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.