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2005 Texas Education Code CHAPTER 28. COURSES OF STUDY; ADVANCEMENT
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, with emphasis on the importance of proper nutrition and exercise; (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. (c-1) Expired. (d) Repealed by Acts 2003, 78th Leg., ch. 1264, § 2.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 Department of State Health Services 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 nine 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 ensure by rule that students enrolled in middle and junior high school settings are allowed to meet the physical activity requirement by participating in physical activity twice each week throughout the school year or the option to schedule at least two semesters overall. If the board adopts rules under this subsection, the board must provide for an exemption for: (1) any student who is unable to participate in daily physical activity because of illness or disability; and (2) a middle school or junior high school student who participates in an extracurricular activity with a physical activity component that is considered a structured activity under rules adopted by the State Board of Education. (l-1) In adopting rules relating to an activity described by Subsection (l)(2), the State Board of Education may permit an exemption for a student who participates in a school-related activity or an activity sponsored by a private league or club only if the student provides proof of participation in the activity. (l-2) To encourage school districts to promote physical activity for children through classroom curricula for health and physical education, the agency, in consultation with the Department of State Health Services, shall designate nationally recognized health and physical education program guidelines that a school district may use in the health curriculum under Subsection (a)(2)(B) or the physical education curriculum under Subsection (a)(2)(C). (l-3)(1) This subsection may be cited as "Lauren's Law." (2) The State Board of Education, the Department of State Health Services, or a school district may not adopt any rule, policy, or program under Subsections (a), (k), (l), (l-1), or (l-2) that would prohibit a parent or grandparent of a student from providing any food product of the parent's or grandparent's choice to: (A) children in the classroom of the child of the parent or grandparent on the occasion of the child's birthday; or (B) children at a school-designated function. (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; Acts 2005, 79th Leg., ch. 784, § 1, eff. June 17, 2005. § 28.0021. PERSONAL FINANCIAL LITERACY. (a) The Texas essential knowledge and skills and Section 28.025 shall require instruction in personal financial literacy in one or more courses required for high school graduation.Text of subsecs. (b), (c) effective until September 1, 2009 (b) School districts and open-enrollment charter schools shall incorporate instruction in personal financial literacy into any course meeting a requirement for an economics credit under Section 28.025, using materials approved by the board. (c) School districts and open-enrollment charter schools shall comply with Subsection (b) beginning with the 2006-2007 school year. The board shall adopt essential knowledge and skills for a course including the requirements of Subsection (a) not later than the 2008-2009 school year. This subsection and Subsection (b) expire September 1, 2009. Added by Acts 2005, 79th Leg., ch. 494, § 1, eff. Sept. 1, 2005. § 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 publish in the student handbook and post on the district's Internet website, if the district has an Internet website: (1) a statement of the policies adopted to ensure that elementary school, middle school, and junior high school students 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 preceding 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; Acts 2005, 79th Leg., ch. 784, § 2, eff. June 17, 2005. § 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. PERSONAL GRADUATION PLAN. (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. § 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. § 28.0214. FINALITY OF GRADE. (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. Renumbered from V.T.C.A., Education Code § 28.0212 by Acts 2005, 79th Leg., ch. 728, § 23.001(14), eff. Sept. 1, 2005. § 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 Section 96.707; (2) the Texas Academy of Mathematics and Science under Subchapter G, Chapter 105; (3) the Texas Academy of Mathematics and Science under Section 78.10; or (4) the Texas Academy of International Studies under Section 87.505. Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995. Amended by Acts 2005, 79th Leg., ch. 887, § 3, eff. June 17, 2005; Acts 2005, 79th Leg., ch. 1339, § 7, eff. June 18, 2005. § 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; 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 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. (f) Expired. (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). (g-1) Expired. 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; Acts 2005, 79th Leg., ch. 164, § 4, eff. May 27, 2005. § 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 1975; and (3) left high school before graduation to serve in World War II, the Korean War, or the Vietnam War. (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. Amended by Acts 2005, 79th Leg., ch. 540, § 1, eff. June 17, 2005. § 28.0252. COMPUTATION OF HIGH SCHOOL GRADE POINT AVERAGE. (a) The commissioner may develop a standard method of computing a student's high school grade point average that provides for additional weight to be given to each honors course, advanced placement course, international baccalaureate course, or dual credit course completed by a student. (b) If the commissioner develops a standard method under this section, a school district shall use the standard method to compute a student's high school grade point average, and the student's grade point average computed in that manner shall be used in determining the student's eligibility for automatic college admission under Section 51.803. (b-1) Subsection (b) applies only to students entering grade nine during or after the 2007-2008 school year. This subsection expires September 1, 2010. (c) The commissioner may adopt rules necessary to implement this section. Added by Acts 2005, 79th Leg., ch. 293, § 1, eff. Sept. 1, 2005. § 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.
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