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  83R6400 PAM-D
 
  By: Aycock H.B. No. 5
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to public school accountability, including assessment,
  and curriculum requirements.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  (a) Section 7.062(e), Education Code, is amended
  to read as follows:
         (e)  The rules must:
               (1)  limit the amount of assistance provided through a
  grant to not more than:
                     (A)  for a construction project, $200 per square
  foot of the science laboratory to be constructed; or
                     (B)  for a renovation project, $100 per square
  foot of the science laboratory to be renovated;
               (2)  require a school district to demonstrate, as a
  condition of eligibility for a grant, that the existing district
  science laboratories are insufficient in number to comply with the
  curriculum requirements imposed for the foundation [recommended
  and advanced] high school program [programs] under Section 28.025 
  [28.025(b-1)(1)]; and
               (3)  provide for ranking school districts that apply
  for grants on the basis of wealth per student and giving priority in
  the award of grants to districts with low wealth per student.
         (b)  This section applies beginning with the 2014-2015
  school year.
         SECTION 2.  (a) Section 28.002(f), Education Code, is
  amended to read as follows:
         (f)  A school district may offer courses for local credit in
  addition to those in the required curriculum. The State Board of
  Education shall be flexible in approving a course for credit for
  high school graduation under this subsection. A district may also
  offer courses for local credit without obtaining State Board of
  Education approval if:
               (1)  the district develops a program under which the
  district partners with a public or private institution of higher
  education and local business and community leaders to develop and
  provide the courses; and
               (2)  the courses prepare students to enter:
                     (A)  a career or technology training program in
  the district's region of the state; or
                     (B)  an institution of higher education without
  remediation.
         (b)  This section applies beginning with the 2014-2015
  school year.
         SECTION 3.  (a) Sections 28.014(a), (c), 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) or an end-of-course
  assessment instrument adopted under Section 39.023(c-2); 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 State Board of Education rules, administer the
  end-of-course assessment instrument to a student enrolled in a
  course developed under this section. A [Each] school district may
  [shall] adopt a policy that requires a student's performance on the
  end-of-course assessment instrument to be considered in
  determining [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.]
         (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.  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.
         (b)  This section applies beginning with the 2013-2014
  school year.
         SECTION 4.  (a) Section 28.014(b), Education Code, is
  amended to read as follows:
         (b)  A student who successfully completes a course developed
  under this section may use the credit earned in the course toward
  satisfying the applicable mathematics or science curriculum
  requirement for the foundation [recommended or advanced] high
  school program under Section 28.025.
         (b)  This section applies beginning with the 2014-2015
  school year.
         SECTION 5.  (a) Section 28.025, Education Code, is amended
  by amending Subsections (a), (b), (b-1), (b-2), (b-3), (b-4),
  (b-5), (b-7), (b-9), (b-10), (b-11), and (e) and adding Subsections
  (b-12), (c-1), (c-2), (e-1), (h), and (h-1) to read as follows:
         (a)  The State Board of Education by rule shall determine
  curriculum requirements for the foundation [minimum, recommended,
  and advanced] high school program [programs] that are consistent
  with the required curriculum under Section 28.002. The [Subject to
  Subsection (b-1), the] State Board of Education shall designate the
  specific courses in the foundation curriculum under Section
  28.002(a)(1) required under [for a student participating in] the
  foundation [minimum, recommended, or advanced] high school
  program.  Except as provided by Subsection (b-1), the State Board of
  Education may not designate a specific course or a specific number
  of credits in the enrichment curriculum as requirements for the
  [recommended] program.
         (b)  A school district shall ensure that each student enrolls
  in the courses necessary to complete the curriculum requirements
  identified by the State Board of Education under Subsection (a) for
  the foundation [recommended or advanced] high school program
  [unless the student, the student's parent or other person standing
  in parental relation to the student, and a school counselor or
  school administrator agree in writing signed by each party that the
  student should be permitted to take courses under the minimum high
  school program and the student:
               [(1)  is at least 16 years of age;
               [(2)     has completed two credits required for graduation
  in each subject of the foundation curriculum under Section
  28.002(a)(1); or
               [(3)     has failed to be promoted to the tenth grade one
  or more times as determined by the school district].
         (b-1)  The State Board of Education by rule shall require
  that [:
               [(1)  except as provided by Subsection (b-2),] the
  curriculum requirements for the foundation [recommended and
  advanced] high school program [programs] under Subsection (a)
  include a requirement that students successfully complete:
               (1) [(A)]  four credits in English language arts [each
  subject of the foundation curriculum] under Section
  28.002(a)(1)(A), including one credit in English I, one credit in
  English II, one credit in English III, and one credit in an advanced
  English course authorized under Subsection (b-2);
               (2)  three credits in mathematics under Section
  28.002(a)(1)(B), including one credit in Algebra I, one credit in
  geometry, and one credit in any advanced mathematics course
  authorized under Subsection (b-2);
               (3)  two credits in science under Section
  28.002(a)(1)(C), including one credit in biology and one credit in
  integrated physics and chemistry or any advanced science course
  authorized under Subsection (b-2);
               (4)  three credits in social studies under Section
  28.002(a)(1)(D) [28.002(a)(1)], including one credit in world
  geography, one credit in United States history, and at least
  one-half credit in government and at least one-half credit in
  economics [to meet the social studies requirement];
               (5)  except as provided under Subsection (b-12) 
  [(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]
               (6)  eight [(C)     for the recommended high school
  program, six] elective credits [and, for the advanced high school
  program, five elective credits];
               (7) [(2)     one or more credits offered in the required
  curriculum for the recommended and advanced high school programs
  include a research writing component; and
               [(3)     the curriculum requirements for the minimum,
  recommended, and advanced high school programs under Subsection (a)
  include a requirement that students successfully complete:
                     [(A)]  one credit in fine arts under Section
  28.002(a)(2)(D); and
               (8) [(B)]  except as provided by Subsection (b-11), one
  credit in physical education under Section 28.002(a)(2)(C).
         (b-2)  In adopting rules under Subsection (b-1), the State
  Board of Education shall provide for [allow] a student to comply
  with the curriculum requirements for an advanced English course
  under Subsection (b-1)(1) taken after successful completion of
  English I, English II, and English III, for an advanced [a]
  mathematics course under Subsection (b-1)(2) [(b-1)(1)] taken
  after the successful completion of Algebra I and geometry, and for
  an advanced [either after the successful completion of or
  concurrently with Algebra II or a] science course under Subsection
  (b-1)(3) [(b-1)(1) taken after the successful completion of biology
  and chemistry and either after the successful completion of or
  concurrently with physics] by successfully completing a course in
  the appropriate content area that has been approved as an advanced
  course by board rule or that is offered as an advanced course for
  local credit without board approval as provided by Section
  28.002(f) [career and technical course designated by the State
  Board of Education as containing substantively similar and rigorous
  academic content.     A student may use the option provided by this
  subsection for not more than two courses].
         (b-3)  In adopting rules for purposes of Subsection (b-2) [to
  provide students with the option described by Subsection
  (b-1)(1)(A)], the State Board of Education must approve a variety
  of advanced English, mathematics, and science courses that may be
  taken [after the completion of Algebra II and physics] to comply
  with the foundation high school [recommended] program
  requirements.
         (b-4)  A school district may offer the curriculum described
  in Subsections (b-1)(1) through (4) [Subsection (b-1)(1)(A)] in an
  applied manner.  Courses delivered in an applied manner must cover
  the essential knowledge and skills, and the student shall be
  administered the applicable end-of-course assessment instrument as
  provided by Sections 39.023(c) and 39.025.
         (b-5)  A school district may offer a mathematics or science
  course to be taken by a student after completion of Algebra II and
  physics [to comply with the recommended program requirements in
  Subsection (b-1)(1)(A)].  A course approved under this subsection
  must be endorsed by an institution of higher education as a course
  for which the institution would award course credit or as a
  prerequisite for a course for which the institution would award
  course credit.
         (b-7)  The State Board of Education, in coordination with the
  Texas Higher Education Coordinating Board, shall adopt rules to
  ensure that a student may comply with the curriculum requirements
  under the foundation [minimum, recommended, or advanced] high
  school program for each subject of the foundation curriculum under
  Section 28.002(a)(1) and for languages other than English under
  Section 28.002(a)(2)(A) by successfully completing appropriate
  courses in the core curriculum of an institution of higher
  education under Section 61.822.
         (b-9)  The agency shall establish a pilot program allowing a
  student attending school in a county with a population of more than
  one million and in which more than 75 percent of the population
  resides in a single municipality to satisfy the fine arts credit
  required under Subsection (b-1)(7) [(b-1)(3)(A)] by participating
  in a fine arts program not provided by the school district in which
  the student is enrolled.  The fine arts program may be provided on
  or off a school campus and outside the regular school day. [Not
  later than December 1, 2010, the agency shall provide to the
  legislature a report regarding the pilot program, including the
  feasibility of expanding the pilot program statewide.]
         (b-10)  A school district, with the approval of the
  commissioner, may allow a student to comply with the curriculum
  requirements for the physical education credit required under
  Subsection (b-1)(8) [(b-1)(3)(B)] by participating in a private or
  commercially sponsored physical activity program provided on or off
  a school campus and outside the regular school day.
         (b-11)  In adopting rules under Subsection (b-1), the State
  Board of Education shall allow a student who is unable to
  participate in physical activity due to disability or illness to
  substitute one credit in English language arts, mathematics,
  science, or social studies or one academic elective credit for the
  physical education credit required under Subsection (b-1)(8) 
  [(b-1)(3)(B)].  A credit allowed to be substituted under this
  subsection may not also be used by the student to satisfy a
  graduation requirement other than completion of the physical
  education credit.  The rules must provide that the determination
  regarding a student's ability to participate in physical activity
  will be made by:
               (1)  if the student receives special education services
  under Subchapter A, Chapter 29, the student's admission, review,
  and dismissal committee;
               (2)  if the student does not receive special education
  services under Subchapter A, Chapter 29, but is covered by Section
  504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), the
  committee established for the student under that Act; or
               (3)  if each of the committees described by
  Subdivisions (1) and (2) is inapplicable, a committee established
  by the school district of persons with appropriate knowledge
  regarding the student.
         (b-12)  In adopting rules under Subsection (b-1), the State
  Board of Education shall adopt criteria to allow a student to comply
  with the curriculum requirements for the two credits in a language
  other than English required under Subsection (b-1)(5) by
  substituting two credits in American Sign Language or two credits
  in computer programming languages.
         (c-1)  A student may earn an endorsement on the student's
  diploma and transcript by successfully completing curriculum
  requirements for that endorsement adopted by the State Board of
  Education by rule. An endorsement under this subsection may be
  earned in any of the following categories:
               (1)  science, technology, engineering, and mathematics
  (STEM), which includes courses directly related to science,
  including environmental science, technology, engineering, and
  advanced mathematics;
               (2)  business and industry, which includes courses
  directly related to database management, information technology,
  communications, accounting, finance, marketing, graphic design,
  architecture, construction, welding, logistics, automotive
  technology, and heating, ventilation, and air conditioning;
               (3)  public services, which includes courses directly
  related to health sciences and occupations, education and training,
  law enforcement, culinary arts and hospitality, and agricultural
  science; and
               (4)  arts and humanities, which includes courses
  directly related to political science, world languages, cultural
  studies, English literature, history, and fine arts.
         (c-2)  A student may earn a distinguished performance
  acknowledgment on the student's diploma and transcript by
  satisfying the requirements for that acknowledgment adopted by the
  State Board of Education by rule. An acknowledgment under this
  subsection may be earned:
               (1)  for outstanding performance:
                     (A)  in a dual credit course;
                     (B)  on a college advanced placement test or
  international baccalaureate examination; or
                     (C)  on a Preliminary Scholastic Assessment Test
  (PSAT), a preliminary American College Test (ACT), the Scholastic
  Assessment Test (SAT), or the American College Test (ACT); or
               (2)  for earning a nationally or internationally
  recognized business or industry certification or license.
         (e)  Each school district shall report the academic
  achievement record of students who have completed the foundation [a
  minimum, recommended, or advanced] high school program on
  transcript forms adopted by the State Board of Education. The
  transcript forms adopted by the board must be designed to clearly
  [differentiate between each of the high school programs and]
  identify whether a student received a diploma or a certificate of
  coursework completion.
         (e-1)  A school district shall clearly indicate an
  endorsement described by Subsection (c-1) and a distinguished
  performance acknowledgment described by Subsection (c-2) on the
  diploma and transcript of a student who satisfies the applicable
  requirements. The State Board of Education shall adopt rules as
  necessary to administer this subsection.
         (h)  The commissioner by rule shall adopt a transition plan
  to implement and administer the amendments made by __. B. No. __,
  83rd Legislature, Regular Session, 2013, replacing the minimum,
  recommended, and advanced high school programs with the foundation
  high school program beginning with the 2014-2015 school year.
  Under the transition plan, a student who entered the ninth grade
  before the 2014-2015 school year must be permitted to complete the
  curriculum requirements required for high school graduation under:
               (1)  the foundation high school program, if the student
  chooses during the 2014-2015 school year to take courses under this
  program;
               (2)  the minimum high school program, as that program
  existed before the adoption of __.B. No. __, 83rd Legislature,
  Regular Session, 2013, if the student was participating in that
  program before the 2014-2015 school year;
               (3)  the recommended high school program, as that
  program existed before the adoption of __.B. No. __, 83rd
  Legislature, Regular Session, 2013, if the student was
  participating in that program before the 2014-2015 school year; or
               (4)  the advanced high school program, as that program
  existed before the adoption of __.B. No. __, 83rd Legislature,
  Regular Session, 2013, if the student was participating in that
  program before the 2014-2015 school year.
         (h-1)  This subsection and Subsection (h) expire September
  1, 2018.
         (b)  This section applies beginning with the 2014-2015
  school year.
         SECTION 6.  (a) Section 28.0253(e), Education Code, is
  amended to read as follows:
         (e)  A student who receives a high school diploma through the
  pilot program is considered to have completed the foundation 
  [recommended] high school program adopted under Section 28.025 
  [28.025(a)].  The student is not guaranteed admission to any
  institution of higher education or to any academic program at an
  institution of higher education solely on the basis of having
  received the diploma through the program.
         (b)  This section applies beginning with the 2014-2015
  school year.
         SECTION 7.  (a)  Section 28.027(b), Education Code, is
  amended to read as follows:
         (b)  The State Board of Education shall establish a process
  under which an applied STEM course may be reviewed and approved for
  purposes of satisfying the mathematics and science curriculum
  requirements for the foundation [recommended] high school program
  [imposed] under Section 28.025 [28.025(b-1)(1)(A)] through
  substitution of the applied STEM course for a specific mathematics
  or science course otherwise authorized [required] under the
  foundation [recommended] high school program [and completed during
  the student's fourth year of mathematics or science course work].  
  The State Board of Education may only approve a course to substitute
  for a mathematics course taken after successful completion of
  Algebra I and geometry and after successful completion of or
  concurrently with Algebra II.  The State Board of Education may only
  approve a course to substitute for a science course taken after
  successful completion of biology [and chemistry and after
  successful completion of or concurrently with physics].
         (b)  This section applies beginning with the 2014-2015
  school year.
         SECTION 8.  (a) Section 29.0821(a), Education Code, is
  amended to read as follows:
         (a)  A school district may provide a flexible year program
  for students who did not or are likely not to perform successfully
  on an assessment instrument administered under Section 39.023(a),
  (c), or (l) [39.023] or who would not otherwise be promoted to the
  next grade level.
         (b)  This section applies beginning with the 2013-2014
  school year.
         SECTION 9.  (a) Section 29.096(e), Education Code, is
  amended to read as follows:
         (e)  The commissioner shall establish minimum standards for
  a local collaborative agreement, including a requirement that the
  agreement must be signed by an authorized school district or
  open-enrollment charter school officer and an authorized
  representative of each of the other participating entities that is
  a partner in the collaboration. The program must:
               (1)  limit participation in the program to students
  authorized to participate by a parent or other person standing in
  parental relationship;
               (2)  have as a primary goal graduation from high school
  [under at least the recommended high school program];
               (3)  provide for local businesses or other employers to
  offer paid employment or internship opportunities and advanced
  career and vocational training;
               (4)  include an outreach component and a lead
  educational staff member to identify and involve eligible students
  and public and private entities in participating in the program;
               (5)  serve a population of students of which at least 50
  percent are identified as students at risk of dropping out of
  school, as described by Section 29.081(d);
               (6)  allocate not more than 15 percent of grant funds
  and matching funds, as determined by the commissioner, to
  administrative expenses;
               (7)  include matching funds from any of the
  participating entities; and
               (8)  include any other requirements as determined by
  the council.
         (b)  This section applies beginning with the 2014-2015
  school year.
         SECTION 10.  (a)  Section 29.402(b), Education Code, is
  amended to read as follows:
         (b)  A person who is under 26 years of age is eligible to
  enroll in a dropout recovery program under this subchapter if the
  person:
               (1)  must complete not more than three course credits
  to complete the curriculum requirements for the foundation 
  [minimum, recommended, or advanced] high school program[, as
  appropriate,] for high school graduation; or
               (2)  has failed to perform satisfactorily on an
  end-of-course assessment instrument administered under Section
  39.023(c) or an assessment instrument administered under Section
  39.023(c) as that section existed before amendment by Chapter 1312
  (S.B. 1031), Acts of the 80th Legislature, Regular Session, 2007.
         (b)  This section applies beginning with the 2014-2015
  school year.
         SECTION 11.  (a)  Section 29.904(d), Education Code, is
  amended to read as follows:
         (d)  A plan developed under this section:
               (1)  must establish clear, achievable goals for
  increasing the percentage of the school district's graduating
  seniors, particularly the graduating seniors attending a high
  school described by Subsection (a), who enroll in an institution of
  higher education for the academic year following graduation;
               (2)  must establish an accurate method of measuring
  progress toward the goals established under Subdivision (1) that
  may include the percentage of district high school students and the
  percentage of students attending a district high school described
  by Subsection (a) who:
                     (A)  are enrolled in a course for which a student
  may earn college credit, such as an advanced placement or
  international baccalaureate course or a course offered through
  concurrent enrollment in high school and at an institution of
  higher education;
                     (B)  are enrolled in courses that meet the
  curriculum requirements for the foundation [recommended or
  advanced] high school program as determined under Section 28.025;
                     (C)  have submitted a free application for federal
  student aid (FAFSA);
                     (D)  are exempt under Section 51.3062(p) or (q)
  from administration of an assessment instrument under Section
  51.3062 or have performed successfully on an assessment instrument
  under Section 51.3062;
                     (E)  graduate from high school;
                     (F)  graduate from an institution of higher
  education; and
                     (G)  have taken college entrance examinations and
  the average score of those students on the examinations;
               (3)  must cover a period of at least five years; and
               (4)  may be directed at district students at any level
  of primary or secondary education.
         (b)  This section applies beginning with the 2014-2015
  school year.
         SECTION 12.  (a) Section 30A.110(b), Education Code, is
  amended to read as follows:
         (b)  Each student enrolled under this chapter in an
  electronic course offered through the state virtual school network
  must take any assessment instrument under Section 39.023(a), (b),
  (c), or (l) [39.023] that is administered to students who are
  provided instruction in the course material in the traditional
  classroom setting.  The administration of the assessment
  instrument to the student enrolled in the electronic course must be
  supervised by a proctor.
         (b)  This section applies beginning with the 2013-2014
  school year.
         SECTION 13.  (a)  Section 33.007(b), Education Code, is
  amended to read as follows:
         (b)  During the first school year a student is enrolled in a
  high school or at the high school level in an open-enrollment
  charter school, and again during a student's senior year, a
  counselor shall provide information about higher education to the
  student and the student's parent or guardian.  The information must
  include information regarding:
               (1)  the importance of higher education;
               (2)  [the advantages of completing the recommended or
  advanced high school program adopted under Section 28.025(a);
               [(3)]  the disadvantages of taking courses to prepare
  for a high school equivalency examination relative to the benefits
  of taking courses leading to a high school diploma;
               (3) [(4)]  financial aid eligibility;
               (4) [(5)]  instruction on how to apply for federal
  financial aid;
               (5) [(6)]  the center for financial aid information
  established under Section 61.0776;
               (6) [(7)]  the automatic admission of certain students
  to general academic teaching institutions as provided by Section
  51.803;
               (7) [(8)]  the eligibility and academic performance
  requirements for the TEXAS Grant as provided by Subchapter M,
  Chapter 56; and
               (8) [(9)]  the availability of programs in the district
  under which a student may earn college credit, including advanced
  placement programs, dual credit programs, joint high school and
  college credit programs, and international baccalaureate programs.
         (b)  This section applies beginning with the 2014-2015
  school year.
         SECTION 14.  (a) Section 33.0812(a), Education Code, is
  amended to read as follows:
         (a)  The State Board of Education by rule shall prohibit
  participation in a University Interscholastic League area,
  regional, or state competition:
               (1)  on Monday through Thursday of the school week in
  which the primary administration of assessment instruments under
  Section 39.023(a), (c), (c-2), or (l) occurs; or
               (2)  if the primary administration of the assessment
  instruments is completed before Thursday of the school week,
  beginning on Monday and ending on the last school day on which the
  assessment instruments are administered.
         (b)  This section applies beginning with the 2013-2014
  school year.
         SECTION 15.  (a) Sections 39.023(c), (c-2), and (c-3),
  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 instrument [instruments] must be administered with the
  aid of technology.  A school district shall comply with State Board
  of Education rules regarding administration of the assessment
  instruments listed in this subsection and may [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 be considered in determining
  [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 State Board of Education shall administer the assessment
  instruments.  The State Board of Education shall adopt a schedule
  for the administration of end-of-course assessment instruments
  specified in this subsection and Subsection (c-2) that complies
  with the requirements of Subsection (c-3).
         (c-2)  The agency shall also adopt end-of-course assessment
  instruments for secondary-level courses in Algebra II and English
  III, which shall be administered to a student at the student's
  option. The Algebra II end-of-course assessment instrument must be
  administered with the aid of technology.  A school district shall
  comply with State Board of Education rules regarding administration
  of the Algebra II and English III end-of-course assessment
  instruments. [The agency may adopt end-of-course assessment
  instruments for courses not listed in Subsection (c).]  A student's
  performance on an end-of-course assessment instrument adopted
  under this subsection is not subject to the performance
  requirements established under Subsection (c) or Section 39.025.
         (c-3)  In adopting a schedule for the administration of
  assessment instruments under this section, the State Board of
  Education [shall require]:
               (1)  shall require 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)  shall require the spring administration of
  end-of-course assessment instruments under Subsection (c) or the
  end-of-course assessment instrument in Algebra II under Subsection
  (c-2) 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; and
               (3)  shall permit the spring administration of the
  end-of-course assessment instruments in English III under
  Subsection (c-2) to occur earlier than the first full week in May.
         (b)  This section applies beginning with the 2013-2014
  school year.
         SECTION 16.  (a) Sections 39.0233(a) and (b), 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 Sections [Section] 39.023(c) and (c-2) 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 39.113 and
  51.3062.
         (b)  In addition to the questions adopted under Subsection
  (a), the agency shall adopt a series of questions to be included in
  an end-of-course assessment instrument administered under Sections
  [Section] 39.023(c) and (c-2) to be used for purposes of
  identifying students who are likely to succeed in an advanced high
  school course. A school district shall notify a student who
  performs at a high level on the questions adopted under this
  subsection and the student's parent or guardian of the student's
  performance and potential to succeed in an advanced high school
  course. A school district may not require a student to perform at a
  particular level on the questions adopted under this subsection in
  order to be eligible to enroll in an advanced high school course.
         (b)  This section applies beginning with the 2013-2014
  school year.
         SECTION 17.  (a) Section 39.024(b), Education Code, is
  amended to read as follows:
         (b)  The agency and the Texas Higher Education Coordinating
  Board shall ensure that the Algebra II and English III
  end-of-course assessment instruments adopted [required] under
  Section 39.023(c-2) [39.023(c)] are developed to be capable of,
  beginning with the 2011-2012 school year, measuring college
  readiness.
         (b)  This section applies beginning with the 2013-2014
  school year.
         SECTION 18.  (a) Section 39.0241(a-2), Education Code, is
  amended to read as follows:
         (a-2)  For the purpose of establishing performance across
  grade levels, the commissioner shall establish:
               (1)  the performance standards for the Algebra II and
  English III end-of-course assessment instruments, as provided
  under Section 39.024(b) and under Subsection (a);
               (2)  the performance standards for the Algebra I and
  English II end-of-course assessment instruments, as determined
  based on studies under Section 39.0242 that correlate student
  performance on the Algebra I and English II end-of-course
  assessment instruments with student performance on the Algebra II
  and English III assessment instruments;
               (3)  [the performance standards for the English I
  end-of-course assessment instrument, as determined based on
  studies under Section 39.0242 that correlate student performance on
  the English I end-of-course assessment instrument with student
  performance on the English II assessment instrument;
               [(4)] the performance standards for the grade eight
  assessment instruments, as determined based on studies under
  Section 39.0242 that correlate student performance on the grade
  eight assessment instruments with student performance on the
  Algebra I and English II [I] end-of-course assessment instruments
  in the same content area; and
               (4) [(5)] the performance standards on the assessment
  instruments in each of grades three through seven, as determined
  based on studies under Section 39.0242 that correlate student
  performance in the same content area on the assessment instrument
  for each grade with student performance on the assessment
  instrument in the succeeding grade.
         (b)  This section applies beginning with the 2013-2014
  school year.
         SECTION 19.  (a) Section 39.0242(b), Education Code, is
  amended to read as follows:
         (b)  Before the beginning of the 2011-2012 school year, the
  agency shall analyze the data collected under Subsection (a) to
  substantiate:
               (1)  the correlation between satisfactory student
  performance for each performance standard under Section 39.0241 on
  the grade three, four, five, six, or seven assessment instruments
  with satisfactory performance under the same performance standard
  on the assessment instruments in the same content area for the next
  grade level;
               (2)  the correlation between satisfactory student
  performance for each performance standard under Section 39.0241 on
  the grade eight assessment instruments with satisfactory
  performance under the same performance standard on the Algebra I
  and English II [I] end-of-course assessment instruments in the same
  content area;
               (3)  [the correlation between satisfactory student
  performance for each performance standard under Section 39.0241 on
  the English I end-of-course assessment instrument with
  satisfactory performance under the same performance standard on the
  English II end-of-course assessment instrument;
               [(4)]  the correlation between satisfactory student
  performance for each performance standard under Section 39.0241 on
  the English II end-of-course assessment instrument with
  satisfactory performance under the same performance standard on the
  English III end-of-course assessment instrument; and
               (4) [(5)]  the correlation between satisfactory
  student performance for each performance standard under Section
  39.0241 on the Algebra I end-of-course assessment instrument with
  satisfactory performance under the same performance standard on the
  Algebra II end-of-course assessment instrument.
         (b)  This section applies beginning with the 2013-2014
  school year.
         SECTION 20.  (a)  Section 39.025, Education Code, is amended
  by amending Subsections (a), (a-1), (b), and (b-2) and adding
  Subsection (a-4) to read as follows:
         (a)  The commissioner shall adopt rules requiring a student
  participating in the recommended or advanced high school program to
  be administered each end-of-course assessment instrument listed in
  Section 39.023(c) and requiring a student participating in the
  minimum high school program to be administered an end-of-course
  assessment instrument listed in Section 39.023(c) only for a course
  in which the student is enrolled and for which an end-of-course
  assessment instrument is administered. A student is required to
  achieve[, in each subject in the foundation curriculum under
  Section 28.002(a)(1), a cumulative score that is at least equal to
  the product of the number of end-of-course assessment instruments
  administered to the student in that subject and] a scale score that
  indicates satisfactory performance, as determined by the
  commissioner under Section 39.0241(a), on each end-of-course
  assessment instrument listed under Section 39.023(c) that is
  administered to the student as provided by this subsection. For
  each scale score required under this subsection that is not based on
  a 100-point scale scoring system, the commissioner shall provide
  for conversion, in accordance with commissioner rule, of the scale
  score to an equivalent score based on a 100-point scale scoring
  system.  [A student must achieve a minimum score as determined by
  the commissioner to be within a reasonable range of the scale score
  under Section 39.0241(a) on an end-of-course assessment instrument
  for the score to count towards the student's cumulative score.     For
  purposes of this subsection, a student's cumulative score is
  determined using the student's highest score on each end-of-course
  assessment instrument administered to the student.]  A student may
  not receive a high school diploma until the student has performed
  satisfactorily on [the] end-of-course assessment instruments in
  the manner provided under this subsection.  This subsection does
  not require a student to demonstrate readiness to enroll in an
  institution of higher education.
         (a-1)  The commissioner by rule shall determine a method by
  which a student's satisfactory performance on an advanced placement
  test, international baccalaureate examination, an SAT Subject
  Test, or another assessment instrument determined by the
  commissioner to be at least as rigorous as an end-of-course
  assessment instrument adopted under Section 39.023(c) may be used
  as a factor in determining whether the student satisfies the
  requirements of Subsection (a)[, including the cumulative score
  requirement of that subsection].  The commissioner by rule may
  determine a method by which a student's satisfactory performance on
  a Preliminary Scholastic Assessment Test (PSAT) [assessment] or a
  preliminary American College Test (ACT) [assessment] may be used as
  a factor in determining whether the student satisfies the
  requirements of Subsection (a).
         (a-4)  The admission, review, and dismissal committee of a
  student in a special education program under Subchapter A, Chapter
  29, shall determine whether, to receive a high school diploma, the
  student is required to achieve satisfactory performance on
  end-of-course assessment instruments.
         (b)  Each time an end-of-course assessment instrument
  adopted under Section 39.023(c) is administered, a student who
  failed to achieve a minimum score under Subsection (a) may [shall]
  retake the assessment instrument.  A student who fails to perform
  satisfactorily on an Algebra II or English III end-of-course
  assessment instrument under the college readiness performance
  standard, as provided under Section 39.024(b), may retake the
  assessment instrument. [Any other student may retake an
  end-of-course assessment instrument for any reason.]  A student is
  not required to retake a course as a condition of retaking an
  end-of-course assessment instrument.
         (b-2)  If a school district determines that a student, on
  completion of grade 11, is unlikely to achieve the [cumulative]
  score requirement under this section [requirements] for one or more
  end-of-course assessment instruments [subjects] prescribed under 
  [by] Subsection (a) for receiving a high school diploma, the
  district shall require the student to enroll in a corresponding
  content-area college preparatory course for which an end-of-course
  assessment instrument has been adopted, if available.  A student
  who enrolls in a college preparatory course described by this
  subsection shall be administered an end-of-course assessment
  instrument for the course, with the end-of-course assessment
  instrument scored on a scale as determined by the commissioner [not
  to exceed 20 percent of the cumulative score requirements required
  to graduate as determined under Subsection (a)].  A student may use
  the student's score on the end-of-course assessment instrument for
  the college preparatory course towards satisfying the [cumulative]
  score requirement under this section [requirements prescribed by
  Subsection (a)].
         (b)  This section applies beginning with the 2013-2014
  school year.
         SECTION 21.  (a) Effective September 1, 2014, Section
  39.025(a), Education Code, is amended to read as follows:
         (a)  The commissioner shall adopt rules requiring a student
  [participating] in the foundation [recommended or advanced] high
  school program under Section 28.025 to be administered each
  end-of-course assessment instrument listed in Section 39.023(c)
  [and requiring a student participating in the minimum high school
  program to be administered an end-of-course assessment instrument
  listed in Section 39.023(c) only for a course in which the student
  is enrolled and for which an end-of-course assessment instrument is
  administered]. A student is required to achieve[, in each subject
  in the foundation curriculum under Section 28.002(a)(1), a
  cumulative score that is at least equal to the product of the number
  of end-of-course assessment instruments administered to the
  student in that subject and] a scale score that indicates
  satisfactory performance, as determined by the commissioner under
  Section 39.0241(a), on each end-of-course assessment instrument
  listed under Section 39.023(c). For each scale score required
  under this subsection that is not based on a 100-point scale scoring
  system, the commissioner shall provide for conversion, in
  accordance with commissioner rule, of the scale score to an
  equivalent score based on a 100-point scale scoring system.  [A
  student must achieve a minimum score as determined by the
  commissioner to be within a reasonable range of the scale score
  under Section 39.0241(a) on an end-of-course assessment instrument
  for the score to count towards the student's cumulative score.     For
  purposes of this subsection, a student's cumulative score is
  determined using the student's highest score on each end-of-course
  assessment instrument administered to the student.]  A student may
  not receive a high school diploma until the student has performed
  satisfactorily on [the] end-of-course assessment instruments in
  the manner provided under this subsection.  This subsection does
  not require a student to demonstrate readiness to enroll in an
  institution of higher education.
         (b)  This section applies beginning with the 2014-2015
  school year.
         SECTION 22.  (a) Sections 39.034(a) and (c), Education
  Code, are amended to read as follows:
         (a)  The commissioner shall determine a method by which the
  agency may measure annual improvement in student achievement from
  one school year to the next on an assessment instrument required
  under this subchapter or on an end-of-course assessment instrument
  adopted under Section 39.023(c-2).
         (c)  The agency shall use a student's previous years'
  performance data on an assessment instrument described by
  Subsection (a) [required under this subchapter] to determine the
  student's expected annual improvement.  The agency shall report
  that expected level of annual improvement and the actual level of
  annual improvement achieved to the district.  The report must state
  whether the student fell below, met, or exceeded the agency's
  expectation for improvement.
         (b)  This section takes effect beginning with the 2013-2014
  school year.
         SECTION 23.  (a) Section 39.035(a), Education Code, is
  amended to read as follows:
         (a)  Subject to Subsection (b), the agency may conduct field
  testing of questions for any assessment instrument administered
  under Section 39.023(a), (b), (c), (c-2), (d), or (l) that is
  separate from the administration of the assessment instrument not
  more frequently than every other school year.
         (b)  This section applies beginning with the 2013-2014
  school year.
         SECTION 24.  (a) Section 39.053(c), Education Code, is
  amended to read as follows:
         (c)  Indicators of student achievement adopted under this
  section may include any indicator the commissioner determines
  reflects the quality of learning and student achievement and must
  include:
               (1)  the results of assessment instruments required
  under Sections 39.023(a), (c), and (l), including the results of
  assessment instruments required for graduation retaken by a
  student, aggregated across grade levels by subject area, including:
                     (A)  for the performance standard determined by
  the commissioner under Section 39.0241(a):
                           (i)  the percentage of students who
  performed satisfactorily on the assessment instruments, aggregated
  across grade levels by subject area; and
                           (ii)  for students who did not perform
  satisfactorily, the percentage of students who met the standard for
  annual improvement, as determined by the agency under Section
  39.034, on the assessment instruments, aggregated across grade
  levels by subject area; and
                     (B)  for the college readiness performance
  standard as determined under Section 39.0241:
                           (i)  the percentage of students who
  performed satisfactorily on the assessment instruments, aggregated
  across grade levels by subject area; and
                           (ii)  for students who did not perform
  satisfactorily, the percentage of students who met the standard for
  annual improvement, as determined by the agency under Section
  39.034, on the assessment instruments, aggregated across grade
  levels by subject area;
               (2)  dropout rates, including dropout rates and
  district completion rates for grade levels 9 through 12, computed
  in accordance with standards and definitions adopted by the
  National Center for Education Statistics of the United States
  Department of Education; and
               (3)  high school graduation rates, computed in
  accordance with standards and definitions adopted in compliance
  with the No Child Left Behind Act of 2001 (20 U.S.C. Section 6301 et
  seq.).
         (b)  This section applies beginning with the 2013-2014
  school year.
         SECTION 25.  (a) Section 39.053(f), Education Code, is
  amended to read as follows:
         (f)  Annually, the commissioner shall define the state
  standard for the current school year for each student achievement
  indicator described by Subsection (c) and shall project the state
  standards for each indicator for the following two school years.
  The commissioner shall periodically raise the state standards for
  the student achievement indicator described by Subsection
  (c)(1)(B)(i) for accreditation as necessary to reach the goals of
  achieving, by not later than the 2019-2020 school year:
               (1)  student performance in this state, disaggregated
  by race, ethnicity, and socioeconomic status, that ranks nationally
  in the top 10 states in terms of college readiness; and
               (2)  student performance, [including the percentage of
  students graduating under the recommended or advanced high school
  program,] with no significant achievement gaps by race, ethnicity,
  and socioeconomic status.
         (b)  This section applies beginning with the 2014-2015
  school year.
         SECTION 26.  (a) Sections 39.054(a) and (b), Education Code,
  are amended to read as follows:
         (a)  The commissioner shall adopt rules to evaluate school
  district and campus performance and[, not later than August 8 of
  each year,] assign each district and campus a performance rating of
  A, B, C, D, or F. In adopting rules under this subsection, the
  commissioner shall determine the criteria for each designated
  letter performance rating and designate whether the letter
  performance rating [that] reflects acceptable performance or
  unacceptable performance. Not later than August 8 of each year, the
  performance rating of each district and campus shall be made
  publicly available as provided by rules adopted under this
  subsection. If a district or campus received a performance rating
  of unacceptable performance for the preceding school year, the
  commissioner shall notify the district of a subsequent such
  designation on or before June 15.
         (b)  In evaluating performance, the commissioner shall
  evaluate against state standards and consider the performance of
  each campus in a school district and each open-enrollment charter
  school on the basis of the campus's or school's performance on the
  student achievement indicators adopted under Section 39.053, other
  than, to the greatest extent possible, the student achievement
  indicator adopted under Section 39.053(c)(1) [39.053(c)].
         (b)  This section applies beginning with the 2013-2014
  school year.
         SECTION 27.  (a) Subchapter C, Chapter 39, Education Code,
  is amended by adding Section 39.0545 to read as follows:
         Sec. 39.0545.  SCHOOL DISTRICT EVALUATION OF CAMPUS
  PERFORMANCE IN COMMUNITY AND STUDENT ENGAGEMENT. (a) Each school
  district shall evaluate the performance of each campus in the
  district in community and student engagement as provided by this
  section and assign each campus a performance rating of A, B, C, D,
  or F. Not later than August 8 of each year, the district shall make
  the performance rating publicly available as provided by
  commissioner rule.
         (b)  For purposes of assigning the performance rating under
  Subsection (a), a school district must evaluate the following
  programs or specific categories of performance at each campus:
               (1)  fine arts;
               (2)  wellness and physical education;
               (3)  community and parental involvement;
               (4)  the 21st Century Workforce Development program;
  and
               (5)  the second language acquisition program.
         (c)  A school district shall use criteria developed by the
  commissioner as described by Subsection (d)(1) in conjunction with
  criteria developed by a local committee established as provided by
  Subsection (d)(2) to evaluate the performance of a campus under
  this section.
         (d)  The commissioner shall:
               (1)  in accordance with commissioner rule, establish a
  separate committee that includes members as described by Sections
  39.204(c) and (d) to develop criteria for each program or category
  of performance under Subsection (b) in the manner provided for
  developing criteria for a distinction designation under Section
  39.204(e); and
               (2)  by commissioner rule, prescribe requirements for
  school districts to use to establish a local committee to develop
  district criteria.
         (b)  This section applies beginning with the 2013-2014
  school year.
         SECTION 28.  (a) Section 39.057(a), Education Code, is
  amended to read as follows:
         (a)  The commissioner shall authorize special accreditation
  investigations to be conducted:
               (1)  when excessive numbers of absences of students
  eligible to be tested on state assessment instruments are
  determined;
               (2)  when excessive numbers of allowable exemptions
  from the required state assessment instruments are determined;
               (3)  in response to complaints submitted to the agency
  with respect to alleged violations of civil rights or other
  requirements imposed on the state by federal law or court order;
               (4)  in response to established compliance reviews of
  the district's financial accounting practices and state and federal
  program requirements;
               (5)  when extraordinary numbers of student placements
  in disciplinary alternative education programs, other than
  placements under Sections 37.006 and 37.007, are determined;
               (6)  in response to an allegation involving a conflict
  between members of the board of trustees or between the board and
  the district administration if it appears that the conflict
  involves a violation of a role or duty of the board members or the
  administration clearly defined by this code;
               (7)  when excessive numbers of students in special
  education programs under Subchapter A, Chapter 29, are assessed
  through assessment instruments developed or adopted under Section
  39.023(b);
               (8)  in response to an allegation regarding or an
  analysis using a statistical method result indicating a possible
  violation of an assessment instrument security procedure
  established under Section 39.0301, including for the purpose of
  investigating or auditing a school district under that section;
               (9)  when a significant pattern of decreased academic
  performance has developed as a result of the promotion in the
  preceding two school years of students who did not perform
  satisfactorily as determined by the commissioner under Section
  39.0241(a) on assessment instruments administered under Section
  39.023(a), (c), or (l);
               (10)  [when excessive numbers of students graduate
  under the minimum high school program;
               [(11)]  when excessive numbers of students eligible to
  enroll fail to complete an advanced mathematics [Algebra II] course
  or any other advanced course determined by the commissioner [as
  distinguishing between students participating in the recommended
  high school program from students participating in the minimum high
  school program];
               (11) [(12)]  when resource allocation practices as
  evaluated under Section 39.0821 indicate a potential for
  significant improvement in resource allocation; or
               (12) [(13)]  as the commissioner otherwise determines
  necessary.
         (b)  This section applies beginning with the 2014-2015
  school year.
         SECTION 29.  (a) Section 39.082, Education Code, is amended
  by adding Subsections (d) and (e) to read as follows:
         (d)  Under the financial accountability rating systems
  developed under this section, each school district or
  open-enrollment charter school, as applicable, shall be assigned a
  financial accountability rating of A, B, C, D, or F. In adopting
  rules under this section, the commissioner, in consultation with
  the comptroller, shall determine the criteria for each designated
  letter performance rating.
         (e)  Not later than August 8 of each year, the financial
  accountability rating of each school district and open-enrollment
  charter school under the financial accountability rating systems
  developed under this section shall be made publicly available as
  provided by rules adopted under this section.
         (b)  This section applies beginning with the 2013-2014
  school year.
         SECTION 30.  (a) Section 39.201(a), Education Code, is
  amended to read as follows:
         (a)  Not later than August 8 of each year, the commissioner
  shall award distinction designations for outstanding performance
  as provided by [under] this subchapter. A distinction designation
  awarded to a district or campus under this subchapter shall be
  referenced directly in connection with the performance rating
  assigned to the district or campus and made publicly available
  together with the performance ratings as provided by rules adopted
  under Section 39.054(a).
         (b)  This section applies beginning with the 2013-2014
  school year.
         SECTION 31.  (a) Section 39.202, Education Code, is amended
  to read as follows:
         Sec. 39.202.  ACADEMIC [EXCELLENCE] DISTINCTION DESIGNATION
  FOR DISTRICTS AND CAMPUSES. The commissioner by rule shall
  establish [a recognized and exemplary rating for awarding districts
  and campuses] an academic distinction designation for districts and
  campuses for outstanding performance in attainment of
  postsecondary readiness [under this subchapter]. The [In
  establishing the recognized and exemplary ratings, the]
  commissioner shall adopt criteria for the designation under this
  section [ratings], including:
               (1)  percentages of students who:
                     (A)  performed satisfactorily, as determined
  under the college readiness performance standard under Section
  39.0241, on assessment instruments required under Section
  39.023(a), (b), (c), or (l) or on end-of-course assessment
  instruments adopted under Section 39.023(c-2), aggregated across
  grade levels by subject area; or
                     (B)  met the standard for annual improvement, as
  determined by the agency under Section 39.034, on assessment
  instruments required under Section 39.023(a), (b), (c), or (l) or
  on end-of-course assessment instruments adopted under Section
  39.023(c-2), aggregated across grade levels by subject area, for
  students who did not perform satisfactorily as described by
  Paragraph (A); and
               (2)  other factors for determining sufficient student
  attainment of postsecondary readiness.
         (b)  This section applies beginning with the 2013-2014
  school year.
         SECTION 32.  (a) Section 39.203, Education Code, is amended
  to read as follows:
         Sec. 39.203.  CAMPUS DISTINCTION DESIGNATIONS. (a) The
  commissioner shall award a campus a distinction designation for
  outstanding performance in  improvement in student achievement if
  the campus is ranked in the top 25 percent of campuses in the state
  in annual improvement in student achievement as determined under
  Section 39.034.
         (b)  In addition to the distinction designation described by
  Subsection (a), the commissioner shall award a campus a distinction
  designation for outstanding performance in closing student
  achievement differentials if the campus demonstrates an ability to
  significantly diminish or eliminate performance differentials
  between student subpopulations and is ranked in the top 25 percent
  of campuses in this state under the performance criteria described
  by this subsection.  The commissioner shall adopt rules related to
  the distinction designation under this subsection to ensure that a
  campus does not artificially diminish or eliminate performance
  differentials through inhibiting the achievement of the highest
  achieving student subpopulation.
         (c)  In addition to the distinction designations described
  by Subsections (a) and (b), a campus that satisfies the criteria
  developed under Section 39.204 shall be awarded a distinction
  designation by the commissioner for outstanding performance in [for
  the following programs or the following specific categories of
  performance:
               [(1)]  academic achievement in English language arts,
  mathematics, science, or social studies[;
               [(2)  fine arts;
               [(3)  physical education;
               [(4)  21st Century Workforce Development program; and
               [(5)  second language acquisition program].
         (d)  In addition to the distinction designations otherwise
  described by this section, the commissioner may award a distinction
  designation for outstanding performance in advanced middle or
  junior high school student achievement to a campus with a
  significant number of students below grade nine who perform
  satisfactorily on an end-of-course assessment instrument
  administered under Section 39.023(c).
         (b)  This section applies beginning with the 2013-2014
  school year.
         SECTION 33.  (a) Section 39.301(c), Education Code, is
  amended to read as follows:
         (c)  Indicators for reporting purposes must include:
               (1)  [the percentage of graduating students who meet
  the course requirements established by State Board of Education
  rule for the minimum high school program, the recommended high
  school program, and the advanced high school program;
               [(2)]  the results of the SAT, ACT, articulated
  postsecondary degree programs described by Section 61.852, and
  certified workforce training programs described by Chapter 311,
  Labor Code;
               (2) [(3)] for students who have failed to perform
  satisfactorily, under each performance standard under Section
  39.0241, on an assessment instrument required under Section
  39.023(a) or (c), the performance of those students on subsequent
  assessment instruments required under those sections, aggregated
  by grade level and subject area;
               (3) [(4)     for each campus, the number of students,
  disaggregated by major student subpopulations, that agree under
  Section 28.025(b) to take courses under the minimum high school
  program;
               [(5)]  the percentage of students, aggregated by grade
  level, provided accelerated instruction under Section 28.0211(c),
  the results of assessment instruments administered under that
  section, the percentage of students promoted through the grade
  placement committee process under Section 28.0211, the subject of
  the assessment instrument on which each student failed to perform
  satisfactorily under each performance standard under Section
  39.0241, and the performance of those students in the school year
  following that promotion on the assessment instruments required
  under Section 39.023;
               (4) [(6)]  the percentage of students of limited
  English proficiency exempted from the administration of an
  assessment instrument under Sections 39.027(a)(1) and (2);
               (5) [(7)]  the percentage of students in a special
  education program under Subchapter A, Chapter 29, assessed through
  assessment instruments developed or adopted under Section
  39.023(b);
               (6) [(8)]  the percentage of students who satisfy the
  college readiness measure;
               (7) [(9)]  the measure of progress toward dual language
  proficiency under Section 39.034(b), for students of limited
  English proficiency, as defined by Section 29.052;
               (8) [(10)]  the percentage of students who are not
  educationally disadvantaged;
               (9) [(11)]  the percentage of students who enroll and
  begin instruction at an institution of higher education in the
  school year following high school graduation; and
               (10) [(12)]  the percentage of students who
  successfully complete the first year of instruction at an
  institution of higher education without needing a developmental
  education course.
         (b)  This section applies beginning with the 2014-2015
  school year.
         SECTION 34.  (a)  Section 39.305(b), Education Code, is
  amended to read as follows:
         (b)  The report card shall include the following
  information:
               (1)  where applicable, the student achievement
  indicators described by Section 39.053(c) and the reporting
  indicators described by Sections 39.301(c)(1) through (3) [(5)];
               (2)  average class size by grade level and subject;
               (3)  the administrative and instructional costs per
  student, computed in a manner consistent with Section 44.0071; and
               (4)  the district's instructional expenditures ratio
  and instructional employees ratio computed under Section 44.0071,
  and the statewide average of those ratios, as determined by the
  commissioner.
         (b)  This section applies beginning with the 2013-2014
  school year.
         SECTION 35.  (a) Section 51.3062(q-1), Education Code, is
  amended to read as follows:
         (q-1)  A student who has completed the foundation [a
  recommended or advanced] high school program as determined under
  Section 28.025 and demonstrated the performance standard for
  college readiness as provided by Section 39.024 on the Algebra II
  and English III end-of-course assessment instruments is exempt from
  the requirements of this section with respect to those content
  areas.  The commissioner of higher education by rule shall
  establish the period for which an exemption under this subsection
  is valid.
         (b)  This section applies beginning with the 2014-2015
  school year.
         SECTION 36.  (a) Sections 51.803(a) and (d), Education Code,
  are amended to read as follows:
         (a)  Subject to Subsection (a-1), each general academic
  teaching institution shall admit an applicant for admission to the
  institution as an undergraduate student if the applicant graduated
  with a grade point average in the top 10 percent of the student's
  high school graduating class in one of the two school years
  preceding the academic year for which the applicant is applying for
  admission and:
               (1)  the applicant graduated from a public or private
  high school in this state accredited by a generally recognized
  accrediting organization or from a high school operated by the
  United States Department of Defense;
               (2)  the applicant:
                     (A)  successfully completed:
                           (i)  at a public high school, the curriculum
  requirements established under Section 28.025 for the foundation 
  [recommended or advanced] high school program; or
                           (ii)  at a high school to which Section
  28.025 does not apply, a curriculum that is equivalent in content
  and rigor to the foundation [recommended or advanced] high school
  program; or
                     (B)  satisfied ACT's College Readiness Benchmarks
  on the ACT assessment applicable to the applicant or earned on the
  SAT assessment a score of at least 1,500 out of 2,400 or the
  equivalent; and
               (3)  if the applicant graduated from a high school
  operated by the United States Department of Defense, the applicant
  is a Texas resident under Section 54.052 or is entitled to pay
  tuition fees at the rate provided for Texas residents under Section
  54.241(d) [54.058(d)] for the term or semester to which admitted.
         (d)  For purposes of Subsection (c)(2), a student's official
  transcript or diploma must, not later than the end of the student's
  junior year, indicate[:
               [(1)]  whether the student has satisfied or is on
  schedule to satisfy the requirements of Subsection (a)(2)(A)(i) or
  (ii), as applicable[; or
               [(2)     if Subsection (b) applies to the student, whether
  the student has completed the portion of the recommended or
  advanced curriculum or of the curriculum equivalent in content and
  rigor, as applicable, that was available to the student].
         (b)  This section applies beginning with the 2014-2015
  school year.
         SECTION 37.  (a) Section 51.804, Education Code, is amended
  to read as follows:
         Sec. 51.804.  ADDITIONAL AUTOMATIC ADMISSIONS:  SELECTED
  INSTITUTIONS. For each academic year, the governing board of each
  general academic teaching institution shall determine whether to
  adopt an admissions policy under which an applicant to the
  institution as a first-time freshman student, other than an
  applicant eligible for admission under Section 51.803, shall be
  admitted to the institution if the applicant:
               (1)  graduated from a public or private high school in
  this state accredited by a generally recognized accrediting
  organization with a grade point average in the top 25 percent of the
  applicant's high school graduating class; and
               (2)  satisfies the requirements of:
                     (A)  Section 51.803(a)(2)(A) or (B) [51.803(b),
  as applicable to the student, or Section 51.803 (a)(2)(B)]; and
                     (B)  Sections 51.803(c)(2) and 51.803(d).
         (b)  This section applies beginning with the 2014-2015
  school year.
         SECTION 38.  (a) Section 51.805(a), Education Code, is
  amended to read as follows:
         (a)  A graduating student who does not qualify for admission
  under Section 51.803 or 51.804 may apply to any general academic
  teaching institution if the student satisfies the requirements of:
               (1)  Section 51.803(a)(2)(A) or (B) [51.803(b), as
  applicable to the student, or Section 51.803(a)(2)(B)]; and
               (2)  Sections 51.803(c)(2) and 51.803(d).
         (b)  This section applies beginning with the 2014-2015
  school year.
         SECTION 39.  (a) Section 51.807(b), Education Code, is
  amended to read as follows:
         (b)  The Texas Higher Education Coordinating Board, after
  consulting with the Texas Education Agency, by rule shall establish
  standards for determining for purposes of this subchapter:
               (1)  whether a private high school is accredited by a
  generally recognized accrediting organization; and
               (2)  whether a person completed a high school
  curriculum that is equivalent in content and rigor to the
  curriculum requirements established under Section 28.025 for the
  foundation [recommended or advanced] high school program.
         (b)  This section applies beginning with the 2014-2015
  school year.
         SECTION 40.  (a) Subchapter A, Chapter 56, Education Code,
  is amended by adding Section 56.009 to read as follows:
         Sec. 56.009.  ELIGIBILITY BASED ON GRADUATION UNDER CERTAIN
  HIGH SCHOOL PROGRAMS. To the extent that a person's eligibility to
  participate in any program under this chapter, including
  Subchapters K, M, Q, and R, is contingent on the person graduating
  under the recommended or advanced high school program, as those
  programs existed before the adoption of __.B. No. _____, 83rd
  Legislature, Regular Session, 2013, the Texas Higher Education
  Coordinating Board and the commissioner of education shall jointly
  adopt rules to modify, clarify, or otherwise establish for affected
  programs appropriate eligibility requirements regarding high
  school curriculum completion.
         (b)  This section applies beginning with the 2014-2015
  school year.
         SECTION 41.  (a) Section 61.0517(a), Education Code, is
  amended to read as follows:
         (a)  In this section, "applied STEM course" means an applied
  science, technology, engineering, or mathematics course offered as
  part of a school district's career and technology education
  curriculum and approved, as provided by Section 28.027, by the
  State Board of Education for purposes of satisfying the mathematics
  and science curriculum requirements for the foundation
  [recommended] high school program [imposed] under Section 28.025
  [28.025(b-1)(1)(A)].
         (b)  This section applies beginning with the 2014-2015
  school year.
         SECTION 42.  (a) Section 61.792(b), Education Code, is
  amended to read as follows:
         (b)  To qualify for a scholarship under this section, a
  student must:
               (1)  have graduated with a grade point average in the
  top 20 percent of the student's high school graduating class;
               (2)  have graduated from high school with a grade point
  average of at least 3.5 on a four-point scale or the equivalent in
  mathematics and science courses offered under the foundation
  [recommended or advanced] high school program under Section 28.025
  [28.025(a)]; and
               (3)  maintain an overall grade point average of at
  least 3.0 on a four-point scale at the general academic teaching
  institution or the private or independent institution of higher
  education in which the student is enrolled.
         (b)  This section applies beginning with the 2014-2015
  school year.
         SECTION 43.  (a) Section 61.852(a), Education Code, is
  amended to read as follows:
         (a)  A tech-prep program is a program of study that:
               (1)  combines at least two years of secondary education
  with at least two years of postsecondary education in a
  nonduplicative, sequential course of study based on the foundation
  [recommended] high school program adopted by the State Board of
  Education under Section 28.025 [28.025(a)];
               (2)  integrates academic instruction and vocational
  and technical instruction;
               (3)  uses work-based and worksite learning where
  available and appropriate;
               (4)  provides technical preparation in a career field
  such as engineering technology, applied science, a mechanical,
  industrial, or practical art or trade, agriculture, health
  occupations, business, or applied economics;
               (5)  builds student competence in mathematics,
  science, reading, writing, communications, economics, and
  workplace skills through applied, contextual academics and
  integrated instruction in a coherent sequence of courses;
               (6)  leads to an associate degree, two-year
  postsecondary certificate, or postsecondary two-year
  apprenticeship with provisions, to the extent applicable, for
  students to continue toward completion of a baccalaureate degree;
  and
               (7)  leads to placement in appropriate employment or to
  further education.
         (b)  This section applies beginning with the 2014-2015
  school year.
         SECTION 44.  (a) Section 61.855(d), Education Code, is
  amended to read as follows:
         (d)  A tech-prep program must:
               (1)  be implemented under an articulation agreement
  between the participants in the consortium;
               (2)  consist of two to four years of secondary school
  preceding graduation and:
                     (A)  two or more years of higher education; or
                     (B)  two or more years of apprenticeship following
  secondary instruction;
               (3)  have a common core of required proficiency based
  on the foundation [recommended] high school program adopted by the
  State Board of Education under Section 28.025 [28.025(a)], with
  proficiencies in mathematics, science, reading, writing,
  communications, and technologies designed to lead to an associate's
  degree or postsecondary certificate in a specific career field;
               (4)  include the development of tech-prep program
  curricula for both secondary and postsecondary participants in the
  consortium that:
                     (A)  meets academic standards developed by the
  state;
                     (B)  links secondary schools and two-year
  postsecondary institutions, and, if practicable, four-year
  institutions of higher education through nonduplicative sequences
  of courses in career fields, including the investigation of
  opportunities for tech-prep students to enroll concurrently in
  secondary and postsecondary course work;
                     (C)  uses, if appropriate and available,
  work-based or worksite learning in conjunction with business and
  all aspects of an industry; and
                     (D)  uses educational technology and distance
  learning, as appropriate, to involve each consortium participant
  more fully in the development and operation of programs;
               (5)  include in-service training for teachers that:
                     (A)  is designed to train vocational and technical
  teachers to effectively implement tech-prep programs;
                     (B)  provides for joint training for teachers in
  the tech-prep consortium;
                     (C)  is designed to ensure that teachers and
  administrators stay current with the needs, expectations, and
  methods of business and of all aspects of an industry;
                     (D)  focuses on training postsecondary education
  faculty in the use of contextual and applied curricula and
  instruction; and
                     (E)  provides training in the use and application
  of technology;
               (6)  include training programs for counselors designed
  to enable counselors to more effectively:
                     (A)  provide information to students regarding
  tech-prep programs;
                     (B)  support student progress in completing
  tech-prep programs;
                     (C)  provide information on related employment
  opportunities;
                     (D)  ensure that tech-prep students are placed in
  appropriate employment; and
                     (E)  stay current with the needs, expectations,
  and methods of business and of all aspects of an industry;
               (7)  provide equal access to the full range of
  tech-prep programs for individuals who are members of special
  populations, including by the development of tech-prep program
  services appropriate to the needs of special populations; and
               (8)  provide for preparatory services that assist
  participants in tech-prep programs.
         (b)  This section applies beginning with the 2014-2015
  school year.
         SECTION 45.  (a) Section 61.861(c), Education Code, is
  amended to read as follows:
         (c)  A course developed for purposes of this section must:
               (1)  provide content that enables a student to develop
  the relevant and critical skills needed to be prepared for
  employment or additional training in a high-demand occupation;
               (2)  incorporate college and career readiness skills as
  part of the curriculum;
               (3)  be offered for dual credit; and
               (4)  satisfy a mathematics or science requirement under
  the foundation [recommended or advanced] high school program as
  determined under Section 28.025.
         (b)  This section applies beginning with the 2014-2015
  school year.
         SECTION 46.  (a) Section 61.864, Education Code, is amended
  to read as follows:
         Sec. 61.864.  REVIEW OF COURSES. Courses for which a grant
  is awarded under this subchapter shall be reviewed by the
  commissioner of higher education and the commissioner of education,
  in consultation with the comptroller and the Texas Workforce
  Commission, once every four years to determine whether the course:
               (1)  is being used by public educational institutions
  in this state;
               (2)  prepares high school students with the skills
  necessary for employment in the high-demand occupation and further
  postsecondary study; and
               (3)  satisfies a mathematics or science requirement for
  the foundation [recommended or advanced] high school program as
  determined under Section 28.025.
         (b)  This section applies beginning with the 2014-2015
  school year.
         SECTION 47.  (a) Section 78.10(b), Education Code, is
  amended to read as follows:
         (b)  The Texas Academy of Mathematics and Science is a
  division of The University of Texas at Brownsville and is under the
  management and control of the board.  The academy serves the
  following purposes:
               (1)  to provide academically gifted and highly
  motivated junior and senior high school students with a challenging
  university-level curriculum that:
                     (A)  allows students to complete high school
  graduation requirements[, including requirements adopted] under
  Section 28.025 for the foundation [advanced] high school program,
  while attending for academic credit a public institution of higher
  education;
                     (B)  fosters students' knowledge of real-world
  mathematics and science issues and applications and teaches
  students to apply critical thinking and problem-solving skills to
  those issues and problems;
                     (C)  includes the study of English, foreign
  languages, social studies, mathematics, science, and technology;
  and
                     (D)  offers students learning opportunities
  related to mathematics and science through in-depth research and
  field-based studies;
               (2)  to provide students with an awareness of
  mathematics and science careers and professional development
  opportunities through seminars, workshops, collaboration with
  postsecondary and university students including opportunities for
  summer studies, internships in foreign countries, and similar
  methods; and
               (3)  to provide students with social development
  activities that enrich the academic curriculum and student life,
  including, as determined appropriate by the academy, University
  Interscholastic League activities and other extracurricular
  activities.
         (b)  This section applies beginning with the 2014-2015
  school year.
         SECTION 48.  (a) Section 87.505(b), Education Code, is
  amended to read as follows:
         (b)  The Texas Academy of International Studies is a division
  of Texas A&M International University and is under the management
  and control of the board. The academy serves the following
  purposes:
               (1)  to provide academically gifted and highly
  motivated junior and senior high school students with a challenging
  university-level curriculum that:
                     (A)  allows students to complete high school
  graduation requirements[, including requirements adopted] under
  Section 28.025 for the foundation [advanced] high school program,
  while attending for academic credit a public institution of higher
  education;
                     (B)  fosters students' knowledge of real-world
  international issues and problems and teaches students to apply
  critical thinking and problem-solving skills to those issues and
  problems;
                     (C)  includes the study of English, foreign
  languages, social studies, anthropology, and sociology;
                     (D)  is presented through an interdisciplinary
  approach that introduces and develops issues, especially issues
  related to international concerns, throughout the curriculum; and
                     (E)  offers students learning opportunities
  related to international issues through in-depth research and
  field-based studies;
               (2)  to provide students with an awareness of
  international career and professional development opportunities
  through seminars, workshops, collaboration with postsecondary
  students from other countries, summer academic international
  studies internships in foreign countries, and similar methods; and
               (3)  to provide students with social development
  activities that enrich the academic curriculum and student life,
  including, as determined appropriate by the academy, University
  Interscholastic League activities and other extracurricular
  activities generally offered by public high schools.
         (b)  This section applies beginning with the 2014-2015
  school year.
         SECTION 49.  The following provisions of the Education Code
  are repealed:
               (1)  Section 28.002(q);
               (2)  Sections 28.025(b-6), (b-8), and (g);
               (3)  Sections 39.025(a-2) and (a-3); and
               (4)  Section 51.803(b).
         SECTION 50.  (a) Except as provided by Subsection (b) of
  this section, Section 39.025, Education Code, as amended by
  Sections 20 and 21 of this Act, as related to reducing end-of-course
  testing requirements, applies only to students who have entered or
  will enter the ninth grade during the 2011-2012 school year or a
  later school year.
         (b)  Students who have entered the ninth grade during or
  after the 2011-2012 school year and before the 2014-2015 school
  year and who choose to complete the curriculum requirements under
  the minimum high school program may be administered only those
  end-of-course assessment instruments that would have been
  administered to those students under Section 39.025, Education
  Code, as amended by Section 20 of this Act, and Section 39.025,
  Education Code, as amended by Section 20 of this Act, is continued
  in effect for purposes of satisfying those end-of-course testing
  requirements.
         SECTION 51.  Except as otherwise provided by this Act, this
  Act takes effect immediately if it receives a vote of two-thirds of
  all the members elected to each house, as provided by Section 39,
  Article III, Texas Constitution.  If this Act does not receive the
  vote necessary for immediate effect, this Act takes effect
  September 1, 2013.