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  83R4842 VOO-F
 
  By: Murphy H.B. No. 2431
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to public high school graduation, including curriculum
  requirements for graduation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 7.062(e), Education Code, is amended to
  read as follows:
         (e)  The rules must:
               (1)  limit the amount of assistance provided through a
  grant to not more than:
                     (A)  for a construction project, $200 per square
  foot of the science laboratory to be constructed; or
                     (B)  for a renovation project, $100 per square
  foot of the science laboratory to be renovated;
               (2)  require a school district to demonstrate, as a
  condition of eligibility for a grant, that the existing district
  science laboratories are insufficient in number to comply with the
  curriculum requirements imposed for the recommended and advanced
  high school programs under Section 28.025 [28.025(b-1)(1)]; and
               (3)  provide for ranking school districts that apply
  for grants on the basis of wealth per student and giving priority in
  the award of grants to districts with low wealth per student.
         SECTION 2.  Section 28.002(n), Education Code, is amended to
  read as follows:
         (n)  The State Board of Education may by rule develop and
  implement a plan designed to incorporate career and technology
  education [foundation] curriculum requirements into the foundation 
  [career and technology education] curriculum under Subsections 
  [Subsection] (a)(1)(B) and (C) [(a)(2)(E)].
         SECTION 3.  Sections 28.0022(a), (d), (e), and (f),
  Education Code, are amended to read as follows:
         (a)  Not later than November 1, 2013 [2007], the agency shall
  establish a panel under this section to[:
               [(1)  review and] recommend [revisions to the] career
  and technical education requirements [curriculum] under Section
  28.025(b-4) [28.002(a)(2)(E); and
               [(2)     review and recommend revisions for the program in
  which high schools and articulated postsecondary institutions
  allow high school students to take advanced technical credit
  courses].
         (d)  Not later than December 31, 2013 [November 1, 2008], the
  panel shall:
               (1)  make the recommendations [complete the review as]
  required by this section regarding [of:
                     [(A)]  the career and technical education
  curriculum requirements under Section 28.025(b-4)[; and
                     [(B)     the program under which high schools and
  articulated postsecondary institutions allow high school students
  to take advanced technical credit courses]; and
               (2)  make recommendations to the State Board of
  Education as necessary to:
                     (A)  maintain [increase] the academic rigor of the
  career and technical education curriculum under Section
  28.002(a)(2)(E); and
                     (B)  [improve and] increase participation in the
  program under which high schools and articulated postsecondary
  institutions allow high school students to take advanced technical
  credit courses.
         (e)  [Not later than September 1, 2009, the State Board of
  Education by rule shall revise the essential knowledge and skills
  of the career and technical education curriculum as provided by
  Section 28.002(c) based on the recommendations of the panel under
  Subsection (d).] The State Board of Education shall require school
  districts to provide instruction in the career and technical
  education curriculum, based on recommendations made [as revised]
  under this section [subsection], beginning with the 2014-2015
  [2010-2011] school year.
         (f)  This section expires September 1, 2016 [2014].
         SECTION 4.  Section 28.003(b), Education Code, is amended to
  read as follows:
         (b)  In this section, "educational program" means a course or
  series of courses in the required curriculum under Section 28.002[,
  other than a fine arts course under Section 28.002(a)(2)(D) or a
  career and technology course under Section 28.002(a)(2)(E)].
         SECTION 5.  The heading to Section 28.014, Education Code,
  is amended to read as follows:
         Sec. 28.014.  COLLEGE AND WORKFORCE PREPARATORY COURSES.
         SECTION 6.  Sections 28.014(a) and (b), Education Code, are
  amended to read as follows:
         (a)  The commissioner of education, [and] the commissioner
  of higher education, and the chairman of the Texas Workforce
  Commission shall [develop and] recommend to the State Board of
  Education for adoption under Section 28.002 the essential knowledge
  and skills of courses in college and career 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:
                     (A)  at an institution of higher education that
  offers a two-year or four-year undergraduate program; or
                     (B)  in a postsecondary technical program [in
  entry-level college courses].
         (b)  A student who successfully completes a course developed
  under this section may use the credit earned in the course toward
  satisfying the applicable mathematics or science curriculum
  requirement for graduation from [the recommended or advanced] high
  school [program] under Section 28.025.
         SECTION 7.  Section 28.025, Education Code, is amended by
  amending Subsections (a), (b), (b-1), (b-2), (b-3), (b-4), (b-5),
  (b-6), (b-7), (b-8), (b-9), (b-10), (e), and (g) and adding
  Subsections (b-12), (b-13), and (b-14) to read as follows:
         (a)  The State Board of Education by rule shall determine
  curriculum requirements for the minimum high school program, the
  recommended high school programs, and the advanced high school
  program [programs] that are consistent with the required curriculum
  under Section 28.002.  Subject to Subsection (b-1), the State Board
  of Education shall designate the specific courses in the foundation
  curriculum required for each [a student participating in the
  minimum, recommended, or advanced] high school program.  Except as
  provided by Subsection (b-1), the State Board of Education may not
  designate a specific course or a specific number of credits in the
  enrichment curriculum as requirements for the recommended program.
         (b)  A school district shall ensure that each student enrolls
  in the courses necessary to complete the curriculum requirements
  identified by the State Board of Education under Subsection (a) for
  a [the] recommended high school program or the advanced high school
  program unless:
               (1)  the district has complied with Subsection (b-7);
               (2)  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
               (3)  the student:
                     (A) [(1)]  is at least 16 years of age;
                     (B) [(2)]  has completed two credits required for
  graduation in each subject of the foundation curriculum under
  Section 28.002(a)(1); or
                     (C) [(3)]  has failed to be promoted to the tenth
  grade one or more times as determined by the school district.
         (b-1)  The State Board of Education by rule shall require
  that:
               (1)  except as provided by Subsection (b-2), the
  curriculum requirements for the recommended and advanced high
  school programs under Subsection (a) include a requirement that
  students successfully complete at least 26 credits, including:
                     (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 programs
  [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 programs
  [program], at least 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 or technical writing component; and
               (3)  the curriculum requirements for the minimum high
  school program, the recommended high school programs, and the
  advanced high school program [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)  except as provided by Subsection (b-11), one
  credit in physical education under Section 28.002(a)(2)(C).
         (b-2)  In adopting rules under this section [Subsection
  (b-1)], the State Board of Education shall allow a student to comply
  with [the] curriculum requirements for a mathematics or science
  course [under Subsection (b-1)(1) taken after the successful
  completion of Algebra I and geometry and either after the
  successful completion of or concurrently with Algebra II or a
  science course under Subsection (b-1)(1) taken after the successful
  completion of biology and chemistry and either after the successful
  completion of or concurrently with physics] by successfully
  completing a [an advanced] career and technical course designated
  by the State Board of Education as containing sufficiently
  [substantively similar and] rigorous academic content or offered
  under Section 130.008.  [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 high school
  program options under this section [the option described by
  Subsection (b-1)(1)(A)], the State Board of Education must approve
  a [variety of mathematics and science courses that may be taken
  after the completion of Algebra II and physics to comply with the]
  recommended high school program option that requires four credits
  in each subject of the foundation curriculum under Section
  28.002(a)(1) [requirements].
         (b-4)  In adopting rules to provide students with high school
  program options under this section, the State Board of Education
  must approve a second recommended high school program option that
  requires three credits in each subject of the foundation curriculum
  under Section 28.002(a)(1), emphasizes postsecondary workforce
  readiness, and requires applied career and technology education
  courses covering the essential knowledge and skills for career and
  technology education identified under Section 28.002.  Under the
  recommended high school program option approved under this
  subsection, the board shall require that a student earn credit in at
  least two courses that qualify for postsecondary education credit
  under Section 130.008, subject to Subsection (b-14) [A school
  district may offer the curriculum described in Subsection
  (b-1)(1)(A) in an applied manner.     Courses delivered in an applied
  manner must cover the essential knowledge and skills, and the
  student shall be administered the applicable end-of-course
  assessment instrument as provided by Sections 39.023(c) and
  39.025].
         (b-5)  In adopting rules to provide students with high school
  program options under this section, the State Board of Education
  must approve a third recommended high school program option that
  requires three credits in each subject of the foundation curriculum
  under Section 28.002(a)(1) and also emphasizes fine arts. Under the
  recommended high school program option approved under this
  subsection, the board shall require that a student earn credit in at
  least two courses that qualify for postsecondary education credit
  in fine arts under Section 130.008, subject to Subsection (b-14) [A
  school district may offer a mathematics or science course to be
  taken by a student after completion of Algebra II and physics to
  comply with the recommended program requirements in Subsection
  (b-1)(1)(A).     A course approved under this subsection must be
  endorsed by an institution of higher education as a course for which
  the institution would award course credit or as a prerequisite for a
  course for which the institution would award course credit].
         (b-6)  In adopting rules to provide students with the high
  school program options under this section, the State Board of
  Education must approve a fourth recommended high school program
  option that allows a student, in accordance with any eligibility
  requirements the board adopts under this subsection, to change from
  an earlier selected high school program and combine earned credits
  under the recommended high school programs approved under
  Subsections (b-3), (b-4), and (b-5). Under the recommended high
  school program option approved under this subsection, the board
  shall require that a student earn credit in at least two courses
  that qualify for postsecondary education credit under Section
  130.008, subject to Subsection (b-14).
         (b-7)  Before a student's parent or other person standing in
  parental relation to the student may agree that the student be
  permitted to take courses under the minimum high school program as
  provided by Subsection (b), a school district must provide written
  notice to the parent or person standing in parental relation
  explaining the benefits of the recommended high school
  program.  The notice shall be developed by the agency and must[:
               [(1)]  be printed in English and Spanish[;] and
               [(2)]  require that the student's parent or person
  standing in parental relation to the student sign a confirmation of
  receipt and return the confirmation to the student's campus.  A
  student agreeing to take courses under the minimum high school
  program as provided by Subsection (b) may, on request, resume
  taking courses under a recommended high school program.
         (b-8) [(b-7)]  The State Board of Education, in coordination
  with the Texas Higher Education Coordinating Board, shall adopt
  rules to ensure that a student may comply with the curriculum
  requirements under the minimum, recommended, or advanced high
  school programs [program] for each subject of the foundation
  curriculum under Section 28.002(a)(1) and for languages other than
  English under Section 28.002(a)(2)(A) by successfully completing
  appropriate courses in the core curriculum of an institution of
  higher education under Section 61.822.
         [(b-8)     A student agreeing to take courses under the minimum
  high school program as provided by Subsection (b) may, upon
  request, resume taking courses under the recommended high school
  program.]
         (b-9)  A [The agency shall establish a pilot program allowing
  a student attending school in a county with a population of more
  than one million and in which more than 75 percent of the population
  resides in a single municipality to satisfy the] fine arts credit
  required under Subsection (b-1)(3)(A) or (b-5) may be satisfied by
  a student's participation [participating] in a fine arts program
  not provided by the school district in which the student is
  enrolled.  The fine arts program may be provided on or off a school
  campus and outside the regular school day. [Not later than December
  1, 2010, the agency shall provide to the legislature a report
  regarding the pilot program, including the feasibility of expanding
  the pilot program statewide.]
         (b-10)  A school district [, with the approval of the
  commissioner,] may allow a student to comply with the curriculum
  requirements for the physical education credit required under
  Subsection (b-1)(3)(B) by participating in a private or
  commercially sponsored physical activity program provided on or off
  a school campus and outside the regular school day.
         (b-12)  The agency shall provide school counselors with
  information necessary to support students and parents in choosing a
  high school program under Section 28.025. The information must
  identify postsecondary education and career opportunities,
  including information on the benefits provided by two-year and
  four-year higher education programs, postsecondary career and
  technical education programs, career-education programs, and
  skilled workforce careers.  The agency shall collaborate with the
  Texas Workforce Commission and the Texas Higher Education
  Coordinating Board in identifying existing information that may be
  used for purposes of this subsection or, as necessary, developing
  new material.
         (b-13)  In adopting rules under this section, the State Board
  of Education shall allow a student to participate, through distance
  learning, in courses that qualify for postsecondary education
  credit.
         (b-14)  The commissioner may waive the postsecondary
  education requirements under Subsection (b-4), (b-5), or (b-6) if
  the commissioner determines that sufficient courses are not
  available to students participating in the recommended high school
  programs under that subsection.
         (e)  Each school district shall report the academic
  achievement record of students [who have completed a minimum,
  recommended, or advanced high school program] on transcript forms
  adopted by the State Board of Education. The transcript forms
  adopted by the board must be designed to clearly differentiate
  between each of the high school programs and identify whether a
  student received a diploma [or a certificate of coursework
  completion].
         (g)  If a student, other than a student permitted to take
  courses under the minimum high school program as provided by
  Subsection (b), is unable to complete one of the recommended high
  school programs or the advanced high school program solely because
  necessary courses were unavailable to the student at the
  appropriate times in the student's high school career as a result of
  course scheduling, lack of enrollment capacity, or another cause
  not within the student's control, the school district shall
  indicate that fact on the student's transcript form described by
  Subsection (e).
         SECTION 8.  Section 28.0253(e), Education Code, is amended
  to read as follows:
         (e)  A student who receives a high school diploma through the
  pilot program is considered to have completed a [the] recommended
  high school program adopted under Section 28.025 [28.025(a)].  The
  student is not guaranteed admission to any institution of higher
  education or to any academic program at an institution of higher
  education solely on the basis of having received the diploma
  through the program.
         SECTION 9.  Section 29.096(e), Education Code, is amended to
  read as follows:
         (e)  The commissioner shall establish minimum standards for
  a local collaborative agreement, including a requirement that the
  agreement must be signed by an authorized school district or
  open-enrollment charter school officer and an authorized
  representative of each of the other participating entities that is
  a partner in the collaboration. The program must:
               (1)  limit participation in the program to students
  authorized to participate by a parent or other person standing in
  parental relationship;
               (2)  have as a primary goal graduation from high school
  under at least one of the recommended high school programs
  [program];
               (3)  provide for local businesses or other employers to
  offer paid employment or internship opportunities and advanced
  career and vocational training;
               (4)  include an outreach component and a lead
  educational staff member to identify and involve eligible students
  and public and private entities in participating in the program;
               (5)  serve a population of students of which at least 50
  percent are identified as students at risk of dropping out of
  school, as described by Section 29.081(d);
               (6)  allocate not more than 15 percent of grant funds
  and matching funds, as determined by the commissioner, to
  administrative expenses;
               (7)  include matching funds from any of the
  participating entities; and
               (8)  include any other requirements as determined by
  the council.
         SECTION 10.  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; and
               (4)  all secondary students have the opportunity to
  participate in the recommended high school program option under
  Section 28.025(b-4).
         SECTION 11.  Section 29.187(b), Education Code, is amended
  to read as follows:
         (b)  An award granted under this section is not in lieu of a
  diploma [or certificate of coursework completion] issued under
  Section 28.025.
         SECTION 12.  Section 29.402(b), Education Code, is amended
  to read as follows:
         (b)  A person who is under 26 years of age is eligible to
  enroll in a dropout recovery program under this subchapter if the
  person:
               (1)  must complete not more than three course credits
  to complete the curriculum requirements for the minimum high school
  program, one of the recommended high school programs, or the
  advanced high school program, as appropriate, for high school
  graduation; or
               (2)  has failed to perform satisfactorily on an
  end-of-course assessment instrument administered under Section
  39.023(c) or an assessment instrument administered under Section
  39.023(c) as that section existed before amendment by Chapter 1312
  (S.B. 1031), Acts of the 80th Legislature, Regular Session, 2007.
         SECTION 13.  Section 29.904(d), Education Code, is amended
  to read as follows:
         (d)  A plan developed under this section:
               (1)  must establish clear, achievable goals for
  increasing the percentage of the school district's graduating
  seniors, particularly the graduating seniors attending a high
  school described by Subsection (a), who enroll in an institution of
  higher education for the academic year following graduation;
               (2)  must establish an accurate method of measuring
  progress toward the goals established under Subdivision (1) that
  may include the percentage of district high school students and the
  percentage of students attending a district high school described
  by Subsection (a) who:
                     (A)  are enrolled in a course for which a student
  may earn college credit, such as an advanced placement or
  international baccalaureate course or a course offered through
  concurrent enrollment in high school and at an institution of
  higher education;
                     (B)  are enrolled in courses that meet the
  curriculum requirements for one of the recommended high school
  programs or the advanced high school program as determined under
  Section 28.025;
                     (C)  have submitted a free application for federal
  student aid (FAFSA);
                     (D)  are exempt under Section 51.3062(p) or (q)
  from administration of an assessment instrument under Section
  51.3062 or have performed successfully on an assessment instrument
  under Section 51.3062;
                     (E)  graduate from high school;
                     (F)  graduate from an institution of higher
  education; and
                     (G)  have taken college entrance examinations and
  the average score of those students on the examinations;
               (3)  must cover a period of at least five years; and
               (4)  may be directed at district students at any level
  of primary or secondary education.
         SECTION 14.  Section 31.022(a), Education Code, is amended
  to read as follows:
         (a)  The State Board of Education shall adopt a review and
  adoption cycle for instructional materials for elementary grade
  levels, including prekindergarten, and secondary grade levels, for
  each subject in the required curriculum under Section 28.002.  In
  adopting the cycle, the board:
               (1)  is not required to review and adopt instructional
  materials for all grade levels in a single year; and
               (2)  shall give priority to instructional materials in
  the following subjects:
                     (A)  foundation curriculum subjects for which the
  essential knowledge and skills have been substantially revised and
  for which assessment instruments are required under Subchapter B,
  Chapter 39[, including career and technology courses that satisfy
  foundation curriculum requirements as provided by Section
  28.002(n)];
                     (B)  foundation curriculum subjects for which the
  essential knowledge and skills have been substantially revised[,
  including career and technology courses that satisfy foundation
  curriculum requirements as provided by Section 28.002(n)];
                     (C)  foundation curriculum subjects not described
  by Paragraph (A) or (B)[, including career and technology courses
  that satisfy foundation curriculum requirements as provided by
  Section 28.002(n)]; and
                     (D)  enrichment curriculum subjects.
         SECTION 15.  Section 33.007(b), Education Code, is amended
  to read as follows:
         (b)  During the first school year a student is enrolled in a
  high school or at the high school level in an open-enrollment
  charter school, and again during a student's senior year, a
  counselor shall provide information about higher education to the
  student and the student's parent or guardian.  The information must
  include information regarding:
               (1)  the importance of higher education;
               (2)  the advantages of completing a [the] recommended
  high school program or the advanced high school program adopted
  under Section 28.025 [28.025(a)];
               (3)  the disadvantages of taking courses to prepare for
  a high school equivalency examination relative to the benefits of
  taking courses leading to a high school diploma;
               (4)  financial aid eligibility;
               (5)  instruction on how to apply for federal financial
  aid;
               (6)  the center for financial aid information
  established under Section 61.0776;
               (7)  the automatic admission of certain students to
  general academic teaching institutions as provided by Section
  51.803;
               (8)  the eligibility and academic performance
  requirements for the TEXAS Grant as provided by Subchapter M,
  Chapter 56; and
               (9)  the availability of programs in the district under
  which a student may earn college credit, including advanced
  placement programs, dual credit programs, joint high school and
  college credit programs, and international baccalaureate programs.
         SECTION 16.  Section 39.025(a), Education Code, is amended
  to read as follows:
         (a)  The commissioner shall adopt rules requiring a student
  participating in one of the recommended high school programs or the
  advanced high school program under Section 28.025 to be
  administered each end-of-course assessment instrument listed in
  Section 39.023(c) and requiring a student participating in the
  minimum high school program to be administered an end-of-course
  assessment instrument listed in Section 39.023(c) only for a course
  in which the student is enrolled and for which an end-of-course
  assessment instrument is administered.  A student is required to
  achieve, in each subject in the foundation curriculum under Section
  28.002(a)(1), a cumulative score that is at least equal to the
  product of the number of end-of-course assessment instruments
  administered to the student in that subject and a scale score that
  indicates satisfactory performance, as determined by the
  commissioner under Section 39.0241(a).  A student must achieve a
  minimum score as determined by the commissioner to be within a
  reasonable range of the scale score under Section 39.0241(a) on an
  end-of-course assessment instrument for the score to count towards
  the student's cumulative score.  For purposes of this subsection, a
  student's cumulative score is determined using the student's
  highest score on each end-of-course assessment instrument
  administered to the student.  A student may not receive a high
  school diploma until the student has performed satisfactorily on
  the end-of-course assessment instruments in the manner provided
  under this subsection.  This subsection does not require a student
  to demonstrate readiness to enroll in an institution of higher
  education.
         SECTION 17.  Section 39.057(a), Education Code, is amended
  to read as follows:
         (a)  The commissioner shall authorize special accreditation
  investigations to be conducted:
               (1)  when excessive numbers of absences of students
  eligible to be tested on state assessment instruments are
  determined;
               (2)  when excessive numbers of allowable exemptions
  from the required state assessment instruments are determined;
               (3)  in response to complaints submitted to the agency
  with respect to alleged violations of civil rights or other
  requirements imposed on the state by federal law or court order;
               (4)  in response to established compliance reviews of
  the district's financial accounting practices and state and federal
  program requirements;
               (5)  when extraordinary numbers of student placements
  in disciplinary alternative education programs, other than
  placements under Sections 37.006 and 37.007, are determined;
               (6)  in response to an allegation involving a conflict
  between members of the board of trustees or between the board and
  the district administration if it appears that the conflict
  involves a violation of a role or duty of the board members or the
  administration clearly defined by this code;
               (7)  when excessive numbers of students in special
  education programs under Subchapter A, Chapter 29, are assessed
  through assessment instruments developed or adopted under Section
  39.023(b);
               (8)  in response to an allegation regarding or an
  analysis using a statistical method result indicating a possible
  violation of an assessment instrument security procedure
  established under Section 39.0301, including for the purpose of
  investigating or auditing a school district under that section;
               (9)  when a significant pattern of decreased academic
  performance has developed as a result of the promotion in the
  preceding two school years of students who did not perform
  satisfactorily as determined by the commissioner under Section
  39.0241(a) on assessment instruments administered under Section
  39.023(a), (c), or (l);
               (10)  when excessive numbers of students graduate under
  the minimum high school program;
               (11)  when excessive numbers of students eligible to
  enroll fail to complete [an Algebra II course or] any [other] course
  determined by the commissioner as distinguishing between students
  participating in one of the recommended high school programs 
  [program] from students participating in the minimum high school
  program;
               (12)  when resource allocation practices as evaluated
  under Section 39.0821 indicate a potential for significant
  improvement in resource allocation; or
               (13)  as the commissioner otherwise determines
  necessary.
         SECTION 18.  Section 39.234(a), Education Code, is amended
  to read as follows:
         (a)  Except as provided by Subsection (b), a school district
  or campus must use funds allocated under Section 42.160 to:
               (1)  implement or administer a college and workforce
  readiness program that provides academic support and instruction to
  prepare underachieving students for entrance into:
                     (A)  an institution of higher education that
  offers a two-year undergraduate program or a four-year
  undergraduate program; or
                     (B)  a postsecondary technical program;
               (2)  implement or administer a program that encourages
  students to pursue advanced academic opportunities, including
  rigorous career and technology education programs, early college
  high school programs and dual credit, advanced placement, and
  international baccalaureate courses;
               (3)  implement or administer a program that provides
  opportunities for students to take academically rigorous course
  work, including four years of mathematics and four years of science
  at the high school level;
               (4)  implement or administer a program, including
  online course support and professional development, that aligns the
  curriculum for grades six through 12 with postsecondary curriculum
  and expectations; or
               (5)  implement or administer science, technology,
  engineering, and mathematics (STEM) initiatives and other high
  school completion and success initiatives in grades six through 12
  approved by the commissioner.
         SECTION 19.  Section 51.3062(q-1), Education Code, is
  amended to read as follows:
         (q-1)  A student who has completed one of the [a] recommended
  high school programs or the advanced high school program as
  determined under Section 28.025 and demonstrated the performance
  standard for college readiness as provided by Section 39.024 on the
  Algebra II and English III end-of-course assessment instruments is
  exempt from the requirements of this section with respect to those
  content areas.  The commissioner of higher education by rule shall
  establish the period for which an exemption under this subsection
  is valid.
         SECTION 20.  Sections 51.803(a) and (d), Education Code, are
  amended to read as follows:
         (a)  Subject to Subsection (a-1), each general academic
  teaching institution shall admit an applicant for admission to the
  institution as an undergraduate student if the applicant graduated
  with a grade point average in the top 10 percent of the student's
  high school graduating class in one of the two school years
  preceding the academic year for which the applicant is applying for
  admission and:
               (1)  the applicant graduated from a public or private
  high school in this state accredited by a generally recognized
  accrediting organization or from a high school operated by the
  United States Department of Defense;
               (2)  the applicant:
                     (A)  successfully completed:
                           (i)  at a public high school, the curriculum
  requirements established under Section 28.025 for one of the
  recommended high school programs or the advanced high school
  program; or
                           (ii)  at a high school to which Section
  28.025 does not apply, a curriculum that is equivalent in content
  and rigor to one of the recommended high school programs or the
  advanced high school program; or
                     (B)  satisfied ACT's College Readiness Benchmarks
  on the ACT assessment applicable to the applicant or earned on the
  SAT assessment a score of at least 1,500 out of 2,400 or the
  equivalent; and
               (3)  if the applicant graduated from a high school
  operated by the United States Department of Defense, the applicant
  is a Texas resident under Section 54.052 or is entitled to pay
  tuition fees at the rate provided for Texas residents under Section
  54.241(d) [54.058(d)] for the term or semester to which admitted.
         (d)  For purposes of Subsection (c)(2), a student's official
  transcript or diploma must, not later than the end of the student's
  junior year, indicate:
               (1)  whether the student has satisfied or is on
  schedule to satisfy the requirements of Subsection (a)(2)(A)(i) or
  (ii), as applicable; or
               (2)  if Subsection (b) applies to the student, whether
  the student has completed the portion of one of the recommended high
  school program curricula or the advanced curriculum, or of the
  curriculum equivalent in content and rigor, as applicable, that was
  available to the student.
         SECTION 21.  Section 51.807(b), Education Code, is amended
  to read as follows:
         (b)  The Texas Higher Education Coordinating Board, after
  consulting with the Texas Education Agency, by rule shall establish
  standards for determining for purposes of this subchapter:
               (1)  whether a private high school is accredited by a
  generally recognized accrediting organization; and
               (2)  whether a person completed a high school
  curriculum that is equivalent in content and rigor to the
  curriculum requirements established under Section 28.025 for one of
  the recommended high school programs or the advanced high school
  program.
         SECTION 22.  Section 56.3041, Education Code, is amended to
  read as follows:
         Sec. 56.3041. INITIAL ELIGIBILITY OF PERSON GRADUATING FROM
  HIGH SCHOOL ON OR AFTER MAY 1, 2013, AND ENROLLING IN A GENERAL
  ACADEMIC TEACHING INSTITUTION.  Notwithstanding Section 56.304(a),
  to be eligible initially for a TEXAS grant, a person graduating from
  high school on or after May 1, 2013, and enrolling in a general
  academic teaching institution must:
               (1)  be a resident of this state as determined by
  coordinating board rules;
               (2)  meet the academic requirements prescribed by
  Paragraph (A), (B), or (C) as follows:
                     (A)  be a graduate of a public or accredited
  private high school in this state who completed one of the
  recommended high school programs [program] established under
  Section 28.025 or its equivalent and have accomplished any two or
  more of the following:
                           (i)  graduation under the advanced high
  school program established under Section 28.025 or its equivalent,
  successful completion of the course requirements of the
  international baccalaureate diploma program, or earning of the
  equivalent of at least 12 semester credit hours of college credit in
  high school through courses described in Sections 28.009(a)(1),
  (2), and (3);
                           (ii)  satisfaction of the Texas Success
  Initiative (TSI) college readiness benchmarks prescribed by the
  coordinating board under Section 51.3062(f) on any assessment
  instrument designated by the coordinating board under Section
  51.3062(c) [or (e)] or qualification for an exemption as described
  by Section 51.3062(p), (q), or (q-1);
                           (iii)  graduation in the top one-third of
  the person's high school graduating class or graduation from high
  school with a grade point average of at least 3.0 on a four-point
  scale or the equivalent; or
                           (iv)  completion for high school credit of
  at least one advanced mathematics course following the successful
  completion of an Algebra II course[, as permitted by Section
  28.025(b-3)], or at least one [advanced] career and technical
  course, as permitted by Section 28.025(b-2);
                     (B)  have received an associate degree from a
  public or private institution of higher education; or
                     (C)  if sufficient money is available, meet the
  eligibility criteria described by Section 56.304(a)(2)(A);
               (3)  meet financial need requirements established by
  the coordinating board;
               (4)  be enrolled in an undergraduate degree or
  certificate program at the general academic teaching institution;
               (5)  except as provided under rules adopted under
  Section 56.304(h), be enrolled as:
                     (A)  an entering undergraduate student for at
  least three-fourths of a full course load, as determined by the
  coordinating board, not later than the 16th month after the
  calendar month in which the person graduated from high school;
                     (B)  an entering undergraduate student who
  entered military service not later than the first anniversary of
  the date the person graduated from high school and who enrolled for
  at least three-fourths of a full course load, as determined by the
  coordinating board, at the general academic teaching institution
  not later than 12 months after being honorably discharged from
  military service; or
                     (C)  a continuing undergraduate student for at
  least three-fourths of a full course load, as determined by the
  coordinating board, not later than the 12th month after the
  calendar month in which the person received an associate degree
  from a public or private institution of higher education;
               (6)  have applied for any available financial aid or
  assistance; and
               (7)  comply with any additional nonacademic
  requirements adopted by the coordinating board under this
  subchapter.
         SECTION 23.  Subchapter A, Chapter 56, Education Code, is
  amended by adding Section 56.010 to read as follows:
         Sec. 56.010.  REFERENCE TO RECOMMENDED HIGH SCHOOL PROGRAM.  
  A reference in this chapter to the recommended high school program
  means any of the recommended high school programs under Section
  28.025.
         SECTION 24.  Section 61.792(b), Education Code, is amended
  to read as follows:
         (b)  To qualify for a scholarship under this section, a
  student must:
               (1)  have graduated with a grade point average in the
  top 20 percent of the student's high school graduating class;
               (2)  have graduated from high school with a grade point
  average of at least 3.5 on a four-point scale or the equivalent in
  mathematics and science courses offered under one of the
  recommended high school programs or the advanced high school
  program under Section 28.025 [28.025(a)]; and
               (3)  maintain an overall grade point average of at
  least 3.0 on a four-point scale at the general academic teaching
  institution or the private or independent institution of higher
  education in which the student is enrolled.
         SECTION 25.  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(b-4) [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 26.  Section 61.855(d), Education Code, is amended
  to read as follows:
         (d)  A tech-prep program must:
               (1)  be implemented under an articulation agreement
  between the participants in the consortium;
               (2)  consist of two to four years of secondary school
  preceding graduation and:
                     (A)  two or more years of higher education; or
                     (B)  two or more years of apprenticeship following
  secondary instruction;
               (3)  have a common core of required proficiency based
  on the recommended high school program adopted by the State Board of
  Education under Section 28.025(b-4) [28.025(a)], with
  proficiencies in mathematics, science, reading, writing,
  communications, and technologies designed to lead to an associate's
  degree or postsecondary certificate in a specific career field;
               (4)  include the development of tech-prep program
  curricula for both secondary and postsecondary participants in the
  consortium that:
                     (A)  meets academic standards developed by the
  state;
                     (B)  links secondary schools and two-year
  postsecondary institutions, and, if practicable, four-year
  institutions of higher education through nonduplicative sequences
  of courses in career fields, including the investigation of
  opportunities for tech-prep students to enroll concurrently in
  secondary and postsecondary course work;
                     (C)  uses, if appropriate and available,
  work-based or worksite learning in conjunction with business and
  all aspects of an industry; and
                     (D)  uses educational technology and distance
  learning, as appropriate, to involve each consortium participant
  more fully in the development and operation of programs;
               (5)  include in-service training for teachers that:
                     (A)  is designed to train vocational and technical
  teachers to effectively implement tech-prep programs;
                     (B)  provides for joint training for teachers in
  the tech-prep consortium;
                     (C)  is designed to ensure that teachers and
  administrators stay current with the needs, expectations, and
  methods of business and of all aspects of an industry;
                     (D)  focuses on training postsecondary education
  faculty in the use of contextual and applied curricula and
  instruction; and
                     (E)  provides training in the use and application
  of technology;
               (6)  include training programs for counselors designed
  to enable counselors to more effectively:
                     (A)  provide information to students regarding
  tech-prep programs;
                     (B)  support student progress in completing
  tech-prep programs;
                     (C)  provide information on related employment
  opportunities;
                     (D)  ensure that tech-prep students are placed in
  appropriate employment; and
                     (E)  stay current with the needs, expectations,
  and methods of business and of all aspects of an industry;
               (7)  provide equal access to the full range of
  tech-prep programs for individuals who are members of special
  populations, including by the development of tech-prep program
  services appropriate to the needs of special populations; and
               (8)  provide for preparatory services that assist
  participants in tech-prep programs.
         SECTION 27.  Section 61.861(c), Education Code, is amended
  to read as follows:
         (c)  A course developed for purposes of this section must:
               (1)  provide content that enables a student to develop
  the relevant and critical skills needed to be prepared for
  employment or additional training in a high-demand occupation;
               (2)  incorporate college and career readiness skills as
  part of the curriculum;
               (3)  be offered for dual credit; and
               (4)  satisfy a mathematics or science requirement under
  one of the recommended high school programs or the advanced high
  school program as determined under Section 28.025.
         SECTION 28.  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
  one of the recommended high school programs or the advanced high
  school program as determined under Section 28.025.
         SECTION 29.  (a) Section 21.044(b), Education Code, as added
  by Chapter 926 (S.B. 1620), Acts of the 82nd Legislature, Regular
  Session, 2011, is repealed.
         (b)  The following provisions of the Education Code are
  repealed:
               (1)  Section 28.002(q);
               (2)  Sections 28.014(c), (d), and (f);
               (3)  Section 28.025(d);
               (4)  Section 28.027;
               (5)  Section 42.154(d); and
               (6)  Section 61.0517.
         SECTION 30.  This Act applies beginning with the 2013-2014
  school year.
         SECTION 31.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect September 1, 2013.