senior year--Should a military student
  transferring at the beginning or during his or her senior year be
  ineligible to graduate from the receiving local education agency
  after all alternatives have been considered, the sending and
  receiving local education agencies shall ensure the receipt of a
  diploma from the sending local education agency, if the student
  meets the graduation requirements of the sending local education
  agency. In the event that one of the states in question is not a
  member of this compact, the member state shall use best efforts to
  facilitate the on-time graduation of the student in accordance with
  Sections A and B of this article.
         The Texas commissioner of education shall adopt a passing
  standard on one or more national norm-referenced achievement tests
  for purposes of permitting a student to whom this compact applies to
  meet that standard as a substitute for completing a specific course
  or achieving a score on an assessment instrument otherwise required
  by this state for graduation. Each passing standard must be at
  least as rigorous as the applicable requirement otherwise imposed
  by this state for graduation, and be consistent with college
  readiness standards adopted under Section 28.008, Texas Education
  Code. [Before adopting or revising a passing standard, the
  commissioner of education must consider any comments submitted by
  the Texas Higher Education Coordinating Board or the State Board of
  Education.]
         A passing standard adopted by the commissioner of education
  is available only for a student who enrolls in a public school in
  this state for the first time after completing the ninth grade or
  who reenrolls in a public school in this state at or above the 10th
  grade level after an absence of at least two years from the public
  schools of this state. Each passing standard in effect when a
  student first enrolls in a public high school in this state remains
  applicable to the student for the duration of the student's high
  school enrollment, regardless of any subsequent revision of the
  standard.
         The commissioner of education may adopt rules as necessary to
  implement the commissioner's duties and authority under this
  article of the compact.
         The Texas Education Agency [Higher Education Coordinating
  Board] shall monitor the postsecondary educational performance in
  this state of students permitted to graduate in accordance with
  passing standards adopted by the commissioner of education for
  purposes of this compact. Based on the educational performance of
  those students in private and public institutions, the agency
  [coordinating board] shall make recommendations to the
  commissioner of education regarding appropriate revisions of the
  passing standards.
         SECTION 105.  Section 449.052(b), Government Code, is
  amended to read as follows:
         (b)  In implementing Subsection (a)(3), the commission may
  contact and cooperate with:
               (1)  existing public or private Holocaust or other
  genocide resource organizations, including the United States
  Holocaust Memorial Museum;
               (2)  other museums, centers, and organizations based in
  this state;
               (3)  state agencies that carry out the educational
  functions of the state delegated under the Education Code[,
  including the Texas Education Agency and the Texas Higher Education
  Coordinating Board]; and
               (4)  members of the United States Congress and of the
  legislature of this state.
         SECTION 106.  Section 661.031(2), Government Code, is
  amended to read as follows:
               (2)  "State employee" means an individual who is an
  appointed officer or employee of a state agency and who normally
  works 900 hours or more a year. The term includes:
                     (A)  an hourly employee;
                     (B)  a temporary employee;
                     (C)  a person employed by:
                           (i)  the Teacher Retirement System of Texas;
                           (ii)  the Texas Education Agency;
                           (iii)  [the Texas Higher Education
  Coordinating Board;
                           [(iv)]  the Texas School for the Blind and
  Visually Impaired;
                           (iv) [(v)]  the Texas School for the Deaf;
                           (v) [(vi)]  the Texas Youth Commission;
                           (vi) [(vii)]  the Windham School District;
  or
                           (vii) [(viii)]  the Department of Assistive
  and Rehabilitative Services; and
                     (D)  a classified, administrative, faculty, or
  professional employee of a state institution or agency of higher
  education who has accumulated vacation leave, sick leave, or both,
  during the employment.
         SECTION 107.  Section 661.061(2), Government Code, is
  amended to read as follows:
               (2)  "State employee" means an employee or appointed
  officer of a state agency. The term includes:
                     (A)  a full-time employee or officer;
                     (B)  a part-time employee or officer;
                     (C)  an hourly employee;
                     (D)  a temporary employee;
                     (E)  a person employed by:
                           (i)  the Teacher Retirement System of Texas;
                           (ii)  the Texas Education Agency;
                           (iii)  [the Texas Higher Education
  Coordinating Board;
                           [(iv)]  the Texas School for the Blind and
  Visually Impaired;
                           (iv) [(v)]  the Texas School for the Deaf;
                           (v) [(vi)]  the Texas Youth Commission;
                           (vi) [(vii)]  the Windham School District;
  or
                           (vii) [(viii)]  the Department of Assistive
  and Rehabilitative Services; or
                     (F)  a classified, administrative, faculty, or
  professional employee of a state institution or agency of higher
  education who has accumulated vacation leave during the employment.
         SECTION 108.  Sections 830.101(a) and (b), Government Code,
  are amended to read as follows:
         (a)  The governing board of each institution of higher
  education shall provide an opportunity to participate in the
  optional retirement program to all faculty members in the component
  institutions governed by the board. The [State Board of Education
  shall provide an opportunity to participate in the optional
  retirement program to the] commissioner of education may, as
  determined by the commissioner, participate in the optional
  retirement program.
         (b)  Eligibility to participate in the optional retirement
  program is subject to rules adopted by the commissioner of
  education [Texas Higher Education Coordinating Board].
         SECTION 109.  Section 312.003(a), Labor Code, is amended to
  read as follows:
         (a)  The commission shall establish the Interagency Literacy
  Council.  The council is composed of nine members as follows:
               (1)  a representative of the commission, appointed by
  the executive director;
               (2)  two representatives [a representative] of the
  Texas Education Agency, appointed by the commissioner of education;
  and
               (3)  [a representative of the Texas Higher Education
  Coordinating Board, appointed by the commissioner of higher
  education; and
               [(4)]  six public members who are leaders of the
  business or nonprofit community engaged in literacy promotion
  efforts, appointed by the executive director of the commission.
         SECTION 110.  Article 45.054(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  On a finding by a county, justice, or municipal court
  that an individual has committed an offense under Section 25.094,
  Education Code, the court has jurisdiction to enter an order that
  includes one or more of the following provisions requiring that:
               (1)  the individual:
                     (A)  attend school without unexcused absences;
                     (B)  attend a preparatory class for the high
  school equivalency examination administered under Section 7.033
  [7.111], Education Code, if the court determines that the
  individual is too old to do well in a formal classroom environment;
  or
                     (C)  if the individual is at least 16 years of age,
  take the high school equivalency examination administered under
  Section 7.033 [7.111], Education Code;
               (2)  the individual attend a special program that the
  court determines to be in the best interest of the individual,
  including:
                     (A)  an alcohol and drug abuse program;
                     (B)  a rehabilitation program;
                     (C)  a counseling program, including
  self-improvement counseling;
                     (D)  a program that provides training in
  self-esteem and leadership;
                     (E)  a work and job skills training program;
                     (F)  a program that provides training in
  parenting, including parental responsibility;
                     (G)  a program that provides training in manners;
                     (H)  a program that provides training in violence
  avoidance;
                     (I)  a program that provides sensitivity
  training; and
                     (J)  a program that provides training in advocacy
  and mentoring;
               (3)  the individual and the individual's parent attend
  a class for students at risk of dropping out of school designed for
  both the individual and the individual's parent;
               (4)  the individual complete reasonable community
  service requirements; or
               (5)  for the total number of hours ordered by the court,
  the individual participate in a tutorial program covering the
  academic subjects in which the student is enrolled provided by the
  school the individual attends.
         SECTION 111.  Section 29.087(d), Education Code, is amended
  to read as follows:
         (d)  A student is eligible to participate in a program
  authorized by this section if:
               (1)  the student has been ordered by a court under
  Article 45.054, Code of Criminal Procedure, [as added by Chapter
  1514, Acts of the 77th Legislature, Regular Session, 2001,] or by
  the Texas Youth Commission to:
                     (A)  participate in a preparatory class for the
  high school equivalency examination; or
                     (B)  take the high school equivalency examination
  administered under Section 7.033 [7.111]; or
               (2)  the following conditions are satisfied:
                     (A)  the student is at least 16 years of age at the
  beginning of the school year or semester;
                     (B)  the student is a student at risk of dropping
  out of school, as defined by Section 29.081;
                     (C)  the student and the student's parent or
  guardian agree in writing to the student's participation;
                     (D)  at least two school years have elapsed since
  the student first enrolled in ninth grade and the student has
  accumulated less than one third of the credits required to graduate
  under the minimum graduation requirements of the district or
  school; and
                     (E)  any other conditions specified by the
  commissioner.
         SECTION 112.  Effective May 1, 2012, the following
  provisions of the Education Code are repealed:
               (1)  Section 7.021(b)(14);
               (2)  Section 7.055(b)(39);
               (3)  Sections 7.102(b), (c), (e), and (f);
               (4)  Section 28.008(g);
               (5)  Section 28.009(b);
               (6)  Section 39.023(o);
               (7)  Section 51.602(2);
               (8)  Section 51.916(c);
               (9)  Section 56.304(g);
               (10)  Section 61.0211;
               (11)  Section 61.0761(c); and
               (12)  Section 61.808.
         SECTION 113.  (a) Effective May 1, 2012:
               (1)  the Texas Higher Education Coordinating Board is
  abolished;
               (2)  all functions and activities performed
  immediately before that date by the State Board of Education, other
  than functions and activities assigned to the State Board of
  Education by the constitution of this state, or by the Texas Higher
  Education Coordinating Board are transferred to the Texas Education
  Agency;
               (3)  a rule, form, policy, procedure, or decision of
  the State Board of Education, other than a rule, form, policy,
  procedure, or decision relating to a function or activity assigned
  to the State Board of Education by the constitution of this state,
  or of the Texas Higher Education Coordinating Board continues in
  effect as a rule, form, policy, procedure, or decision of the Texas
  Education Agency and remains in effect until amended or replaced by
  the commissioner of education;
               (4)  a rule of the State Board for Educator
  Certification approved by the State Board of Education remains in
  effect until amended or replaced as provided by law;
               (5)  a reference in law or administrative rule to the
  State Board of Education or the Texas Higher Education Coordinating
  Board means the Texas Education Agency, other than a reference:
                     (A)  to the State Board of Education relating to a
  function or activity assigned to the board by the constitution of
  this state; or
                     (B)  under Section 86.22 or 133.006(b), Education
  Code, or another law similarly referring to a past action taken by
  the State Board of Education;
               (6)  a reference in law or administrative rule to the
  commissioner of higher education means the commissioner of
  education;
               (7)  all money, contracts, leases, rights, property,
  records, and bonds and other obligations of the State Board of
  Education or of the Texas Higher Education Coordinating Board are
  transferred to the Texas Education Agency, except that:
                     (A)  money or a contract, lease, right, property,
  record, or bond or other obligation relating to a function or
  activity assigned to the State Board of Education by the
  constitution of this state is not transferred; and
                     (B)  a contract under Section 12.112, Education
  Code, is transferred to the commissioner of education;
               (8)  a court case, administrative proceeding, contract
  negotiation, or other proceeding involving the State Board of
  Education, other than a proceeding relating to a function or
  activity assigned to the State Board of Education by the
  constitution of this state, or involving the Texas Higher Education
  Coordinating Board is transferred without change in status to the
  Texas Education Agency, and the Texas Education Agency assumes,
  without a change in status, the position of the State Board of
  Education or the Texas Higher Education Coordinating Board, as
  applicable, in a negotiation or proceeding relating to an activity
  transferred by this Act to the Texas Education Agency to which the
  State Board of Education or the Texas Higher Education Coordinating
  Board, as applicable, is a party;
               (9)  an employee of the State Board of Education, other
  than an employee whose duties relate solely or primarily to a
  function or activity assigned to the State Board of Education by the
  constitution of this state, or of the Texas Higher Education
  Coordinating Board becomes an employee of the Texas Education
  Agency; and
               (10)  any unexpended and unobligated balance of money
  appropriated by the legislature for the State Board of Education,
  other than money appropriated to enable the State Board of
  Education to carry out a function or activity assigned by the
  constitution of this state, or for the Texas Higher Education
  Coordinating Board is transferred to the Texas Education Agency.
         (b)  In the period beginning on January 1, 2012, and ending
  on April 30, 2012:
               (1)  the State Board of Education and the Texas Higher
  Education Coordinating Board shall continue to perform functions
  and activities under the Education Code or other law as if the law
  had not been amended or repealed, as applicable, and the former law
  is continued in effect for that purpose; and
               (2)  a person who is authorized or required by law to
  take an action relating to the State Board of Education, a member of
  the State Board of Education, the Texas Higher Education
  Coordinating Board, or a member of the coordinating board shall
  continue to take that action under the law as if the law had not been
  amended or repealed, as applicable, and the former law is continued
  in effect for that purpose.
         SECTION 114.  Before May 1, 2012, the State Board of
  Education or the Texas Higher Education Coordinating Board, as
  applicable, may agree with the Texas Education Agency to transfer
  any property of the State Board of Education or the coordinating
  board, as applicable, to the Texas Education Agency to implement
  the transfer required by Section 113 of this Act.
         SECTION 115.  Section 12.112, Education Code, as amended by
  this Act, applies only to the required signatories of a charter for
  an open-enrollment charter school in the case of a charter entered
  into on or after May 1, 2012. The required signatories of a charter
  for an open-enrollment charter school in the case of a charter
  entered into before May 1, 2012, are governed by the law in effect
  on the date the charter is entered into, and the former law is
  continued in effect for that purpose.
         SECTION 116.  This Act does not affect the reference to the
  state board of education under Section 143.112(1)(A), Local
  Government Code, or a similar reference to the extent that the
  reference is to the state board of education of another state.
         SECTION 117.  This Act takes effect January 1, 2012.