EDUCATION CODE
SUBTITLE F. CURRICULUM, PROGRAMS, AND SERVICES
CHAPTER 28. COURSES OF STUDY; ADVANCEMENT
SUBCHAPTER A. ESSENTIAL KNOWLEDGE AND SKILLS; CURRICULUM
§ 28.001. PURPOSE. It is the intent of the legislature
that the essential knowledge and skills developed by the State
Board of Education under this subchapter shall require all students
to demonstrate the knowledge and skills necessary to read, write,
compute, problem solve, think critically, apply technology, and
communicate across all subject areas. The essential knowledge and
skills shall also prepare and enable all students to continue to
learn in postsecondary educational, training, or employment
settings.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 28.002. REQUIRED CURRICULUM. (a) Each school
district that offers kindergarten through grade 12 shall offer, as
a required curriculum:
(1) a foundation curriculum that includes:
(A) English language arts;
(B) mathematics;
(C) science; and
(D) social studies, consisting of Texas, United
States, and world history, government, and geography; and
(2) an enrichment curriculum that includes:
(A) to the extent possible, languages other than
English;
(B) health;
(C) physical education;
(D) fine arts;
(E) economics, with emphasis on the free
enterprise system and its benefits;
(F) career and technology education; and
(G) technology applications.
(b) The State Board of Education by rule shall designate
subjects constituting a well-balanced curriculum to be offered by a
school district that does not offer kindergarten through grade 12.
(c) The State Board of Education, with the direct
participation of educators, parents, business and industry
representatives, and employers shall by rule identify the essential
knowledge and skills of each subject of the required curriculum
that all students should be able to demonstrate and that will be
used in evaluating textbooks under Chapter 31 and addressed on the
assessment instruments required under Subchapter B, Chapter 39. As
a condition of accreditation, the board shall require each district
to provide instruction in the essential knowledge and skills at
appropriate grade levels.
Text of subsec. (c-1) effective until September 1, 2005
(c-1) A district may apply to the commissioner for an
extension in complying with the rules adopted by the State Board of
Education under Subsection (c), as amended by Senate Bill No. 815,
Acts of the 78th Legislature, Regular Session, 2003. The
commissioner may adopt rules as necessary for the implementation of
this subsection. This subsection expires September 1, 2005.
(d) Repealed by Acts 2003, 78th Leg., ch. 1264, § 2.
(e) American Sign Language is a language for purposes of
Subsection (a)(2)(A). A public school may offer an elective course
in the language.
(f) A school district may offer courses for local credit in
addition to those in the required curriculum. The State Board of
Education shall be flexible in approving a course for credit for
high school graduation under this subsection.
(g) A local instructional plan may draw on state curriculum
frameworks and program standards as appropriate. Each district is
encouraged to exceed minimum requirements of law and State Board of
Education rule. Each district shall ensure that all children in the
district participate actively in a balanced curriculum designed to
meet individual needs.
(h) The State Board of Education and each school district
shall foster the continuation of the tradition of teaching United
States and Texas history and the free enterprise system in regular
subject matter and in reading courses and in the adoption of
textbooks. A primary purpose of the public school curriculum is to
prepare thoughtful, active citizens who understand the importance
of patriotism and can function productively in a free enterprise
society with appreciation for the basic democratic values of our
state and national heritage.
(i) The State Board of Education shall adopt rules for the
implementation of this subchapter. Except as provided by
Subsection (j), the board may not adopt rules that designate the
methodology used by a teacher or the time spent by a teacher or a
student on a particular task or subject.
(j) The State Board of Education by rule may require
laboratory instruction in secondary science courses and may require
a specific amount or percentage of time in a secondary science
course that must be laboratory instruction.
(k) The State Board of Education, in consultation with the
Texas Department of Health and the Texas Diabetes Council, shall
develop a diabetes education program that a school district may use
in the health curriculum under Subsection (a)(2)(B).
(l) The State Board of Education, after consulting with
educators, parents, and medical professionals, by rule may require
a student enrolled in kindergarten or a grade level below grade
seven in an elementary school setting to participate in daily
physical activity as part of a school district's physical education
curriculum or through structured activity during a school campus's
daily recess, except that the board may not require more than 30
minutes of daily physical activity. If the board adopts rules under
this subsection, the board must provide for an exemption for a
student who is unable to participate in daily physical activity
because of illness or disability.
(m) Section 2001.039, Government Code, as added by Chapter
1499, Acts of the 76th Legislature, Regular Session, 1999, does not
apply to a rule adopted by the State Board of Education under
Subsection (c) or (d).
(n) The State Board of Education may by rule develop and
implement a plan designed to incorporate foundation curriculum
requirements into the career and technology education curriculum
under Subsection (a)(2)(F).
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1285, § 4.02, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 907, § 1, eff. June 14, 2001;
Acts 2001, 77th Leg., ch. 925, § 3, eff. June 14, 2001; Acts
2003, 78th Leg., ch. 61, § 2, eff. Sept. 1, 2003; Acts 2003, 78th
Leg., ch. 1264, § 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg.,
ch. 1275, § 2(14), eff. Sept. 1, 2003.
§ 28.003. EDUCATIONAL PROGRAM ACCESS. (a) If the
parents or guardians of at least 22 students at a school request a
transfer for the same school year to another school in the district
for the purpose of enrolling in an educational program offered at
that school, beginning with the following school year the district
shall:
(1) offer the program at the school from which the
transfers were requested; or
(2) offer the program at the school from which the
transfers were requested by teleconference, if available to the
district.
(b) In this section, "educational program" means a course or
series of courses in the required curriculum under Section 28.002,
other than a fine arts course under Section 28.002(a)(2)(D) or a
career and technology course under Section 28.002(a)(2)(F).
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 28.004. LOCAL SCHOOL HEALTH ADVISORY COUNCIL AND
HEALTH EDUCATION INSTRUCTION. (a) The board of trustees of each
school district shall establish a local school health advisory
council to assist the district in ensuring that local community
values are reflected in the district's health education
instruction.
(b) A school district must consider the recommendations of
the local school health advisory council before changing the
district's health education curriculum or instruction.
(c) The local school health advisory council's duties
include recommending:
(1) the number of hours of instruction to be provided
in health education;
(2) curriculum appropriate for specific grade levels
designed to prevent obesity, cardiovascular disease, and Type 2
diabetes through coordination of:
(A) health education;
(B) physical education and physical activity;
(C) nutrition services;
(D) parental involvement; and
(E) instruction to prevent the use of tobacco;
(3) appropriate grade levels and methods of
instruction for human sexuality instruction; and
(4) strategies for integrating the curriculum
components specified by Subdivision (2) with the following elements
in a coordinated school health program for the district:
(A) school health services;
(B) counseling and guidance services;
(C) a safe and healthy school environment; and
(D) school employee wellness.
(d) The board of trustees shall appoint members to the local
school health advisory council. A majority of the members must be
persons who are parents of students enrolled in the district and who
are not employed by the district. The board of trustees also may
appoint one or more persons from each of the following groups or a
representative from a group other than a group specified under this
subsection:
(1) public school teachers;
(2) public school administrators;
(3) district students;
(4) health care professionals;
(5) the business community;
(6) law enforcement;
(7) senior citizens;
(8) the clergy; and
(9) nonprofit health organizations.
(e) Any course materials and instruction relating to human
sexuality, sexually transmitted diseases, or human
immunodeficiency virus or acquired immune deficiency syndrome
shall be selected by the board of trustees with the advice of the
local school health advisory council and must:
(1) present abstinence from sexual activity as the
preferred choice of behavior in relationship to all sexual activity
for unmarried persons of school age;
(2) devote more attention to abstinence from sexual
activity than to any other behavior;
(3) emphasize that abstinence from sexual activity, if
used consistently and correctly, is the only method that is 100
percent effective in preventing pregnancy, sexually transmitted
diseases, infection with human immunodeficiency virus or acquired
immune deficiency syndrome, and the emotional trauma associated
with adolescent sexual activity;
(4) direct adolescents to a standard of behavior in
which abstinence from sexual activity before marriage is the most
effective way to prevent pregnancy, sexually transmitted diseases,
and infection with human immunodeficiency virus or acquired immune
deficiency syndrome; and
(5) teach contraception and condom use in terms of
human use reality rates instead of theoretical laboratory rates, if
instruction on contraception and condoms is included in curriculum
content.
(f) A school district may not distribute condoms in
connection with instruction relating to human sexuality.
(g) A school district that provides human sexuality
instruction may separate students according to sex for
instructional purposes.
(h) The board of trustees shall determine the specific
content of the district's instruction in human sexuality, in
accordance with Subsections (e), (f), and (g).
(i) A school district shall notify a parent of each student
enrolled in the district of:
(1) the basic content of the district's human
sexuality instruction to be provided to the student; and
(2) the parent's right to remove the student from any
part of the district's human sexuality instruction.
(j) A school district shall make all curriculum materials
used in the district's human sexuality instruction available for
reasonable public inspection.
(k) A school district shall make available for reasonable
public inspection:
(1) a statement of the policies adopted to ensure that
students in elementary grades engage in at least 30 minutes per
school day or 135 minutes per school week of physical activity; and
(2) a statement of:
(A) the number of times during the year the
district's school health advisory council has met;
(B) whether the district has adopted and enforces
policies to ensure that district campuses comply with agency
vending machine and food service guidelines for restricting student
access to vending machines; and
(C) whether the district has adopted and enforces
policies and procedures that prescribe penalties for the use of
tobacco products by students and others on school campuses or at
school-sponsored or school-related activities.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 907, § 2, eff. June 14,
2001; Acts 2003, 78th Leg., ch. 944, § 1, 2, eff. Sept. 1, 2003.
§ 28.005. LANGUAGE OF INSTRUCTION. (a) Except as
provided by this section, English shall be the basic language of
instruction in public schools.
(b) It is the policy of this state to ensure the mastery of
English by all students, except that bilingual instruction may be
offered or permitted in situations in which bilingual instruction
is necessary to ensure students' reasonable proficiency in the
English language and ability to achieve academic success.
(c) A school district may adopt a dual language immersion
program for students enrolled in elementary school grades as
provided by Section 28.0051.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 925, § 1, eff. June 14,
2001.
§ 28.0051. DUAL LANGUAGE IMMERSION PROGRAM. (a) A
dual language immersion program should be designed to produce
students with a demonstrated mastery, in both English and one other
language, of the required curriculum under Section 28.002(a).
(b) The commissioner by rule shall adopt:
(1) minimum requirements for a dual language immersion
program implemented by a school district;
(2) standards for evaluating:
(A) the success of a dual language immersion
program; and
(B) the performance of schools that implement a
dual language immersion program; and
(3) standards for recognizing:
(A) schools that offer an exceptional dual
language immersion program; and
(B) students who successfully complete a dual
language immersion program.
(c) A school district may implement a dual language
immersion program in a manner and at elementary grade levels
consistent with rules adopted by the commissioner under this
section.
Added by Acts 2001, 77th Leg., ch. 925, § 2, eff. June 14, 2001.
§ 28.006. READING DIAGNOSIS. (a) The commissioner
shall develop recommendations for school districts for:
(1) administering reading instruments to diagnose
student reading development and comprehension;
(2) training educators in administering the reading
instruments; and
(3) applying the results of the reading instruments to
the instructional program.
(b) The commissioner shall adopt a list of reading
instruments that a school district may use to diagnose student
reading development and comprehension. A district-level committee
established under Subchapter F, Chapter 11, may adopt a list of
reading instruments for use in the district in addition to the
reading instruments on the commissioner's list. Each reading
instrument adopted by the commissioner or a district-level
committee must be based on scientific research concerning reading
skills development and reading comprehension. A list of reading
instruments adopted under this subsection must provide for
diagnosing the reading development and comprehension of students
participating in a program under Subchapter B, Chapter 29.
(c) Each school district shall administer, at the
kindergarten and first and second grade levels, a reading
instrument on the list adopted by the commissioner or by the
district-level committee. The district shall administer the
reading instrument in accordance with the commissioner's
recommendations under Subsection (a)(1).
(d) The superintendent of each school district shall:
(1) report to the commissioner and the board of
trustees of the district the results of the reading instruments;
and
(2) report, in writing, to a student's parent or
guardian the student's results on the reading instrument.
(e) The results of reading instruments administered under
this section may not be used for purposes of appraisals and
incentives under Chapter 21 or accountability under Chapter 39.
(f) This section may be implemented only if funds are
appropriated for administering the reading instruments. Funds,
other than local funds, may be used to pay the cost of administering
a reading instrument only if the instrument is on the list adopted
by the commissioner.
(g) A school district shall notify the parent or guardian of
each student in kindergarten or first or second grade who is
determined, on the basis of reading instrument results, to be at
risk for dyslexia or other reading difficulties. The district
shall implement an accelerated reading instruction program that
provides reading instruction that addresses reading deficiencies
to those students and shall determine the form, content, and timing
of that program. The admission, review, and dismissal committee of
a student who participates in a district's special education
program under Subchapter B, Chapter 29, and who does not perform
satisfactorily on a reading instrument under this section shall
determine the manner in which the student will participate in an
accelerated reading instruction program under this subsection.
(h) The school district shall make a good faith effort to
ensure that the notice required under this section is provided
either in person or by regular mail and that the notice is clear and
easy to understand and is written in English and in the parent or
guardian's native language.
(i) The commissioner shall certify, not later than July 1 of
each school year or as soon as practicable thereafter, whether
sufficient funds have been appropriated statewide for the purposes
of this section. A determination by the commissioner is final and
may not be appealed. For purposes of certification, the
commissioner may not consider Foundation School Program funds.
(j) No more than 15 percent of the funds certified by the
commissioner under Subsection (i) may be spent on indirect costs.
The commissioner shall evaluate the programs that fail to meet the
standard of performance under Section 39.051(b)(7) and may
implement sanctions under Subchapter G, Chapter 39. The
commissioner may audit the expenditures of funds appropriated for
purposes of this section. The use of the funds appropriated for
purposes of this section shall be verified as part of the district
audit under Section 44.008.
(k) The provisions of this section relating to parental
notification of a student's results on the reading instrument and
to implementation of an accelerated reading instruction program may
be implemented only if the commissioner certifies that funds have
been appropriated during a school year for administering the
accelerated reading instruction program specified under this
section.
(l), (m) Expired.
Added by Acts 1997, 75th Leg., ch. 397, § 2, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 396, § 2.11, eff. Sept. 1,
1999.
§ 28.007. MATHEMATICS DIAGNOSIS. (a) Using funds
appropriated for the purpose, the commissioner shall develop and
make available or contract for the development and dissemination of
assessment instruments that a school district may use to diagnose
student mathematics skills. In developing the assessment
instruments, all assessment methods available through advanced
technology, including methods using the Internet or other computer
resources to provide immediate assessment of a student's skills,
shall be considered.
(b) The results of assessment instruments developed under
Subsection (a) may not be used for purposes of appraisals and
incentives under Chapter 21 or accountability under Chapter 39.
Added by Acts 2001, 77th Leg., ch. 834, § 7, eff. Sept. 1, 2001.
SUBCHAPTER B. ADVANCEMENT, PLACEMENT, CREDIT, AND ACADEMIC
ACHIEVEMENT RECORD
§ 28.021. STUDENT ADVANCEMENT. (a) A student may be
promoted only on the basis of academic achievement or demonstrated
proficiency of the subject matter of the course or grade level.
(b) In measuring the academic achievement or proficiency of
a student who is dyslexic, the student's potential for achievement
or proficiency in the area must be considered.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 28.0211. SATISFACTORY PERFORMANCE ON ASSESSMENT
INSTRUMENTS REQUIRED; ACCELERATED INSTRUCTION. (a) Except as
provided by Subsection (b) or (e), a student may not be promoted to:
(1) the fourth grade program to which the student
would otherwise be assigned if the student does not perform
satisfactorily on the third grade reading assessment instrument
under Section 39.023;
(2) the sixth grade program to which the student would
otherwise be assigned if the student does not perform
satisfactorily on the fifth grade mathematics and reading
assessment instruments under Section 39.023; or
(3) the ninth grade program to which the student would
otherwise be assigned if the student does not perform
satisfactorily on the eighth grade mathematics and reading
assessment instruments under Section 39.023.
(b) A school district shall provide to a student who
initially fails to perform satisfactorily on an assessment
instrument specified under Subsection (a) at least two additional
opportunities to take the assessment instrument. A school district
may administer an alternate assessment instrument to a student who
has failed an assessment instrument specified under Subsection (a)
on the previous two opportunities. Notwithstanding any other
provision of this section, a student may be promoted if the student
performs at grade level on an alternate assessment instrument under
this subsection that is appropriate for the student's grade level
and approved by the commissioner.
(c) Each time a student fails to perform satisfactorily on
an assessment instrument specified under Subsection (a), the school
district in which the student attends school shall provide to the
student accelerated instruction in the applicable subject area,
including reading instruction for a student who fails to perform
satisfactorily on a reading assessment instrument. After a student
fails to perform satisfactorily on an assessment instrument a
second time, a grade placement committee shall be established to
prescribe the accelerated instruction the district shall provide to
the student before the student is administered the assessment
instrument the third time. The grade placement committee shall be
composed of the principal or the principal's designee, the
student's parent or guardian, and the teacher of the subject of an
assessment instrument on which the student failed to perform
satisfactorily. The district shall notify the parent or guardian
of the time and place for convening the grade placement committee
and the purpose of the committee. An accelerated instruction group
administered by a school district under this section may not have a
ratio of more than 10 students for each teacher.
(d) In addition to providing accelerated instruction to a
student under Subsection (c), the district shall notify the
student's parent or guardian of:
(1) the student's failure to perform satisfactorily on
the assessment instrument;
(2) the accelerated instruction program to which the
student is assigned; and
(3) the possibility that the student might be retained
at the same grade level for the next school year.
(e) A student who, after at least three attempts, fails to
perform satisfactorily on an assessment instrument specified under
Subsection (a) shall be retained at the same grade level for the
next school year in accordance with Subsection (a). The student's
parent or guardian may appeal the student's retention by submitting
a request to the grade placement committee established under
Subsection (c). The school district shall give the parent or
guardian written notice of the opportunity to appeal. The grade
placement committee may decide in favor of a student's promotion
only if the committee concludes, using standards adopted by the
board of trustees, that if promoted and given accelerated
instruction, the student is likely to perform at grade level. A
student may not be promoted on the basis of the grade placement
committee's decision unless that decision is unanimous. The
commissioner by rule shall establish a time line for making the
placement determination. This subsection does not create a
property interest in promotion. The decision of the grade
placement committee is final and may not be appealed.
(f) A school district shall provide to a student who, after
three attempts, has failed to perform satisfactorily on an
assessment instrument specified under Subsection (a) accelerated
instruction during the next school year as prescribed by an
educational plan developed for the student by the student's grade
placement committee established under Subsection (c). The district
shall provide that accelerated instruction regardless of whether
the student has been promoted or retained. The educational plan
must be designed to enable the student to perform at the appropriate
grade level by the conclusion of the school year. During the school
year, the student shall be monitored to ensure that the student is
progressing in accordance with the plan. The district shall
administer to the student the assessment instrument for the grade
level in which the student is placed at the time the district
regularly administers the assessment instruments for that school
year.
(g) This section does not preclude the retention at a grade
level, in accordance with state law or school district policy, of a
student who performs satisfactorily on an assessment instrument
specified under Subsection (a).
(h) In each instance under this section in which a school
district is specifically required to provide notice to a parent or
guardian of a student, the district shall make a good faith effort
to ensure that such notice is provided either in person or by
regular mail and that the notice is clear and easy to understand and
is written in English or the parent or guardian's native language.
(i) The admission, review, and dismissal committee of a
student who participates in a district's special education program
under Subchapter B, Chapter 29, and who does not perform
satisfactorily on an assessment instrument specified under
Subsection (a) and administered under Section 39.023(a) or (b)
shall determine:
(1) the manner in which the student will participate
in an accelerated instruction program under this section; and
(2) whether the student will be promoted or retained
under this section.
(j) A school district or open-enrollment charter school
shall provide students required to attend accelerated programs
under this section with transportation to those programs if the
programs occur outside of regular school hours.
(k) The commissioner shall adopt rules as necessary to
implement this section, including rules concerning when school
districts shall administer assessment instruments required under
this section and which administration of the assessment instruments
will be used for purposes of Section 39.051.
(l) The commissioner shall issue a report to the legislature
not later than December 1, 2000, that reviews the enrollment of
students in accelerated instruction and the quality and
availability of accelerated instruction programs, including
accelerated instruction-related teacher professional development
programs.
(m) The commissioner shall certify, not later than July 1 of
each school year or as soon as practicable thereafter, whether
sufficient funds have been appropriated statewide for the purposes
of this section. A determination by the commissioner is final and
may not be appealed. For purposes of certification, the
commissioner may not consider Foundation School Program funds.
This section may be implemented only if the commissioner certifies
that sufficient funds have been appropriated during a school year
for administering the accelerated instruction programs specified
under this section.
Text of subsection (n) effective until January 1, 2008
(n) This section applies to the assessment instrument
administered to students in:
(1) the third grade beginning with the 2002-2003
school year;
(2) the fifth grade beginning with the 2004-2005
school year; and
(3) the eighth grade beginning with the 2007-2008
school year.
Text of subsection (o) effective until January 1, 2008
(o) Subsection (n) and this subsection expire January 1,
2008.
Added by Acts 1999, 76th Leg., ch. 396, § 2.12, eff. Sept. 1,
1999.
§ 28.0212. FINALITY OF GRADE.
Text of section as added by Acts 2003, 78th Leg., ch. 194, § 1
(a) An examination or course grade issued by a classroom
teacher is final and may not be changed unless the grade is
arbitrary, erroneous, or not consistent with the school district
grading policy applicable to the grade, as determined by the board
of trustees of the school district in which the teacher is employed.
(b) A determination by a school district board of trustees
under Subsection (a) is not subject to appeal. This subsection does
not prohibit an appeal related to a student's eligibility to
participate in extracurricular activities under Section 33.081.
Added by Acts 2003, 78th Leg., ch. 194, § 1, effective June 2,
2003.
For text of section as added by Acts 2003, 78th Leg., ch. 1212, §
7, see § 28.0212, post.
§ 28.0212. PERSONAL GRADUATION PLAN.
Text of section as added by Acts 2003, 78th Leg., ch. 1212, § 7
(a) A principal shall designate a guidance counselor,
teacher, or other appropriate individual to develop and administer
a personal graduation plan for each student enrolled in a junior
high, middle, or high school who:
(1) does not perform satisfactorily on an assessment
instrument administered under Subchapter B, Chapter 39; or
(2) is not likely to receive a high school diploma
before the fifth school year following the student's enrollment in
grade level nine, as determined by the district.
(b) A personal graduation plan must:
(1) identify educational goals for the student;
(2) include diagnostic information, appropriate
monitoring and intervention, and other evaluation strategies;
(3) include an intensive instruction program
described by Section 28.0213;
(4) address participation of the student's parent or
guardian, including consideration of the parent's or guardian's
educational expectations for the student; and
(5) provide innovative methods to promote the
student's advancement, including flexible scheduling, alternative
learning environments, on-line instruction, and other
interventions that are proven to accelerate the learning process
and have been scientifically validated to improve learning and
cognitive ability.
(c) Notwithstanding Subsection (b), a student's
individualized education program developed under Section 29.005
may be used as the student's personal graduation plan under this
section.
Added by Acts 2003, 78th Leg., ch. 1212, § 7, eff. June 20, 2003.
For text of section as added by Acts 2003, 78th Leg., ch. 194, §
1, see § 28.0212, ante.
§ 28.0213. INTENSIVE PROGRAM OF INSTRUCTION. (a) A
school district shall offer an intensive program of instruction to
a student who does not perform satisfactorily on an assessment
instrument administered under Subchapter B, Chapter 39.
(b) A school district shall design the intensive program of
instruction described by Subsection (a) to:
(1) enable the student to:
(A) to the extent practicable, perform at the
student's grade level at the conclusion of the next regular school
term; or
(B) attain a standard of annual growth specified
by the school district and reported by the district to the agency;
and
(2) if applicable, carry out the purposes of Section
28.0211.
(c) A school district shall use funds appropriated by the
legislature for an intensive program of instruction to plan and
implement intensive instruction and other activities aimed at
helping a student satisfy state and local high school graduation
requirements. The commissioner shall distribute funds to districts
that implement a program under this section based on the number of
students identified by the district who:
(1) do not perform satisfactorily on an assessment
instrument administered under Subchapter B, Chapter 39; or
(2) are not likely to receive a high school diploma
before the fifth school year following the student's enrollment in
grade nine, as determined by the district.
(d) A school district's determination of the
appropriateness of a program for a student under this section is
final and does not create a cause of action.
(e) For a student in a special education program under
Subchapter A, Chapter 29, who does not perform satisfactorily on an
assessment instrument administered under Section 39.023(a), (b),
or (c), the student's admission, review, and dismissal committee
shall design the program to:
(1) enable the student to attain a standard of annual
growth on the basis of the student's individualized education
program; and
(2) if applicable, carry out the purposes of Section
28.0211.
Added by Acts 2003, 78th Leg., ch. 1212, § 7, eff. June 20, 2003.
§ 28.022. NOTICE TO PARENT OF UNSATISFACTORY
PERFORMANCE. (a) The board of trustees of each school district
shall adopt a policy that:
(1) provides for a conference between parents and
teachers;
(2) requires the district, at least once every 12
weeks, to give written notice to a parent of a student's performance
in each class or subject; and
(3) requires the district, at least once every three
weeks, or during the fourth week of each nine-week grading period,
to give written notice to a parent or legal guardian of a student's
performance in a subject included in the foundation curriculum
under Section 28.002(a)(1) if the student's performance in the
subject is consistently unsatisfactory, as determined by the
district.
(b) The notice required under Subsections (a)(2) and (a)(3)
must:
(1) provide for the signature of a student's parent;
and
(2) be returned to the district.
(c) A policy adopted under this section does not apply to a
student who:
(1) is 18 years of age or older and who is living in a
different residence than the student's parents;
(2) is married; or
(3) has had the disabilities of minority removed for
general purposes.
(d) In this section, "parent" includes a guardian,
conservator, or other person having lawful control of a student.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1999, 76th Leg., ch. 1237, § 1, eff. Aug. 30,
1999.
§ 28.023. CREDIT BY EXAMINATION. (a) Using guidelines
established by the State Board of Education, a school district
shall develop or select for board review examinations for
acceleration for each primary school grade level and for credit for
secondary school academic subjects. The guidelines must provide
for the examinations to thoroughly test comprehension of the
information presented in the applicable grade level or subject.
The board shall approve examinations that satisfy board guidelines.
(b) A school district shall give a student in a primary
grade level credit for a grade level and advance the student one
grade level on the basis of a board-approved examination for
acceleration if:
(1) the student scores in the 90th percentile or above
on each section of the examination;
(2) a district representative recommends that the
student be advanced; and
(3) the student's parent or guardian gives written
approval of the advancement.
(c) A school district shall give a student in grade level
six or above credit for a subject on the basis of a board-approved
examination for credit in the subject if the student scores in the
90th percentile or above on the examination. If a student is given
credit in a subject on the basis of an examination, the district
shall enter the examination score on the student's transcript.
(d) Each district shall administer each examination not
less than once a year, at times to be determined by the State Board
of Education.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 28.024. CREDIT FOR ENROLLMENT IN CERTAIN ACADEMIES. A
school district shall grant to a student credit toward the academic
course requirements for high school graduation, up to a maximum of
two years of credit, for courses the student successfully completes
at:
(1) the Texas Academy of Leadership in the Humanities
under Subchapter E, Chapter 108; or
(2) the Texas Academy of Mathematics and Science under
Subchapter H, Chapter 105.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 28.025. HIGH SCHOOL DIPLOMA AND CERTIFICATE; ACADEMIC
ACHIEVEMENT RECORD. (a) The State Board of Education by rule
shall determine curriculum requirements for the minimum,
recommended, and advanced high school programs that are consistent
with the required curriculum under Section 28.002.
(b) A school district shall ensure that each student enrolls
in the courses necessary to complete the curriculum requirements
identified by the State Board of Education under Subsection (a) for
the recommended or advanced high school program unless the student,
the student's parent or other person standing in parental relation
to the student, and a school counselor or school administrator
agree that the student should be permitted to take courses under the
minimum high school program.
(c) A person may receive a diploma if the person is eligible
for a diploma under Section 28.0251. In other cases, a student may
graduate and receive a diploma only if:
(1) the student successfully completes the curriculum
requirements identified by the State Board of Education under
Subsection (a) and complies with Section 39.025(a); or
(2) the student successfully completes an
individualized education program developed under Section 29.005.
(d) A school district may issue a certificate of coursework
completion to a student who successfully completes the curriculum
requirements identified by the State Board of Education under
Subsection (a) but who fails to comply with Section 39.025(a). A
school district may allow a student who receives a certificate to
participate in a graduation ceremony with students receiving high
school diplomas.
(e) Each school district shall report the academic
achievement record of students who have completed a minimum,
recommended, or advanced high school program on transcript forms
adopted by the State Board of Education. The transcript forms
adopted by the board must be designed to clearly differentiate
between each of the high school programs and identify whether a
student received a diploma or a certificate of coursework
completion.
Text of subsec. (f) effective until September 1, 2004
(f) Subsection (b) applies to students entering the ninth
grade in the 2004-2005 school year and thereafter. This subsection
expires September 1, 2004.
(g) If a student, other than a student permitted to take
courses under the minimum high school program as provided by
Subsection (b), is unable to complete the recommended or advanced
high school program solely because necessary courses were
unavailable to the student at the appropriate times in the
student's high school career as a result of course scheduling, lack
of enrollment capacity, or another cause not within the student's
control, the school district shall indicate that fact on the
student's transcript form described by Subsection (e).
Text of subsec. (g-1) effective until January 1, 2004
(g-1) Subsection (g) applies to students entering grade
nine during or after the 2003-2004 school year. This subsection
expires January 1, 2004.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 767, § 8, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 397, § 1, eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 187, § 2, eff. May 19, 2001; Acts 2001,
77th Leg., ch. 834, § 2, eff. Sept. 1, 2001; Acts 2003, 78th
Leg., ch. 365, § 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch.
1276, § 6.003, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch.
1317, § 10, eff. Sept. 1, 2003.
§ 28.0251. HIGH SCHOOL DIPLOMA FOR CERTAIN
VETERANS. (a) Notwithstanding any other provision of this code,
a school district may issue a high school diploma to a person who:
(1) is an honorably discharged member of the armed
forces of the United States;
(2) was scheduled to graduate from high school after
1940 and before 1951; and
(3) left high school before graduation to serve in
World War II.
(b) A school district may issue a diploma to a person
otherwise eligible under Subsection (a) notwithstanding the fact
that the person holds a high school equivalency certificate or is
deceased.
(c) The commissioner by rule shall adopt a form for a
diploma application to be used by a veteran or a person acting on
behalf of a deceased veteran under this section. The commissioner
shall specify acceptable evidence of eligibility for a diploma
under this section.
Added by Acts 2001, 77th Leg., ch. 187, § 1, eff. May 19, 2001.
§ 28.026. NOTICE OF AUTOMATIC COLLEGE ADMISSION. The
board of trustees of a school district shall require each high
school in the district to post appropriate signs in each
counselor's office, in each principal's office, and in each
administrative building indicating the substance of Section 51.803
regarding automatic college admission. To assist in the
dissemination of this information, the school district shall:
(1) require that each high school counselor and class
advisor be provided a detailed explanation of the substance of
Section 51.803;
(2) require that each high school counselor and senior
class advisor explain to eligible students the substance of Section
51.803; and
(3) provide each eligible senior student under Section
51.803, at the commencement of a class's senior year, with a written
notification of the student's eligibility with a detailed
explanation of the substance of Section 51.803.
Added by Acts 1999, 76th Leg., ch. 1511, § 1, eff. June 19, 1999.
SUBCHAPTER C. ADVANCED PLACEMENT INCENTIVES
§ 28.051. DEFINITIONS. In this subchapter:
(1) "Board" means the State Board of Education.
(2) "College advanced placement course" means a
board-approved high-school-level preparatory course for a college
advanced placement test that incorporates all topics specified by
the college board on its standard syllabus for a given subject area.
(3) "College advanced placement test" means the
advanced placement test administered by the College Board and
Educational Testing Service.
(4) "College board" means the College Board and
Educational Testing Service.
(5) "International baccalaureate course" means a
high-school-level preparatory course for an international
baccalaureate examination that incorporates each topic specified
by the International Baccalaureate Organization on its standard
syllabus for a particular subject area.
(6) "International baccalaureate examination" means
the international baccalaureate examination administered by the
International Baccalaureate Organization.
(7) "Program" means the Texas Advanced Placement
Incentive Program.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 28.052. PROGRAM; PURPOSE. (a) The purpose of the
Texas Advanced Placement Incentive Program is to recognize and
reward those students, teachers, and schools that demonstrate
success in achieving the state's educational goals.
(b) Awards and subsidies granted under the program are for
the public purpose of promoting an educated citizenry.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 28.053. TYPES OF AWARDS. (a) A school participating
in the program may be awarded:
(1) a one-time $3,000 equipment grant for providing a
college advanced placement course or international baccalaureate
course to be paid to a school based on need as determined by the
commissioner; and
(2) $100 for each student who scores a three or better
on a college advanced placement test or four or better on an
international baccalaureate examination.
(b) Funds awarded under Subsection (a) shall be used in the
manner determined by the campus team established, by the principal,
under Subsection (c).
(c) The principal of each school participating in the
program shall convene, at least annually, a team composed of not
more than five members, with not fewer than three teachers, to
include at least one teacher participating in the program and at
least one teacher who teaches students in preparation for their
participation in the program, for the purpose of determining the
use of funds awarded under Subsection (a). Nothing in this section
limits the authority of the team to direct expenditure of funds
awarded under Subsection (a)(2) for awards to individual teachers
participating in the program.
(d) A teacher participating in the program may be awarded:
(1) subsidized teacher training, not to exceed $450
for each teacher, for a college advanced placement course or an
international baccalaureate course;
(2) a one-time award of $250 for teaching a college
advanced placement course or an international baccalaureate course
for the first time; and
(3) a share of the teacher bonus pool, which shall be
distributed by the teacher's school in shares proportional to the
number of courses taught.
(e) To be eligible for an award under Subsection (d), a
teacher must teach a college advanced placement course or an
international baccalaureate course.
(f) Fifty dollars may be deposited in the teacher bonus pool
for each student enrolled in the school that scores a three or
better on a college advanced placement test or four or better on an
international baccalaureate examination.
(g) A student receiving a score of three or better on a
college advanced placement test or four or better on an
international baccalaureate examination may receive reimbursement,
not to exceed $65, for the testing fee. The reimbursement shall be
reduced by the amount of any subsidy awarded by the college board or
the International Baccalaureate Organization or under Section
28.054.
(h) The commissioner may enter into agreements with the
college board and the International Baccalaureate Organization to
pay for all examinations taken by eligible public school students.
An eligible student is one who takes a college advanced placement or
international baccalaureate course at a public school or who is
recommended by the student's principal or teacher to take the test.
(i) The commissioner shall analyze and adjust, as needed,
the sum of and number of awards to ensure that the purpose of the
program is realized.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 854, § 1, eff. June 20,
2003.
§ 28.054. SUBSIDIES FOR COLLEGE ADVANCED PLACEMENT TEST
OR INTERNATIONAL BACCALAUREATE EXAMINATION. (a) A student is
entitled to a subsidy for a fee paid by the student to take a college
advanced placement test or an international baccalaureate
examination if the student demonstrates financial need. The board
shall adopt guidelines for determining financial need consistent
with the definition of financial need adopted by the college board
or the International Baccalaureate Organization.
(b) To obtain a subsidy under this section, a student must:
(1) pay the fee for each test or examination for which
the student seeks a subsidy; and
(2) submit to the board through the student's guidance
counselor a written application on a form prescribed by the
commissioner demonstrating financial need and the amount of the fee
paid by the student for each test or examination.
(c) On approval by the board, the agency may pay each
eligible applicant an equal amount, not to exceed $25 for each
applicant.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 28.055. USE OF SCHOOL AWARDS; APPLICATION. (a) A
school shall give priority to academic enhancement purposes in
using an award received under the program. The award may not be
used for any purpose related to athletics.
(b) To obtain an award under the program, a school must
submit to the board a written application in a form, manner, and
time prescribed by the commissioner.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 28.056. APPLICATION FOR TEACHER AWARDS AND
REIMBURSEMENTS. To obtain an award or reimbursement for training
expenses under the program, a teacher must submit to the board a
written application in a form, manner, and time prescribed by the
commissioner.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 28.057. FUNDING. (a) An award or subsidy granted
under this subchapter may be funded by donations, grants, or
legislative appropriations. The commissioner may solicit and
receive grants and donations for making awards under this
subchapter. The agency shall account for and distribute the
donations, grants, or legislative appropriations.
(b) The agency shall apply to the program any available
funds from its appropriations that may be used for purposes of the
program.
(c) The grant of any award or subsidy under the program is
subject to the availability of funds.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 28.058. CONFIDENTIALITY. All information regarding
an individual student received by the commissioner under this
subchapter from a school district or student is confidential under
Chapter 552, Government Code.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
